Case law

Margaret M. BAKER, Plaintiff-Appellant, v. SEARS, ROEBUCK & CO., Defendant-Appellee

903 F.2d 1515 · Court of Appeals for the Eleventh Circuit · Jun 26, 1990

Specifically, the plaintiff failed to prove that she was qualified for the employment position at issue. … Sears’ policy toward its management employees is not necessarily related to its sales employees; they are clearly distinct groups.

Hester v. International Union Of Operating Engineers

941 F.2d 1574 · Court of Appeals for the Eleventh Circuit · Sep 20, 1991

The remaining applicants considered for appointment are divided into three groups: outstanding, well-qualified, and qualified.... … The remaining applicants considered for appointment are divided into three groups: outstanding, well-qualified, and qualified.

Pittman ex rel. Pope v. Secretary, Florida Department of Health & Rehabilitative Services

998 F.2d 887 · Court of Appeals for the Eleventh Circuit · Aug 3, 1993

DISCUSSION The Medicaid Act establishes a state and federal cooperative program, in which states may choose to participate. … Once the state agrees to participate in the program, it must establish a plan that meets stated requirements.

Robert Stern v. International Business Machines (IBM), a New York Corporation

326 F.3d 1367 · Court of Appeals for the Eleventh Circuit · Apr 14, 2003

IBM makes payments to employees who qualify for the program out of the company’s general assets. … However, neither Donovan nor its progeny address the issue here, when a program would clearly qualify as an ERISA plan but for its specific exemption by a reasonably justified regulation.

Floyd Damren v. State of Florida

776 F.3d 816 · Court of Appeals for the Eleventh Circuit · Jan 21, 2015

When a prisoner files for habeas corpus relief outside the one-year limitations period, a district court may still entertain the petition if the petitioner establishes that he is entitled to equitable tolling. … After reviewing the record, we agree with the District Court’s finding.6 While Morrow’s incomplete and inadequate attempts to ascertain the deadline by which to file Damren’s petition clearly constitute negligent conduct

Assicurazioni Generali v. D'Amico and Harrington & Company, Inc., Jointly and Severally

766 F.2d 485 · Court of Appeals for the Eleventh Circuit · Jul 23, 1985

The clause itself must clearly express the understanding of the contracting parties through the “clarity of language used.” Id. … This court is cognizant that the intent of COGSA, inter alia, was to establish uniform ocean bills of lading to govern the rights and liabilities of carriers and shippers in international trade.

Thomas Harvey Blanton v. Griel Memorial Psychiatric Hospital

758 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Apr 29, 1985

Claims under this Section must allege that some person, acting under color of state law, deprived plaintiff of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. 42 U.S.C. § 1983 … For this reason, the allegations in plaintiffs complaint are insufficient to establish an important element of his claim.

Donald C. Maynard v. Pneumatic Products Corp.

233 F.3d 1344 · Court of Appeals for the Eleventh Circuit · Nov 22, 2000

Maynard points to the major life activity of walking, which qualifies as a major life activity under the ADA. See 29 C.F.R. § 1630 .2© (1997); Sutton v. … Drexel Univ., 94 F.3d 102, 105 (3d Cir.1996)) (“Although the record clearly indicates that [appellant] suffers an impairment that affects to some degree his ability to walk, he has not ‘adduced sufficient evidence from which

Be & K Construction Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

133 F.3d 1372 · Court of Appeals for the Eleventh Circuit · Oct 27, 1997

“batched” *1376 application submitted by the IBEW and the Plumbers’ Union. 9 The Board, in agreement with the ALJ, found that BE & K violated sections 8(a)(3) and 8(a)(1) of the Act by refusing to consider for hire ten qualified … This statute, section 8(c), clearly states that such language by the employer “shall not constitute or be evidence of an unfair labor practice.”

Timothy Rylee v. Sheriff Charles Chapman

316 F. App'x 901 · Court of Appeals for the Eleventh Circuit · Feb 27, 2009

Sheriff Chapman’s official immunity Rylee argues that the district court erred in dismissing his ADA and § 1983 claims against Sheriff Chapman on the basis of official immunity. … The ADA prohibits a “public entity” from discriminating against a “qualified individual with a disability” on account of his disability. 42 U.S.C. § 12131.

