Case law

Christian Coalition of Florida, Inc. v. United States

Court of Appeals for the Eleventh Circuit · Nov 15, 2011

After that litigation concluded, the IRS issued, via a letter dated July 31, 2008, its final determination that CC-FL did not qualify for tax exempt status under section 501(c)(4). … Accordingly, the terms of the statute or statutes waiving immunity are construed strictly, and courts may only entertain suits that are in full accord with such statutes. See Soriano v.

Instituto De Prevision Militar v. Merrill Lynch

546 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Oct 29, 2008

Merrill Lynch does not and cannot argue that IPM was “established for the purpose of participating in [this] action.” … In short, Merrill Lynch has established all four elements of SLUSA preclusion: (1) this case qualifies as a “covered class action”; (2) the second amended complaint asserts state law causes of action; and (3) the state

American Association Of Christian Schools Voluntary Employees Beneficiary Association Welfare Plan Trust v. United States

850 F.2d 1510 · Court of Appeals for the Eleventh Circuit · Aug 2, 1988

Sec. 1.501(c)(3)-1(a)(1), before it can qualify for an exemption under Section 501(c)(3). … Since the Trust invests the funds, processes the claims, and pays insurance benefits, this claim is clearly without merit

Gitlitz v. Compagnie Nationale Air France

129 F.3d 554 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

This burden can be met either by showing direct proof of discrimination or by satisfying the scheme for circumstantial evidence established by McDonnell Douglas Corp. v. … Plaintiffs are clearly entitled to ERISA's protection and qualified for the job, thus satisfying the first two prongs.

United States v. Meister

744 F.3d 1236 · Court of Appeals for the Eleventh Circuit · Dec 17, 2013

Carr, 947 F.2d 1239, 1240 (5th Cir.1991) (per curiam). 3 Consequently, the majority of circuits have found that district judges qualify as “judicial officers” within § 3145(c) and have the authority to determine whether “ … Accordingly, we find that the district court erred in concluding that it lacked jurisdiction to determine whether Meister established exceptional *1240 reasons to support his release pending sentencing.

Marine Coatings of Alabama, Inc. v. United States

792 F.2d 1565 · Court of Appeals for the Eleventh Circuit · Jul 9, 1986

. §§ 781-89 (PVA), and, alternatively, (2) MCI could not establish its right to a maritime lien were the vessels privately owned — a necessary condition precedent to jurisdiction under the SAA. … MCI argues that because it would be entitled to a maritime lien under § 971 of the MLA were the three vessels privately owned, it could therefore seek damages under the waiver of sovereign immunity found in § 742 of the SAA

Rebecca K. Haberski v. Andrea Bufano

Court of Appeals for the Eleventh Circuit · Mar 13, 2018

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … To avoid summary judgment based on qualified immunity, a plaintiff must show both that the defendant violated a constitutional right and that the right was already clearly established -- given the circumstances -- when

Sonny Austin Ramdeo v. United States

136 F.4th 1348 · Court of Appeals for the Eleventh Circuit · May 20, 2025

“A district court abuses its discretion when its ruling rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law to fact.” United States v. … What Correa-Negron established is that prisoners in custody can only challenge their custodial sentences under § 2255—a non- controversial point.

Kimberly Annette Ellison v. Kenneth Warren Hobbs

Court of Appeals for the Eleventh Circuit · Aug 29, 2019

QUALIFIED IMMUNITY The qualified immunity defense shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … qualified immunity defense.

Patterson & Wilder Construction Co. v. United States

Court of Appeals for the Eleventh Circuit · Sep 15, 2000

As these cases establish, we are required to look at the totality of the parties’ relationship over the six days of the mission rather than only at isolated phases. … That case addressed whether a pilot hired for general firefighting duties qualified as a Government employee by virtue of the fact that he was subject to Government safety regulations.

Doris Lapham v. Walgreen Co.

