Case law

Equal Employment Opportunity Commission v. Exel, Inc.

884 F.3d 1326 · Court of Appeals for the Eleventh Circuit · Mar 16, 2018

And the evidence conclusively established that PTP candidates who were minimally qualified transferred directly into their new jobs without competing against other interested, non-PTP applicants. … might be more qualified.

Fed. Sec. L. Rep. P 99,414 John E. Thompson v. Smith Barney, Harris Upham & Co., Incorporated

709 F.2d 1413 · Court of Appeals for the Eleventh Circuit · Jul 18, 1983

[and] [findings of fact shall not be set aside unless clearly erroneous.” 5 . … First, general principles of equity suggest that only those who have pursued their own interests with care and good faith should qualify for the judicially created private 10b-5 remedies. See Clement A. Evans & Co. v.

Mustafa Nasir Saleem, in Behalf of Himself and Other Black Muslims of the Nation of Islam v. David C. Evans

866 F.2d 1313 · Court of Appeals for the Eleventh Circuit · Feb 27, 1989

This court has held that First Amendment claims involving state interference with or establishment of religion should not be dismissed without a hearing inquiring into the sincerity of the plaintiff’s alleged religious beliefs … The district court, however, granted the prison officials qualified immunity from damages. This court has affirmed that ruling on appeal. Diaab v.

William M. Shaw v. Connecticut General Life

353 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Dec 19, 2003

Connecticut General points out that the SPD in this case clearly gives the claims administrator broad discretion over plan interpretation. … However, Pierre clearly rejects an “arbitrary and capricious” standard of review and instead adopts an “abuse of discretion” standard of review for claims administrators’ factual interpretations.

United States v. Harold Haimowitz, Dan Scarborough, George L. Onett

725 F.2d 1561 · Court of Appeals for the Eleventh Circuit · Mar 5, 1984

The district court’s finding is a factual determination that is reversible only if shown to have been clearly erroneous. United States v. … Upon review of the record, we cannot say that the court clearly erred in admitting the statements. *1583 V.

Razvan Rusovici v. Marcy Verduin

Court of Appeals for the Eleventh Circuit · Aug 2, 2024

And to overcome qualified immunity for his claim against Verduin in her individual capacity, Rusovici must have: (1) alleged facts that establish that Verduin “violated his constitutional rights; and … (2) show[n] that the right involved was clearly estab- lished at the time of the putative misconduct.”

Barry Richardson v. Dougherty County, GA

185 F. App'x 785 · Court of Appeals for the Eleventh Circuit · Jun 5, 2006

Although Richardson alleged that he was denied a promotion, for which he was qualified, and the successful candidate for the promotion was outside of his protected class, that evidence was not enough to establish a prima … Richardson failed to present evidence that the selected 10 candidate was equally or less qualified for the job. Id. at 1089.

Diyonne McGraw v. Khanh-Lien Banko

Court of Appeals for the Eleventh Circuit · Aug 18, 2023

As for McGraw’s only remaining claim for damages, the Gov- ernor argues that he is protected by qualified immunity because his actions did not violate clearly established law. We agree. … McGraw cannot prove the existence of a clearly established substantive due process right on which she may base her claim.

Geneba Glover v. Philip Morris

459 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 14, 2006

For 3 purposes of this appeal, Defendants do not dispute that they qualify as “primary plans” by carrying part of their own risk.1 To facilitate recovery of conditional … We are confident that, if Congress intended such radical innovations in jurisdiction, federal-state relations, and tort liability, it would have more clearly expressed its intent.

Robert Ackinclose, Joseph F. Barcia v. Palm Beach County, Florida

845 F.2d 931 · Court of Appeals for the Eleventh Circuit · May 20, 1988

was not clearly foreshadowed. … In doing so, the Court eliminated what it deemed to be an unworkable and misdirected standard of state and local government immunity from federal law. Brooks v. Village of Lincolnwood, 620 F.Supp. 24, 26 (N.D.Ill.1985).

