Case law

Pacific and Southern Company, Inc., D/B/A Wxia-Tv, Cross v. Carol Duncan, D/B/A Tv News Clips, Cross-Appellee

744 F.2d 1490 · Court of Appeals for the Eleventh Circuit · Dec 7, 1984

Yet despite finding that TV News Clips had clearly violated WXIA’s copyright, the district court denied the request for an injunction for three reasons. … The fact that a court must make some difficult judgments should not prevent it from effectuating established legal rights.

United States v. Cristian Ponce

Court of Appeals for the Eleventh Circuit · Aug 7, 2026

. § 2A1.2 (relating to second-degree murder) because it determined that Ponce’s offense circumstances would qualify as murder under federal law. Why? … He maintains that Santiago establishes that the district court clearly errs when, as here, it fails to consider a defendant’s claim of self-defense before applying the murder cross-reference in § 2D1.1

Theresa Marie Schindler Schiavo v. Michael Schiavo

403 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Mar 25, 2005

The second element requires that Theresa Schiavo be “otherwise qualified,” which means that absent her disability, she would qualify for [*11] the treatment she is being denied. Id. at 120 . … Theresa Schiavo is not “otherwise qualified” because she would not have any need for a feeding- tube to deliver nutrition and hydration but for her medical condition. Plaintiffs also cannot establish the third element.

Daniel J. Stermer v. Old Republic National Title Insurance Company

Court of Appeals for the Eleventh Circuit · Nov 24, 2025

A trial court abuses its discretion if it misapplies the law, fails to follow required procedure, bases its decision on clearly erroneous facts, or clearly errs in judgment. United States v. … Here, ATFS does not qualify as the Debtor’s successor in in- terest under the de facto merger or mere continuation theories.

Ella McCruter v. Otis R. Bowen, Secretary of Health and Human Services

791 F.2d 1544 · Court of Appeals for the Eleventh Circuit · Jun 25, 1986

In other words, the Secretary does not have power to establish additional requirements over and above what Congress has specified. … This is clearly explained in a recent Fifth Circuit case, Stone v. Heckler, 752 F.2d 1099, 1103-1105 (5th Cir.1985), which cites and follows our own case of Brady v.

Sicar v. Chertoff

541 F.3d 1055 · Court of Appeals for the Eleventh Circuit · Aug 27, 2008

Thus, the court found, Appellants had not established any of the three standing requirements: injury in fact, causation, or redressibility. … The district court clearly read Appellants’ complaint as alleging their injury to be the denial of status adjustments under § 902(b).

Davis v. Jones

506 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Nov 8, 2007

application of, clearly established federal law. … established federal law as determined by the Supreme Court’s precedent in 1984.14 In ascertaining “clearly established Federal law” regarding the Due Process Clause for our § 2254(d)(1) analysis, we look to “the holdings

In Re William Boshears

110 F.3d 1538 · Court of Appeals for the Eleventh Circuit · Apr 10, 1997

whether the factfin-der at Boshears’ trial clearly would have found him not guilty if Boshears had known of the police report at the time of his trial. … Welty, as the examining physician has no independent relevance to Boshears’ guilt other than to qualify Dr. Morris as a potential witness. 3 We begin with Dr. Morris’ statement quoted in the police report.

Donato Dalrymple v. United States

460 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Aug 16, 2006

Lack of jurisdiction 8  The FTCA provides a limited waiver of the United States’ sovereign immunity for tort claims. Suarez v. … Additionally, the trial plaintiffs contend that the district court’s findings of fact that the Israeli gas gun contained oleoresin capsicum (“OC spray”), or pepper spray, are clearly erroneous because the parties agreed

J.B. Carlton v. Marshall County Gas District

992 F.2d 1171 · Court of Appeals for the Eleventh Circuit · Jun 8, 1993

DISCUSSION 10 In order to prevail in a civil rights action under section 1983, "a plaintiff must make a prima facie showing of two elements: (1) that the act or omission deprived plaintiff of a right, privilege or immunity … The plaintiffs clearly have a property interest in the money they own.

