Case law

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

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).

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).

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.

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

Bankshot Billiards, Inc. v. City of Ocala

Court of Appeals for the Eleventh Circuit · Mar 11, 2011

shall not cause the establishment to fail to qualify for the exemption. 8 Id. § 6-9(d)(1) (emphasis added).4 Notwithstanding the Limitation’s implication that part-time … All portions of an establishment that claim to be exempt must qualify for the same exemption on the same business day.

Yaner Li v. U.S. Attorney General

488 F.3d 1371 · Court of Appeals for the Eleventh Circuit · Jun 18, 2007

To qualify for asylum or withholding of removal, an applicant must establish that she has a well-founded fear that she will be persecuted if removed to her home country on account of race, religion, nationality, membership … Li’s evidence of a recent campaign of forced sterilization in her home village, evidence consistent with the conclusion of recent government reports, clearly satisfied the criteria for a motion to reopen her removal proceedings

Bonapfel v. Nalley Motor Trucks

991 F.2d 682 · Court of Appeals for the Eleventh Circuit · May 20, 1993

The Trustee insists that in order for a claim to qualify as an “actual, necessary cost and expense of preserving the estate” under 11 U.S.C. § 503 (b), the creditor must establish that there has been an actual, concrete benefit … These challenges to the evidentiary basis of the Bankruptcy Court’s ruling must be reviewed on a clearly erroneous standard.

Eaton v. Dorchester Development, Inc.

692 F.2d 727 · Court of Appeals for the Eleventh Circuit · Nov 29, 1982

Rather, it is appropriate to speak in terms of a qualified “right” to jurisdictional discovery when a court’s jurisdiction is genuinely in dispute. … The complaint here clearly alleges jurisdiction based upon the Interstate Land Sales Full Disclosure Act.

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.

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.

Gary Lawrence v. State of Florida

421 F.3d 1221 · Court of Appeals for the Eleventh Circuit · Aug 26, 2005

However, we will reverse the district court’s factual determinations only if they are clearly erroneous. Drew, 297 F.3d at 1283. … The district court should not have issued a COA on the statute of limitations issue because binding circuit precedent clearly disposed of the issue.

Daniels v. Twin Oaks Nursing Home

692 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Dec 6, 1982

First, the conduct complained of must have deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or laws of the United States.' … Dodson, supra, and other cases, the facts of the present case clearly indicate that there is no state action.

Rodney Lee Lyon v. Sheriff of Lake County, Florida

Court of Appeals for the Eleventh Circuit · Jan 12, 2023

The district court also noted that even if Lyon had been seized, Rutzebeck would be enti- tled to qualified immunity as there was arguable probable cause to refer Lyon for prosecution. … We need not reach the issue of whether Deputy Rutzebeck was entitled to qualified immunity because Lyon was never seized.

Engineering Contractors Ass'n v. Metropolitan Dade County

122 F.3d 895 · Court of Appeals for the Eleventh Circuit · Sep 2, 1997

Specifically, the programs establish preferences for construction enterprises owned and controlled by blacks, Hispanics, or women. … As we explained in Ensley Branch, "[c]ertain aspects of this inquiry are well established." 31 F.3d at 1565.

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.

Toole v. McClintock

999 F.2d 1430 · Court of Appeals for the Eleventh Circuit · Sep 2, 1993

We conclude that it was an abuse of discretion to admit the FDA report in this case because the report was irrelevant and failed to qualify for admission under Rule 803(8)(C). … We note that the district court, in granting Baxter's post-trial motion for remittitur, said that "[T]he only evidence that Brenda Toole is at increased risk for cancer and immune system diseases is the testimony of Dr.

Lilburn J. Nunnelee, II v. David Morgan

550 F. App'x 716 · Court of Appeals for the Eleventh Circuit · Dec 17, 2013

immunity is an issue of fact, but that argument is irrelevant because the district court did not dismiss Nunnelee’s retaliation claim on the basis of qualified immunity. … This link can be established when a history of abuse puts the supervisor on notice of deprivations and the supervisor fails to correct them, when improper custom or policy breed indifference to constitutional rights, or

McKee v. Sullivan

903 F.2d 1436 · Court of Appeals for the Eleventh Circuit · Jun 22, 1990

(CCH) ¶ 15,850 (S.D.Fla.1984) (probate court record of death is clearly “other convincing evidence” under 20 C.F.R. § 404.720 (c)); Hizer v. Harris, Unempl.Ins.Rep. … (evidence of death in fact required by 404.720(c) and probate court order does not qualify); Miller v.

Yifan Shen v. Commissioner, Florida Department of Agriculture and Consumer Services

Court of Appeals for the Eleventh Circuit · Nov 4, 2025

That finding was not clearly erroneous. … that must exist before a site qualifies.