In Re: A.W. & Associates, Inc., Debtor. William J. Miller, Jr. v. Florida Mining and Materials

136 F.3d 1439 · Court of Appeals for the Eleventh Circuit · Mar 17, 1998

The parties dispute whether the payment qualifies for the § 547(c)(2) exception. … account, and Florida Mining’s practice of changing payment terms with each account, the bankruptcy court's factual determination that the payment was in the ordinary course of business vis-a-vis these two parties was not clearly

Jalen Bass v. Roland Jones, Jr.

Court of Appeals for the Eleventh Circuit · May 29, 2025

He also argued that he was entitled to qualified immunity because he had not violated Bass’s clearly established constitutional rights. … Qualified immunity protects a government official from suit in their individual capacity unless their conduct violates “clearly established statutory or constitu- tional rights of which a reasonable person

Adefemi v. Ashcroft

335 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Jun 30, 2003

That is, we have jurisdiction to determine whether Adefemi is deportable because he has been “convicted under any law” of a qualifying firearms offense. 8 U.S.C. § 1251 (a)(2)(C). … Since the front side of the document clearly charges Adefemi with an offense, and since Adefe-mi has never argued that the signatures are not his, we will treat them as such.

The News-Press v. U. S. Dept. of Homeland Security

489 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Jun 22, 2007

6.21 See Cochran, 770 F.2d at 954-55 (explaining the “clearly established” relationship between the Privacy Act and FOIA Exemption 6). … That is, unlike many government benefits programs, such as welfare, Medicaid, and unemployment, one need not fall below a certain annual income level to qualify for disaster assistance.

Gloria Jane Miller v. Advantage Behavioral Health Systems

677 F. App'x 556 · Court of Appeals for the Eleventh Circuit · Jan 26, 2017

The court proceeded to reject Advantage’s argument that it qualifies as an “arm of the State” for Eleventh Amendment purposes and denied Advantage’s motion to dismiss. We affirm. … Bd. of Educ., 466 F.3d 232, 237 (2d Cir. 2006) (joining its sister circuits to hold that an entity seeking refuge in the Eleventh Amendment “bears the burden of demonstrating that it qualifies as an arm of the state”).

United States v. Mark Forney

9 F.3d 1492 · Court of Appeals for the Eleventh Circuit · Dec 27, 1993

Wade *1502 establishes a restricted exception for judicial review of the government's refusal to make a 5K1.1 motion: there must be an allegation of unconstitutional motivation. … R.Crim.P. 35(b) ("The court’s authority to reduce a sentence under this subsection includes the authority to reduce such sentence to a level below that established by statute as a minimum sentence,”).

Pilkington v. United Airlines

112 F.3d 1532 · Court of Appeals for the Eleventh Circuit · May 22, 1997

In anticipation of this strike, United recruited "fleet qualified" pilots, i.e., pilots already experienced and qualified to operate the aircraft then in United's fleet. … These letters, contained in the record, clearly establish that by the period of July 1987 to December 1987, the fleet qualified pilots, including the plaintiffs, had knowledge of their injuries and knew that the injuries

United States v. Thomas Patrick Keelan

Court of Appeals for the Eleventh Circuit · May 13, 2015

Ct. 377, 381 (2004). 6 Florida Statute 800.04 qualifies as a “crime of violence” within the meaning of U.S.S.G. § 4B1.2. … We cannot conclude the district court clearly erred in finding Keelan proximately caused J.S.’s mental health treatment expenses. IV.

Otis Sims, III v. Lester Quilliams

378 F. App'x 945 · Court of Appeals for the Eleventh Circuit · May 10, 2010

rights, and the violated constitutional right was clearly established at the time of the violation. … favorable to the plaintiff establish a constitutional violation by the officers, and, (2) it was clearly established at the time of the incident that the actions of the defendant were unconstitutional.

Alliant Tax Credit 31, Inc. v. M. Vincent Murphy, III

924 F.3d 1134 · Court of Appeals for the Eleventh Circuit · May 15, 2019

As such, it concluded that Alliant had established subject-matter jurisdiction by a preponderance of the evidence. … To be sure, parties have a “‘qualified right to jurisdictional discovery,’ meaning that a district court abuses its discretion if it completely denies a party jurisdictional discovery.” Am.