Case law

Philmore v. McNeil

575 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Jul 23, 2009

No. 104-132, 110 Stat. 1214 (1996), Philmore must show that the state court decision adjudicating his claims (1) was contrary to, or involved an unreasonable application of, clearly established Supreme Court precedents, or … Maher, Garland clearly considered this alternative and rejected it.” Id. at 587 . Besides failing to establish any deficiency, Philmore also failed to establish any prejudice. See id.

United States v. Alred

144 F.3d 1405 · Court of Appeals for the Eleventh Circuit · Jun 30, 1998

Because Sconiers had refused to cooperate with the government investigation of the extensive marijuana distribution operation in Holmes County until he was subpoenaed by the grand jury and received immunity, obtaining his … The government has the burden of establishing the appropriateness of the enhancement by a preponderance of the evidence. Id. at 500-01.

Little v. City of North Miami

805 F.2d 962 · Court of Appeals for the Eleventh Circuit · Dec 9, 1986

Local governing bodies and local officials in their official capacities can be sued under Section 1983 when a party can establish that he or she has suffered a constitutional deprivation as a result of either "a policy statement … The resolution in question, censuring appellant for "improper use of public funds," unquestionably resembles a bill of attainder in several respects. 10 First, R83-65 clearly identifies an individual.

Reproductive Health Services v. Daryl D. Bailey

Court of Appeals for the Eleventh Circuit · Jun 30, 2021

So, much like Summit, the criminal-enforcement link here establishes the necessary connection between the defendants and the challenged provisions. … Ct. at 2311–14, 2316–18, 2320 (focusing on the number of abortion facilities which closed or did not qualify due to the challenged regulations).

Kendra Munoz v. Selig Enterprises, Inc.

981 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Dec 4, 2020

Munoz received no assurances that she could continue to exercise her right to FMLA-qualifying leave. … The memo indicated that the goal was to never be late, but that if Munoz was late more than 5 times in a month, “this would clearly be unacceptable.”

Times Publishing Co. v. United States Department of Commerce

236 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Jan 4, 2001

specifically exempted from disclosure by statute ..., provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes … Section 12(c) of the EAA clearly qualifies as an exemption statute for purposes of FOIA Exemption 3 and protects the specific information sought by Appellees. See Lessner v.

Crawford's Auto Center, Inc. v. State Farm Mutual Automobile Insurance Company

945 F.3d 1150 · Court of Appeals for the Eleventh Circuit · Dec 20, 2019

A pattern of racketeering activity under RICO requires at least two qualifying predicate acts, 9  Case: 17-12583 Date Filed: 12/20/2019 Page: 10 of 22 each … Neither was the District Court’s decision to exclude Exhibits E1–E7 clearly erroneous or contrary to law.

Capital Asset Research Corporation v. Roger Finnegan

160 F.3d 683 · Court of Appeals for the Eleventh Circuit · Nov 13, 1998

Even if all of the information is publicly available, a unique compilation of that information, which adds value to the information, also may qualify as a trade secret. … It is true that the testimony at trial established that the public records do not indicate the dates on which the owners made payments.

United States v. Williams

340 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Aug 5, 2003

. § 1951(a) (establishing penalties for “[w]hoever . . . attempts . . . … to the district court’s first-hand experience trying the case, and (2) whether the issue primarily involves a legal interpretation of a guideline (suggesting de novo review), or instead involves the application of a clearly-established

United States v. Sharon Keegan

Court of Appeals for the Eleventh Circuit · Dec 17, 2025

The district court did not clearly err in finding that there was no diagnostic purpose underlying Keegan’s statements to Reynolds, and thus did not abuse its discretion in excluding them as inadmissible … Here, the district court did not clearly err in finding that Keegan’s statements of abuse to her expert witness were not made for medical diagnosis or treatment.

In re: Robert Bentley

Court of Appeals for the Eleventh Circuit · Oct 14, 2015

Bush, 323 F.3d 937, 950 (11th Cir. 2003) (holding that Florida’s governor was protected by legislative immunity when signing a bill into law); Baraka v. … The privilege at issue in that case was a vaguely asserted “qualified executive or governmental privilege,” not a legislative privilege. See O’Neill, 619 F.2d at 228.

In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, Trustee

785 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Apr 8, 1986

The parties’ agreement provided that purchases were net ten days, but Marathon established that it considered as timely any payment made within sixteen days of invoice. … Despite appellee's contentions to the contrary, this court's review is directed to whether the bankruptcy court’s findings of fact were clearly erroneous.

