Case law

Securities and Exchange Commission v. Ibrahim Almagarby

92 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Feb 14, 2024

Gins- burg, 362 F.3d at 1305 (“Promising to stop doing wrong while deny- ing any wrongdoing is the wrong way to establish that wrongdoing will not reoccur.”); SEC v. … But those letters may reflect only Almagarby’s desire to immunize himself from liability, as much as any desire to follow the law. Cf. James J.

Knight v. State of Georgia

992 F.2d 1541 · Court of Appeals for the Eleventh Circuit · Jun 14, 1993

On January 27, 1991, the district court denied the motion, finding that the Georgia law constitutes a "subterfuge to evade the purposes of [the ADEA]" and therefore does not qualify for the § 4(j) exemption. … before an employer was subject to the ADEA are held per se not to be subterfuges, Betts, 492 U.S. at 168 , 109 S.Ct. at 2861 ; United Air Lines, 434 U.S. at 203-04 , 98 S.Ct. at 450-51 , the age 55 retirement requirement is immune

Jimmy Davis v. City of Atlanta, Georgia

582 F. App'x 860 · Court of Appeals for the Eleventh Circuit · Nov 18, 2014

Wolford is entitled to qualified immunity from suit if he had “arguable probable cause” for the arrest. See Crosby v. Monroe County, 394 F.3d 1328, 1332 (11th Cir. 2004). … Additionally, the district court correctly determined that Officer Wolford is entitled to qualified immunity on Davis’s excessive force claim.

Harduvel v. General Dynamics Corporation

878 F.2d 1311 · Court of Appeals for the Eleventh Circuit · Jul 31, 1989

Both parties therefore relied on witnesses who qualified as experts. … Without the defense, the government's own tort immunity for its discretionary functions would be undermined.

United States v. Keen

676 F.3d 981 · Court of Appeals for the Eleventh Circuit · Apr 5, 2012

Instead, we conclude that to qualify as an agent of an entity, an individual need only be authorized to act on behalf of that entity. … Clearly, measures to police the integrity of entities receiving federal funds fall under the scope of this power.

The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc.

902 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Sep 5, 2018

. § 1715z-20, which authorizes the Secretary of the Department of Housing and Urban Development to establish a mortgage-insurance program designed to encourage lenders to offer reverse mortgages and thereby alleviate some … “Georgia law clearly authorizes the use of ‘non-judicial power of sale foreclosure’ as a means of enforcing a debtor’s obligation to repay a loan secured by real property.” You v.

Chester Weaver, Sr. v. Ray Geiger

294 F. App'x 529 · Court of Appeals for the Eleventh Circuit · Sep 24, 2008

The rationale for the district court’s rejection of the other two allegations is less clearly articulated, but the decision did not constitute an abuse of discretion. … Ct. 1728, 1733 (1992) (declaring that district courts can dismiss in forma pauperis claims “whose factual contentions are clearly baseless”).

Haitian Refugee Center, Inc. v. Nelson

872 F.2d 1555 · Court of Appeals for the Eleventh Circuit · May 23, 1989

The program directs the Attorney General to adjust the status of any qualifying alien to that of an alien admitted for temporary residence. … This argument is clearly inapposite as applied to the organizational plaintiffs, who had no remedy to exhaust. 10 See Ayuda, Inc. v. Meese, 687 F.Supp. 650, 660 (D.D.C.1988).

Miguel Alvarado-Linares v. United States

44 F.4th 1334 · Court of Appeals for the Eleventh Circuit · Aug 16, 2022

USCA11 Case: 19-14994 Date Filed: 08/16/2022 Page: 18 of 29 18 Opinion of the Court 19-14994 59, a VICAR murder conviction predicated on the federal definition of murder is clearly … Our precedents establish that aiding and abetting offenses can qualify as crimes of violence under Sec- tion 924(c).