Lana E. Garner, Cross-Appellant v. Wal-Mart Stores, Inc., Cross-Appellee

807 F.2d 1536 · Court of Appeals for the Eleventh Circuit · Jan 8, 1987

, (2) that she was qualified for the position held, and, (3) that she was .replaced by a person outside the protected class. … For the reasons previously cited we find the District Court’s judgment of sexual discrimination to be supported by the record and therefore not clearly erroneous.

United States v. Geovanni Quintero Rendon

354 F.3d 1320 · Court of Appeals for the Eleventh Circuit · Dec 31, 2003

, that is his organizer and leadership role, qualifies under 3B1.1(a). .... … So he qualified on both hands. I found that—the question and the answer to be fairly graphic for the reason that this defendant qualifies here.

Powell v. Schweiker

688 F.2d 1357 · Court of Appeals for the Eleventh Circuit · Oct 12, 1982

Even if the contention were correct, it does not follow that child claimants here could qualify for SSI benefits. … The district court’s decision to not reach the class certification issue was clearly correct. The judgment of the district court is AFFIRMED. .

Tim Powell v. Alabama Credit Union Administration

Court of Appeals for the Eleventh Circuit · Jan 16, 2020

Moore’s Qualified Immunity Plaintiffs next challenge the court’s decision that Moore is entitled to qualified immunity. … And, to the extent this is an issue of first impression, Moore is “almost certainly entitled to qualified immunity, since there is rarely a clearly established violation of law in the absence of supporting case law.”

Coker v. Amoco Oil Co.

709 F.2d 1433 · Court of Appeals for the Eleventh Circuit · Jul 18, 1983

An employee qualified for benefits under the retirement program when he accumulated seventy-five points. … In order to establish that a fictitious resident defendant has been fraudulently joined, the removing party must show either that there is no possibility that the plaintiff would be able to establish a cause of action against

Patricia LaCourse v. Defense Support Services LLC

980 F.3d 1350 · Court of Appeals for the Eleventh Circuit · Nov 17, 2020

But the allocation of liability between PAE and the government has nothing to do with PAE’s immunity from liability to a third party. … We have repeatedly held that an appellant abandons an argument on appeal when she fails to “specifically and clearly identif[y]” it or “plainly and prominently” raise it in her opening brief. Access Now, Inc. v.

Connors v. Ryan's Coal Company

923 F.2d 1461 · Court of Appeals for the Eleventh Circuit · Feb 6, 1991

court was not clearly erroneous in finding that Ms. … A review of federal and state law reveals that such evidence is clearly insufficient to establish the existence of a partnership between a husband and wife. 36 Although the existence of a partnership in this case is ultimately

John A. Jenkins v. James Gaither

543 F. App'x 894 · Court of Appeals for the Eleventh Circuit · Oct 4, 2013

The district court granted a summary judgment in favor of Gaither and Acosta based on qualified immunity. We affirm. I. … “When an officer asserts qualified immunity, the issue is not whether reasonable *897 suspicion existed in fact, but whether the officer had ‘arguable’ reasonable suspicion to support an investigatory stop.” Jackson v.

Equal Employment Opportunity Commission v. Eberspaecher North America Inc.

67 F.4th 1124 · Court of Appeals for the Eleventh Circuit · May 10, 2023

Second, the EEOC argues that other parts of the charge establish that the charge was directed at ENA’s companywide practices. … I see no reason to stifle the broad investigatory power clearly laid out by the Supreme Court. Additionally, our logic in Royal Caribbean is inapplicable here.

Alfred L. Bochese v. Town of Ponce Inlet

405 F.3d 964 · Court of Appeals for the Eleventh Circuit · Apr 7, 2005

Finally, the court considered Bochese’s common law negligent retention claim, concluding that Florida’s 16 sovereign immunity law barred liability for the decision to retain Mr … The plaintiff has the burden to ‘clearly and specifically set forth facts sufficient to satisfy [] Art. III standing requirements.’