Cambridge University Press v. J.L. Albert

Court of Appeals for the Eleventh Circuit · Oct 17, 2014

2009 Policy violates any federal law, and because Defendants’ generalized responsibility for GSU policy is not sufficient to establish the necessary connection to GSU professors’ infringing actions, Defendants are immune … Congress established that doctrine to ensure that works created with new technologies, perhaps not in existence at the time of the Copyright Act of 1976, would qualify for copyright protection. See id.

United States v. James Mathurin

Court of Appeals for the Eleventh Circuit · Aug 15, 2012

Bowers, 834 F.2d 607, 610 (6th Cir. 1997) (explaining in dicta that “the plea bargaining process can qualify as one of many ‘other proceedings’”).6 However, unlike the Circuits addressing this question in these cases, … For those cases, it established a specific procedure by which a court would have to approve the delay based on on-the-record “findings that the ends of justice served by taking such [a delay] outweigh the best interest

Joe Taylor v. City of Gadsden

Court of Appeals for the Eleventh Circuit · Sep 16, 2014

Established in 1945, the ERS is a statewide pension program designed “to provide retirement and other benefits to state employees, state police, and on an elective basis to qualified persons of cities, towns, and quasi-public … To begin, nothing in the text of Alabama Code § 36-27 suggests that the employee contribution rate is immune from change, even after an employee’s retirement benefits have vested.

UNITED STATES of America, Plaintiff-Appellee, v. Abel ZAPATA, Luis Ocampo, Defendants-Appellants

139 F.3d 1355 · Court of Appeals for the Eleventh Circuit · Apr 28, 1998

A defendant who enters a not guilty plea makes intent a material issue which imposes a substantial burden on the government to prove intent, which it may prove by qualifying Rule 404(b) evidence absent affirmative steps by … However, we conclude that the district court clearly erred in “rounding-up” Ocampo’s drug-quantity conversion, and committed plain error when it “rounded-up” Zapata’s drug-quantity conversion.

United States v. Cruz

106 F.3d 1553 · Court of Appeals for the Eleventh Circuit · Mar 6, 1997

§ 5C1.2,2 and a base level offense 1 Section 2D1.1(b)(4) grants certain defendants who qualify for the safety valve a two-point offense level reduction. 2 Section 5C1.2 provides … Pompey, 17 F.3d 351, 353 (11th Cir.1994).7 In order to be eligible for the safety valve, a defendant must satisfy the five criteria established in § 5C1.2.

United States v. Schlei

122 F.3d 944 · Court of Appeals for the Eleventh Circuit · Sep 18, 1997

Clearly, a representation of genuineness is material to a prospective purchaser of an alleged negotiable instrument. … prosecutor threatened to void the grant of immunity if Han did so.

Amanda Kondrat'yev v. City of Pensacola, Florida

Court of Appeals for the Eleventh Circuit · Feb 19, 2020

When an intervening Supreme Court decision is “clearly on point” and “clearly inconsistent” with preexisting Eleventh Circuit precedent, Garrett v. Univ. … on point” and “clearly inconsistent” with Rabun.

Louis Schwartz v. Florida Board of Regents George C. Bedell, Individually and in His Official Capacity as Interim Chancellor of the Fla. Board of Regents Barbara Newell, Individually and in Her Official Capacity as Chancellor of the Fla. Board of Regents Bernard M. Sliger, Individually and in His Official Capacity as Pres. Of Fsu Caesar Naples, Individually and in His Official Capacity as Chief Labor Negotiator for the Fla. Board of Regents and James L. Gant, Individually and in His Official Capacity as Dean of the Fsu College of Education, Louis Schwartz v. Florida Board of Regents George C. Bedell, Individually and in His Official Capacity as Interim Chancellor of the Florida Board of Regents Barbara Newell, Individually and in Her Official Capacity as Chancellor of the Florida Board of Regents Bernard M. Sliger, Individually and in His Official Capacity as President of Fsu Caesar Naples, Individually and in His Official Capacity as Chief Labor Negotiator for the Florida Board of Regents and James L. Gant, Individually and in His Official Capacity as Dean of the Fsu College of Education

954 F.2d 620 · Court of Appeals for the Eleventh Circuit · Jul 25, 1991

Schwartz also asserts that the court's finding that the defendants established non-discriminatory reasons for the pay disparity is clearly erroneous. … clearly erroneous.