Case law

Internal Revenue Service v. Brickell Investment Corp. (In re Brickell Investment Corp.)

922 F.2d 696 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

The I.R.S. argued that (1) sovereign immunity barred a fee award, (2) the motion for costs and fees was untimely, (3) the debtors had failed to exhaust their administrative remedies as required by 26 U.S.C. § 7430 , (4) the … In re Davis held that the bankruptcy court did not have jurisdiction to award attorney’s fees under the Equal Access to Justice Act (“EAJA”) and that the trustee of a bankruptcy estate did not qualify as a “party” eligible

In Re Goerg

930 F.2d 1563 · Court of Appeals for the Eleventh Circuit · May 13, 1991

We reversed the district court, however, and held "that a debtor in a section 304 proceeding need not qualify as a 'debtor' under the Code's definition of that term [but must] only be properly subject, under applicable foreign … See Parklane, supra 9 Congress established the Federal Courts Study Committee in 1988. Federal Courts Study Act, Pub.L. No. 100-702, Sec. 102 , 102 Stat. 4644 (1988).

1944 Beach Boulevard, LLC v. Live Oak Banking Company

20 F.4th 746 · Court of Appeals for the Eleventh Circuit · Dec 10, 2021

The court found that the statute is unambigu- ous, has no “reasonableness” qualifier, and establishes a bright-line rule. Id. … [t]he search logic clearly leads to one result—a single page on which names appear.” Id.

Howard Michael Caplan v. All American Auto Collision, Inc.

36 F.4th 1083 · Court of Appeals for the Eleventh Circuit · Jun 6, 2022

“This Circuit has a well-established approach to resolving conflicts in our precedent. … The use of the word “and” in Norman man- dates that all three elements were necessary to establish that the district court abused its discretion.

United States v. Juan Jose Garcia

890 F.2d 355 · Court of Appeals for the Eleventh Circuit · Dec 11, 1989

Espinosa-Orlando clearly supports our finding of voluntariness in the instant case. … They did nothing more than once request Garcia’s unlimited consent after receiving his qualified consent and informing him of his alternatives.

United States v. Rutherford

175 F.3d 899 · Court of Appeals for the Eleventh Circuit · May 13, 1999

Freeman said that although Rutherford could walk, he did so with a clearly noticeable limp due to his recent accident. … The other offense clearly qualified under the guidelines. 7  The disputed conviction was for lewd assault, in violation of section 800.04, Florida Statutes

William Ronald Jefferies v. Louie L. Wainwright

794 F.2d 1516 · Court of Appeals for the Eleventh Circuit · Jul 25, 1986

Appellant contends that the record will not support the existence of these alternatives *1511 and they are all clearly erroneous as findings of fact. We disagree. … Appellant’s trial counsel, Richard Payne, could have consulted with prior counsel Henry Coleman to establish Gallagher’s claim of coercion.

United States v. Knight

562 F.3d 1314 · Court of Appeals for the Eleventh Circuit · Mar 25, 2009

United States and a short portion of the delay was attributable to the efforts of the federal prosecutors to determine whether Knight qualified as an armed career criminal. … Knight cannot establish that his retention in federal custody violated his right to due process.

United States v. Hilarion Alfonso Marin-Navarette

244 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Mar 23, 2001

Marin-Navarette also posits that when Congress amended section 1101(a)(43), it did not make clear its intent to change the long-established rule that only crimes with penalties over one year are felonies. … Thus, Congress clearly intended to include these heinous acts as aggravated felonies.

Proudfoot Consulting Co. v. Gordon

576 F.3d 1223 · Court of Appeals for the Eleventh Circuit · Jul 30, 2009

that Bombardier qualified as a "client" under the Agreement. 36 Proudfoot conducted a business review for Bombardier starting in mid-June 2006. … That circumstance is clearly dissimilar.

Cohen v. United States

151 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 26, 1998

The FTCA waiver of immunity is subject to several exceptions. … We conclude that the district court clearly erred in reaching that conclusion.

Darryl Brian Barwick v. Secretary, Florida Department of COrrections

794 F.3d 1239 · Court of Appeals for the Eleventh Circuit · Jul 21, 2015

established federal law. … Because the Florida Supreme Court’s rejection of this claim was not contrary to or an unreasonable application of clearly established federal law, Mr.

Jesse E. Brannen, III, P.C. v. United States

682 F.3d 1316 · Court of Appeals for the Eleventh Circuit · Jun 7, 2012

. § 9701, agencies are permitted to promulgate regulations that establish a charge for a service or thing of value that the agency provides. … And we readily conclude that the benefit – the privilege of preparing tax returns for others for compensation – is the kind of “special benefit” that qualifies under New England Power.

Orion Marine Construction, Inc. v. Mark Dawson

918 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Mar 20, 2019

Establishing the required clear statement, we explained, is a tall task—a party must “demonstrat[e] that ‘traditional tools of statutory construction . . . … Second, what forms and methods of notice qualify as “written notice” within the meaning of the Act?

McMaster v. United States

177 F.3d 936 · Court of Appeals for the Eleventh Circuit · May 28, 1999

"It is well established that the question of subject matter jurisdiction may be raised at any stage in the proceedings by any party or by the court on its own motion." Majd-Pour v. … In response to a factual attack, a court should dismiss the complaint for lack of subject matter jurisdiction "'where the federal claim is clearly immaterial or insubstantial.'" Id. (citation omitted).

Goldsmith v. City of Atmore

996 F.2d 1155 · Court of Appeals for the Eleventh Circuit · Aug 4, 1993

The City argues that Goldsmith failed to establish causation because she did not prove that Mayor Shell even knew of her conversation with Councilman Harris at the time of her transfer. 11 In order to establish the requisite … Mayor Shell also contends that the district court erred in (1) rejecting his statute of limitations defense, (2) refusing to address his claim of qualified immunity, (3) granting Goldsmith’s motion to make an untimely jury

Cornelius v. Town Of Highland Lake

880 F.2d 348 · Court of Appeals for the Eleventh Circuit · Sep 19, 1989

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … Id 13 We recognize that the defendants in this case raised the issue of qualified good faith immunity in this court.

Times Publishing Co. v. 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.

United States v. Joseph W. Killingsworth

719 F.2d 1130 · Court of Appeals for the Eleventh Circuit · Nov 17, 1983

We find the evidence clearly sufficient to sustain the conviction. … Killingsworth did not object to this testimony at trial, and it is clearly admissible under Rule 404.

United States v. Leonardo Mendoza-Cecelia, Terry Lee Greenberg, Hector Favio Marin-Hernandez

963 F.2d 1467 · Court of Appeals for the Eleventh Circuit · Jun 24, 1992

Having indicated a “possible desire” for an attorney, see id., Greenberg made a qualifying equivocal indication. … Note 2 also states that qualifying predicate offenses include attempted crimes of violence. See U.S.S.G. § 4B1.1, Application Note 2.