Case law

United States v. Gerald Kaiser

893 F.2d 1300 · Court of Appeals for the Eleventh Circuit · Mar 15, 1990

If, however, the statute does not clearly authorize cumulative punishment, then the court must apply the test set out in Blockburger v. … However, the Court qualified that statement by adding that if the government did in fact rely on and prove the lesser included offense as the act necessary to prove the greater offense, the defendant would have a substantial

Frederick Brown v. George Smith

187 F. App'x 947 · Court of Appeals for the Eleventh Circuit · Jun 30, 2006

right; (3) if so, we must inquire whether the asserted right was clearly established at the time of the alleged violation.” … Ed. 2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”). We disagree.

47 Fair empl.prac.cas. 952, 47 Empl. Prac. Dec. P 38,244 Carolyn M. Jordan, Individually and on Behalf of All Persons Similarly Situated, Sandra M. Pierce, Individually and on Behalf of All Persons Similarly Situated, Plaintiff-Intervenor v. John Wilson, Emory Folmar, and the City of Montgomery, Alabama, Charles Swindall, Etc.

851 F.2d 1290 · Court of Appeals for the Eleventh Circuit · Aug 8, 1988

He replied, "No, I don't think she's qualified to be a captain ... the only person who thinks she's qualified to be a captain is Judge Thompson, and he has no responsibility for her actions." … As discussed earlier, Pierce failed to demonstrate clearly that these statements constituted retaliation.

Gaston v. Bellingrath Gardens

167 F.3d 1361 · Court of Appeals for the Eleventh Circuit · Feb 12, 1999

The district court granted Bellingrath Gardens summary judgment on the 3 grounds that Gaston could not establish that she was a “qualified individual with a disability” under the … that she is a “qualified individual with a disability” under the ADA.

Alabama By-Products Corporation v. Charles B. Killingsworth, and Director, Office of Workers' Compensation Programs, United States Department of Labor

733 F.2d 1511 · Court of Appeals for the Eleventh Circuit · Jun 8, 1984

Under section 727.-203(b), the employer is required to “establish” the elements of rebuttal. “Establish” is clearly synonymous with “prove.” … As to the viability of x-rays, Congress heard evidence that a positive x-ray finding by a qualified reader indicates the presence of pneumoconiosis, S.Rep.

United States v. Diaz

190 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 30, 1999

The trial evidence established that Diaz gave East-erling United States currency to buy a truck. … Diaz failed to produce any evidence tending to show that such a connection was clearly improbable. The district court did not clearly err by imposing the enhancement. C.

United States v. Rivera

613 F.3d 1046 · Court of Appeals for the Eleventh Circuit · Aug 2, 2010

Keating, 598 F.3d at 761 (holding that we lacked jurisdiction to 9 review a challenge by defendants to an adverse finding of fact that established a violation of the Fourth … Amendment because the district court concluded that the defendants were entitled to qualified immunity).

United Mine Workers of America of Combined Benefit Fund v. Andre M. Toffel

Court of Appeals for the Eleventh Circuit · Dec 27, 2018

We review the bankruptcy court’s factual findings under the clearly erroneous standard. Id. IV. … qualifies as a tax under the Anti-Injunction Act.

University of Puerto Rico Retirement System v. Ocwen Financial Corporation

934 F.3d 1307 · Court of Appeals for the Eleventh Circuit · Aug 15, 2019

Before we consider whether any of Ocwen’s statements qualify, we need to pause to address a threshold issue. … forward-looking and, as we have already deemed the accompanying cautionary language adequate, qualifies for the safe harbor.

Nelda A. PARKER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

793 F.2d 1177 · Court of Appeals for the Eleventh Circuit · Jul 9, 1986

In Flynn , we specifically held that hypertension with only minimal end organ damage may qualify as a severe impairment under this test. 768 F.2d at 1275 . … In the instant case, the Appeals Council’s finding that there is no medical impairment that could reasonably be expected to produce symptoms of the severity alleged clearly implies that the Appeals Council did not find her

Robert Lewis Robinson, Jr. v. City of Fairfield

750 F.2d 1507 · Court of Appeals for the Eleventh Circuit · Jan 21, 1985

The plaintiff had attained a higher degree of education, had experience driving trucks while in the armed services, and thus was at least as qualified for the truck driver position as was the white employee. … The city attempts to bolster this argument by describing the positions of laborer and truck driver as unrelated in terms of established lines of promotion. We decline to accept this argument.