Ocmulgee Fields, Inc. v. Comm. of Internal Revenue

Court of Appeals for the Eleventh Circuit · Aug 13, 2010

that the tax court clearly erred. … Ocmulgee Fields’ next argues that it had legitimate business purposes for the exchange, but this argument also fails to establish clear error.

Jeffrey H. Holden vs Cliff Sticher

427 F. App'x 749 · Court of Appeals for the Eleventh Circuit · May 24, 2011

Because discretionary authority is not contested,3 Holden must show that Sticher violated a constitutional right and that constitutional right was clearly established. Durruthy v. … established.4 Id.

United States v. Scheer

168 F.3d 445 · Court of Appeals for the Eleventh Circuit · Feb 25, 1999

Now, clearly, I mean, Mr. … cooperation but, subsequently, revoked the immunity and indicted him along with Scheer.

United States v. Terry Lanier, Samuel Stevens, Carl Jamerson

920 F.2d 887 · Court of Appeals for the Eleventh Circuit · Jan 10, 1991

The SBA then finds a qualified business and subcontracts the task to the qualified business. 15 U.S.C.A. § 637 (a) (West Supp. 1990). 2 . IV R. 277. Citations to the record will be in the form: volume R. p. 3 . … Riggs, a civilian employee responsible for verifying fuel deliveries at Fort Stewart, testified under a grant of immunity. VI R. 1078. 7 .

Penton v. Pompano Construction Co.

976 F.2d 636 · Court of Appeals for the Eleventh Circuit · Nov 2, 1992

Clearly, there is *641 nothing about these features of the case that possess a uniquely maritime flavor. … Here, there is no question of any damage to the barge, and, clearly, the barge’s condition had nothing to do with Penton’s accident.

Kilgo v. Bowman Transportation, Inc.

789 F.2d 859 · Court of Appeals for the Eleventh Circuit · May 15, 1986

If you are minimally qualified, there is a good chance you will be hired, provided you contact the company within 15 days of receipt of this letter. … Wood also conceded that he had approved the hiring of less qualified applicants. Id. at 1036-37.

Judybill Osceola Enrolled Member of the Seminole Indian Tribe of Florida and All Others Similarly Situated v. Florida Department of Revenue

893 F.2d 1231 · Court of Appeals for the Eleventh Circuit · Feb 6, 1990

Unless this case fits within a recognized exception, the Tax Injunction Act clearly bars federal courts from maintaining jurisdiction under the circumstances present in this case. … It seems clear [that section 1341] does not bar federal court jurisdiction in cases where immunity from state taxation is asserted on the basis of federal law with respect to persons or entities in which the United States

Morris v. American Shipping Co.

748 F.2d 563 · Court of Appeals for the Eleventh Circuit · Dec 10, 1984

Therefore, since this factual finding is not clearly erroneous, Terman Foods, Inc. v. … Philip Morris has clearly established a prima facie case here.

United States v. Barnette

800 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Oct 8, 1986

The evidence showed that Gibbs was clearly aware of J.E.T.S.’ size problems. … The proof at trial clearly established a basis for the restitution order. The restitution order imposed as part of the sentence on Count 15 is vacated. The restitution orders imposed on all other counts are affirmed.

Roland McCarthy v. City of Cordele Georgia

Court of Appeals for the Eleventh Circuit · Jul 31, 2024

immunity barred McCarthy’s claims against Deriso in his individual capacity. … An “em- ployment decision, such as termination,” qualifies as a municipal policy if the “decisionmaker ‘possesse[d] final authority to establish municipal policy with respect to the action.’”

Computel, Inc., a Florida Corp. v. Emery Air Freight Corp.

919 F.2d 678 · Court of Appeals for the Eleventh Circuit · Dec 18, 1990

It is clearly charged with knowledge of what kind of payment it had requested from UPS in each instance.”). … We think the facts of this case are clearly distinguishable from Buchwald Jewelers as well. See infra note 8. .