Rivera v. Allin

144 F.3d 719 · Court of Appeals for the Eleventh Circuit · Jun 23, 1998

Similarly, we review the district court's determination of qualifying strikes de novo. See McGore v. … See 112 F.3d at 1488 ("Clearly, Congress had a rational basis to believe that the fee requirements of the PLRA would further [its] objective.")

United States v. Anthony Simmons

368 F.3d 1335 · Court of Appeals for the Eleventh Circuit · May 7, 2004

Finally, he argues that even if an upward departure was warranted, the extent of this particular upward departure was clearly unreasonable. … The guideline establishing the offense 6 levels for eavesdropping and other invasion-of-privacy offenses, U.S.S.G. § 2H3.1 (2001), does not provide for enhancements based on such

Uri Dowbenko v. Google Inc.

582 F. App'x 801 · Court of Appeals for the Eleventh Circuit · Sep 5, 2014

Amazon.com, Inc., 456 F.3d 1316, 1321 (11th Cir. 2006) (recognizing that “[t]he majority of federal circuits have interpreted the CDA to establish broad federal immunity to any cause of action that would make service providers … As an initial matter, he has not alleged acts qualifying as “racketeering activity” under 18 U.S.C. § 1961(1), and hence has failed to allege a pattern of racketeering activity.

Haitian Refugee Center, Inc. v. Baker

953 F.2d 1498 · Court of Appeals for the Eleventh Circuit · Feb 4, 1992

The Executive Order was issued specifically to establish a procedure for interdiction of Haitian migrants on the high seas. … Such refusal is usually considered immune to judicial review."

Mike Smith Pontiac, GMC, Inc. v. Mercedes-Benz of North America, Inc.

32 F.3d 528 · Court of Appeals for the Eleventh Circuit · Sep 21, 1994

A licensee may file with the Department a complaint for a determination “that the proposed transferee is not a person qualified to be a transferee under this section.” Id. *532 b. … First, the statute is clearly designed to provide a remedy to an individual wronged by a licensee's violation of the Act.

United States v. The City Of Miami

2 F.3d 1497 · Court of Appeals for the Eleventh Circuit · Sep 17, 1993

, or to hire, transfer or promote a less qualified person, in preference to a better qualified person, consistent with the provisions of this decree. 9 . . . . . 5. … of other neutral causes, such as a nondiscriminatory seniority system and other factors we have discussed. 40 In sum, termination of the consent decree would be appropriate if the district court finds that the decree is clearly

Gloria MILANO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

809 F.2d 763 · Court of Appeals for the Eleventh Circuit · Feb 12, 1987

It is hard to imagine that the good cause requirement could be construed so that a de minimus procedural default, as here, would not qualify. … However, when alleged symptom-related limitations are clearly out of proportion to physical findings (e.g., no clinical findings of severe neuoromuscular disorder, yet the individual alleges inability to stand, bend, or walk

Michael Sockwell v. Commissioner, Alabama Department of Corrections

141 F.4th 1231 · Court of Appeals for the Eleventh Circuit · Jun 30, 2025

Brooks struck 80% of the qualified Black jurors while striking only 22% of the qualified white jurors. … The number of Black jurors de- creased 50%, while the number of white jurors increased. 9 This statistical information establishes a pattern of striking qualified Black jurors far more often

Estate of Jackson v. Schron (In Re Fundamental Long Term Care, Inc.)

873 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Oct 19, 2017

Clearly, these allegations are insufficient to identify Schron as having any interest in these entities. … The chances of success on such a theory are clearly slim.

United States v. Jessie J. Miller, Jr., Cross-Appellee, Jjm Trucking, Inc.

22 F.3d 1075 · Court of Appeals for the Eleventh Circuit · Jun 14, 1994

The instruction on money laundering is clearly flawed. … The court made no findings regarding the additional reduction and there is clearly no basis for it.