United States v. One Single Family Residence Located at 15603

933 F.2d 976 · Court of Appeals for the Eleventh Circuit · Jun 18, 1991

DISCUSSION 10 In addressing this issue of first impression, we apply a clearly erroneous standard to the district court's factual findings and subject the legal decisions to plenary review. United States v. … From the evidence, it is uncontested that a substantial connection existed between the property and Curtis's illegal activities. 13 Once probable cause is established, the burden shifts to the claimant to establish by a preponderance

Margaree ALLEN, Plaintiff-Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

880 F.2d 1200 · Court of Appeals for the Eleventh Circuit · Jun 23, 1989

“It is only when the claimant can clearly do unlimited types of light work, ... that it is unnecessary to call a vocational expert to establish whether the claimant can perform work which exists in the national economy.” … Services, 666 F.2d 662 , 666 n. 8 (1st Cir.1981) (“Even a ‘mild’ mental impairment may ‘prevent [a] claimant from engaging in the full range of jobs contemplated by the exertional category for which the claimant otherwise qualifies

Gay Lesbian Bisexual Alliance v. Pryor

110 F.3d 1543 · Court of Appeals for the Eleventh Circuit · Apr 29, 1997

The speech at issue clearly implicates the First Amendment. … UVA allowed certain qualified student organizations to submit bills from outside contractors to the Student Activities Fund ("SAF").

Raymond A. Lanfear v. Home Depot, Inc

Court of Appeals for the Eleventh Circuit · May 8, 2012

Common Stock Fund,” qualifies as the “Company Stock Fund” under the Plan, and it is the fund at issue in this case. … On the other hand, ESOP plans are “designed to invest primarily in qualifying employer securities” in order to give employees an ownership stake in the company. 29 U.S.C. § 1107(d)(6)(A).

Greg Tolar v. Bradley Arant Boult Commings, LLC

997 F.3d 1280 · Court of Appeals for the Eleventh Circuit · May 17, 2021

Instead, we will assume without deciding that the district court correctly concluded that Plaintiffs so qualified. … In short, Greg’s effort to use his daughter’s Title VII claim against the Bank to gain immunity from his obligation to repay a legitimate debt 31  USCA11 Case: 19-11546

Marie McDaniel v. Otis R. Bowen , Secretary of Health and Human Services

800 F.2d 1026 · Court of Appeals for the Eleventh Circuit · Sep 9, 1986

Clearly, the steps of the sequential analysis cannot be compressed into a general inquiry by individual administrative law judges employing a variety of methods. … In such cases, the claimant’s burden is to establish that she has no former occupation. See, 20 C.F.R. § 416.965 ; SSR 82-63 (CE 1982).

United States v. Ezequiel Orihuela

320 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Feb 10, 2003

The distribution of cocaine is clearly a § 4B1.2(2) offense, and using the telephone system in facilitating the distribution of narcotics is equivalent to aiding and abetting that distribution. … Phillips, 664 F.2d 971, 1032 (5th Cir.1981), we said: "In order to establish the facilitation element [under 21 USC § 843 (b)] the Government must show that the telephone call comes within the common meaning of facilitate

Bobby Baker v. Ascend Performance Materials Operations LLC

Court of Appeals for the Eleventh Circuit · Nov 20, 2024

defense of tort immun- ity.” … * * * Because Ascend’s positions in the workers’ compensation forum were not clearly irreconcilable with its exclusivity immunity USCA11 Case: 24-10839

Old West Annuity and Life Ins. Co. v. Apollo Group

605 F.3d 856 · Court of Appeals for the Eleventh Circuit · May 4, 2010

The bankruptcy court granted the Government relief from the stay to establish and enforce tax liens against the Campground. … Singletary, 62 F.3d 1295, 1298 n.2 (11th Cir. 1995) (“Issues not clearly raised in the briefs are considered abandoned.”).