88 F.4th 879 · Court of Appeals for the Eleventh Circuit · Dec 13, 2023

As to the retaliation claims, Lapham argued that her various complaints about employ- ment conditions between February 2017 and April 2017 qualified as protected activities. … That evidence, in Lapham’s view, clearly establishes that Shelton “complained” about her FMLA requests and thus consti- tutes direct evidence that Shelton possessed a “retaliatory attitude.”

Ross M. Jackson v. Sgt. Glenn Cowan

Court of Appeals for the Eleventh Circuit · Sep 1, 2022

Qualified Immunity Principles “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … I now turn to the clearly established prong of the qualified immunity inquiry.

St. Joseph's Hospital, Inc. v. Hospital Corporation Of America

795 F.2d 948 · Court of Appeals for the Eleventh Circuit · Aug 5, 1986

Joseph's establishment of a cardiac surgery program in violation of the Sherman Antitrust Act. St. … Id. at 670 , 85 S.Ct. at 1593 . 36 Thus, while the delaying tactics of the defendants are clearly immune from antitrust liability, the furnishing of misinformation to SHPA is not entitled to the same protection.

Lifestar Ambulance Service, Inc. v. United States

365 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Apr 16, 2004

The Medicare Act establishes a comprehensive remedial scheme, providing both administrative hearing rights for aggrieved providers, such as plaintiffs, and judicial review of the Secretary’s final decisions. … The Supreme Court has recently reaffirmed the immunity of Medicare’s exhaustion requirement to the allegation of futility. Illinois Council, 529 U.S. at 2.

United States v. John Thomas Burnette

65 F.4th 591 · Court of Appeals for the Eleventh Circuit · Apr 11, 2023

As examples of qualifying acts, the Court used illustrations relevant to the case before it—“[f]or example, a decision or action to initiate a research study[,] or a decision or ac- tion on a qualifying … —clearly constitutes an “agree[ment]” to something, and thus clearly invited error with re- spect to something. What, though, is that something?

United States v. Kent

175 F.3d 870 · Court of Appeals for the Eleventh Circuit · May 4, 1999

Edmondson, 818 F.2d 768, 769 (11th Cir.1987). 2 The record does not establish exactly where in Kent's apartment the short-barreled upper receiver unit and the lower receiver unit of the Colt AR-15 rifle were found. … From these parts, it was possible to assemble either a rifle with a seven-inch barrel that would qualify as a "firearm" or a rifle with a nineteen-and-three-quarters-inch barrel that would not qualify as a "firearm."

Kevin Spencer v. United States

Court of Appeals for the Eleventh Circuit · Nov 14, 2014

Although district courts do not presume that the advisory guideline range is reasonable, see Gall, 552 U.S. at 50, they certainly know that within-guidelines sentences are effectively immune from reversal on appeal—think … As a result, it cannot qualify as a predicate offense under the career-offender guideline.

Harvey R. Johnson v. Kevin Burden

Court of Appeals for the Eleventh Circuit · Jul 9, 2019

Defendants also contend that, even if Bivens did extend to Johnson’s claims, they are entitled to qualified immunity. … Regarding qualified immunity, the district court concluded that, assuming Defendants acted within the scope of their employment, they were not entitled to qualified immunity because Johnson alleged facts demonstrating

Julia Huff Walker v. City of Huntsville Alabama

310 F. App'x 335 · Court of Appeals for the Eleventh Circuit · Feb 6, 2009

Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”). … Nor do we need to reach the officers’ qualified immunity defense.

David Harrell v. Robert A. Butterworth, Attorney General for the State of Florida, Michael W. Moore

251 F.3d 926 · Court of Appeals for the Eleventh Circuit · May 29, 2001

Thus, we turn to the Florida Supreme Court’s decision to determine if it is contrary to or involved an unreasonable application of clearly established Federal law, as determined by the United States Supreme Court. … We conclude that the Florida Supreme Court’s decision was neither contrary to, nor an unreasonable application of, clearly established Federal law as determined by the United States Supreme Court.