Case law

Wright v. Southland Corporation

187 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Sep 3, 1999

Instead, he need only establish that (1) an adverse employment action was taken against him, (2) he was qualified for the job position in question, and (3) different treatment was given to someone who differs in regard to … Furthermore, the threat was clearly linked to the statutorily-protected activity of pursuing a complaint with the EEOC.

Gilmere v. City Of Atlanta

774 F.2d 1495 · Court of Appeals for the Eleventh Circuit · Oct 15, 1985

As it noted, such action clearly implicated at least one of the Johnson factors in that the injury inflicted constituted the most serious harm possible. … Under that standard, a seizure clearly occurred in the case before us. A seizure is not unconstitutional, however, unless it is "unreasonable."

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

Hill v. Schofield

625 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jun 18, 2010

In those opinions, the Supreme Court did not alter the meaning of the term “clearly established,” but merely applied the rule that “[a] legal principle is ‘clearly established’ within the meaning of [AEDPA] only when it is … Ct. 1203 (2008), “clearly established” that rule and thus reversed the Texas appellate court. Id. at 1173-74.

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.’

McGregor Ex Rel. Bankruptcy Estate of Cox v. AutoZone, Inc.

180 F.3d 1305 · Court of Appeals for the Eleventh Circuit · Jul 14, 1999

. § 825.208(a) ("In all circumstances, it is the employer's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee as provided in this section."). 29 … The Act's legislative history also indicates FMLA establishes a baseline of 12 weeks of leave. S.Rep.

Shawna Bates v. JP Morgan Chase Bank, NA

768 F.3d 1126 · Court of Appeals for the Eleventh Circuit · Sep 30, 2014

Taken in context, this language clearly makes compliance with HUD regulations a condition precedent to the bank’s right to accelerate the debt or exercise the power of sale. … The prior response from Chase clearly explained that the funds had been returned, although it did not explain how.

In Re: Jeffrey Smith

Court of Appeals for the Eleventh Circuit · Jul 18, 2016

this Court certifies that the second or successive motion contains a claim involving: (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish … . § 924(c)(3) clearly includes carjacking.

Jenny Smith v. Haynes & Haynes P.C.

940 F.3d 635 · Court of Appeals for the Eleventh Circuit · Oct 15, 2019

Assuming the conversations took place, Smith’s request for overtime pay is likely not enough, by itself, to establish knowledge of a legal claim against Defendants. … AFFIRMED in part, VACATED in part, and REMANDED. 7 Defendants also contend that Smith’s retaliation claim is barred by litigation immunity.

United States v. Raul Trujillo, Francisco Nelson Fuentes

146 F.3d 838 · Court of Appeals for the Eleventh Circuit · Oct 5, 1998

This two-level adjustment made Fuentes ineligible to qualify for the Safety Valve Provision under section 5C1.2 or the downward departure in section 2D1.1. … We hold that the district court’s finding was not clearly erroneous. See, e.g., United States v. Hansley, 54 F.3d 709, 716 (11th Cir.)

Offshore Aviation v. Transcon Lines, Inc.

831 F.2d 1013 · Court of Appeals for the Eleventh Circuit · Nov 10, 1987

In contrast to all the other evidence produced by Offshore, this letter qualifies the equipment sent to Offshore as being “in an unserviceable state.” … Celotex has clearly held otherwise in making a distinction between evidence admitted for trial and evidence admitted for avoidance of summary judgment.

Crowley Maritime Corporation v. National Union Fire Insurance Company of Pittsburgh, PA

931 F.3d 1112 · Court of Appeals for the Eleventh Circuit · Jul 23, 2019

The issue is whether these specific documents that were submitted to National Union in 2008 qualified. … National Union’s arguments before this Court do not clearly focus on whether the substantive contents of the Affidavit, once known, qualified as Claim under the Policy.

Paul H. Evans v. Secretary, Florida Department of Corrections

699 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Oct 23, 2012

Alabama, 318 F.3d 1302, 1309 (11th Cir. 2003) (“Our inquiry into what is clearly established federal law for AEDPA purposes must focus on the decisions of the Supreme Court. … Clearly established federal law is not the case law of the lower federal courts, including this Court.”) (quotation marks omitted); Putman v.

Derek Thomas v. John Bartholomew, IV

Court of Appeals for the Eleventh Circuit · Apr 23, 2025

Thomas does not challenge on appeal the district court’s application of judicial immunity and quasi-judicial immun- ity. … To establish a pattern of racketeering activity, the plaintiff must allege “at least two qualifying predicate acts, each of which must constitute a vio- lation of one of the state or federal laws described

Robert Kelvin Lindbloom v. Manatee County

Court of Appeals for the Eleventh Circuit · Mar 31, 2020

To show entitlement to qualified immunity, the official must first establish that they acted within the scope of their discretionary authority. Id. … The plaintiff must show that the officer’s conduct violated a constitutionally protected right and that the right was clearly established. Id. Each defendant is entitled to an independent qualified-immunity analysis.

Donna Curling v. David J. Worley

Court of Appeals for the Eleventh Circuit · Oct 5, 2022

For whatever reason, some voters instead check or cross through the ovals, and the Coalition argued that those marks should also qualify as votes. … The state defendants ask us to review and reject the court’s order, claiming that it qualifies as a preliminary injunction. The Coalition disagrees.

Tw Ex Rel. Wilson v. School Bd., Seminole, Fla.

610 F.3d 588 · Court of Appeals for the Eleventh Circuit · Jun 29, 2010

Because the district court concluded that the federal claims against Garrett failed as a matter of law, the district court did not decide whether Garrett was entitled to qualified immunity. … established constitutional rights.

Woodruff v. United States

954 F.2d 634 · Court of Appeals for the Eleventh Circuit · Apr 9, 1992

. § 8128 (b). 8 Conclusions of law and fact made by the Secretary or the ECAB are also immune from judicial review. Id. Facts 7 Gordon R. … The FTCA waives the immunity of the United States for liability to suits in tort. The Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1988).

United States v. McCarty

99 F.3d 383 · Court of Appeals for the Eleventh Circuit · Nov 12, 1996

To qualify for an offense level reduction for acceptance of responsibility under § 3E1.1 of the sentencing guidelines, a defendant bears the burden of establishing entitlement by clearly demonstrating acceptance of … moving to withdraw a guilty plea may not automatically preclude offense level reduction for acceptance of responsibility, that the district court weighed McCarty's inconsistent testimony before concluding he had not clearly

McElmurray v. CONSOLIDATED GOV'T, AUGUSTA-RICHMOND COUNTY

501 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Oct 1, 2007

They are also clearly public records. … “In other words, a plaintiff need not establish herself as the original source of the publicly disclosed information but must establish that she is an original source of the information in that she had direct and independent