Case law

United States v. Dallas County Commission

739 F.2d 1529 · Court of Appeals for the Eleventh Circuit · Oct 22, 1984

This finding is not clearly erroneous. … This finding is not clearly erroneous.

United States v. Fausto Aguero Alvarado

808 F.3d 474 · Court of Appeals for the Eleventh Circuit · Dec 11, 2015

Because Defendant had presented no evidence of “any direct or implied affirmative representation sufficient to establish the defense[] of public authority,” and no evidence to establish the reasonableness of his alleged … As the only evidence supporting a claim of honest belief was Defendant’s testimony, the jury clearly did not buy his story. See United States v.

Timothy P. Murphy v. Susan Stacy

Court of Appeals for the Eleventh Circuit · Apr 20, 2020

A failure to state a claim includes a situation where an affirmative defense clearly precludes the claim. See Sibley v. Lando, 437 F.3d 1067, 1070 n.2 (11th Cir. 2005) (per curiam); see also LeFrere v. … , we need not reach Murphy’s arguments about qualified immunity or state sovereignty. 9  Case: 19-13553 Date Filed: 04/20/2020 Page: 10 of 12

Connors v. Ryan's Coal Co.

923 F.2d 1461 · Court of Appeals for the Eleventh Circuit · Feb 6, 1991

Simmons was her husband’s business partner under the clearly erroneous standard of review. … A review of federal and state law reveals that such evidence is clearly insufficient to establish the existence of a partnership between a husband and wife.

Albert E. Paschal v. Louie L. Wainwright, Etc.

738 F.2d 1173 · Court of Appeals for the Eleventh Circuit · Aug 13, 1984

The legislature intended to establish an “objective means for determining and establishing parole criteria ... designed to give primary weight to the seriousness of the offender’s present criminal offense and his past criminal … A common sense reading of the Florida Statutes shows clearly that the guidelines at issue in the instant case do not restrict the Florida Parole and Probation Commission’s discretion.

David Rutstein v. Avis Rent-A-Car Systems, Inc.

211 F.3d 1228 · Court of Appeals for the Eleventh Circuit · May 11, 2000

These issues are clearly predominant over the only issue arguably common to the class – whether Motel 6 has a practice or policy of racial discrimination. … All of these issues are clearly case-specific, and they will all have to be addressed in one way or another in order for each plaintiff to demonstrate a prima facie case of intentional discrimination.

George G. Blessitt and Willie Neal, Jr. v. Retirement Plan for Employees of Dixie Engine Co., Defendants

848 F.2d 1164 · Court of Appeals for the Eleventh Circuit · Jul 8, 1988

Blessitt was hired prior to the establishment of the plan and was continuously employed by Dixie Engine throughout the eleven year period in which the plan was in effect. … Thus, if all accrued benefits are encompassed by Category 5, Blessitt concludes that Category 6 necessarily must encompass the type of benefits contested here, which clearly are not accrued benefits.

Miccosukee Tribe of Indians v. Southern Everglades Restoration Alliance

304 F.3d 1076 · Court of Appeals for the Eleventh Circuit · Sep 4, 2002

Circuit has taken the position that in order to qualify as a group established to provide “advice or recommendations,” within the meaning of FACA, the entity also must have been created to provide advice or recommendations … 1217, 1228 (11th Cir. 2001)(“[C]ourts may reach results inconsistent with the plain meaning of a statute if giving the words of a statute their plain and ordinary meaning produces a result that is not just unwise but is clearly

Zhuang Ping Lin v. U.S. Attorney General

555 F.3d 1310 · Court of Appeals for the Eleventh Circuit · Dec 4, 2008

The IJ concluded alternatively that Lin’s application was due to be denied because the IJ believed Lin was “clearly forum-shopping” when he decided to flee to the United States, rather than apply for asylum in one of the … United States Att’y Gen., 494 F.3d 1311, 1317 (11th Cir. 2007) (per curiam).3 Other circuits similarly have held that unmarried partners like Lin do not qualify for protection under the forced abortion and sterilization

United States v. Julian Garcon

54 F.4th 1274 · Court of Appeals for the Eleventh Circuit · Dec 6, 2022

The sentencing guidelines clearly contemplate that a “prior sentence” is synonymous with and shorthand for a “prior offense.” … Yet, he still qualifies for safety-valve relief under the Majority’s interpretation.

In Re: Dennis Williams

826 F.3d 1351 · Court of Appeals for the Eleventh Circuit · Jun 24, 2016

26, 2015, the Supreme Court in Johnson held that the residual clause of the ACCA is unconstitutionally vague because it creates uncertainty about how to evaluate the risks posed by a crime and how much risk it takes to qualify … In doing so, we concluded that “logic and principles established in Matchett also govern . . . when the Guidelines were mandatory.” Id. at 7.

Christina Nicole Adams v. Laboratory Corporation of America

Court of Appeals for the Eleventh Circuit · Jul 29, 2014

She could hardly have been more qualified. Cf. … Clearly, the purpose of the guidelines is to raise the bar only on the plaintiffs’ side of the courtroom.

United States v. Ronnie J. Greer

440 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Feb 24, 2006

As the district court stated during the sentencing hearing, “if you review the indictment and the convictions, it clearly indicates that the previous acts were crimes of violence. That’s clearly indicated.” … Ct. 1254 (2005), “lends further support to the rule that the sentencing court, not a jury, must determine whether prior convictions qualify as violent felonies”).

Doe v. Chiles

Court of Appeals for the Eleventh Circuit · Feb 26, 1998

In so doing, 10 Clearly, the appellees have “identif[ied] with particularity the right[] they claim[].” Blessing, 117 S. … The Supreme Court has not limited its application of sovereign immunity to the suits described in the text of the Eleventh Amendment.

Cri-Leslie, LLC v. Commissioner of Internal Revenue

882 F.3d 1026 · Court of Appeals for the Eleventh Circuit · Feb 15, 2018

Tracing it back up the statutory chain leads inexorably to the conclusion that the hotel didn’t qualify for capital-gains treatment on CRI-Leslie’s 2008 return. … That is so for myriad well-established reasons that we needn’t belabor but that, in view of the parties’ contending arguments, we recap briefly.

Liao v. Tennessee Valley Authority

867 F.2d 1366 · Court of Appeals for the Eleventh Circuit · Mar 16, 1989

woman could be hired in preference to perhaps a marginally better qualified white male, violated the strictures of Title VII. … Bock was not as qualified as Liao, she argues, the district court also rejected the TVA's justification as pretextual.

Freeman v. Cavazos

939 F.2d 1527 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

The Rehabilitation Act was primarily a funding statute, but it also contained an antidiscrimination section that provided: 6 No otherwise qualified handicapped individual ... shall, solely by reason of his handicap, be excluded … The ALJ made the findings required by the statutes and regulations, and those findings were not clearly erroneous.

Gray v. Lockheed Aeronautical Systems Co.

125 F.3d 1371 · Court of Appeals for the Eleventh Circuit · Oct 24, 1997

According to Lockheed, the Supreme Court also has not clearly recognized a "general maritime right of survival." … The above-described defects clearly demonstrate that the servo did not conform to its specifications.

United States v. Eugene L. Cleckler

265 F. App'x 850 · Court of Appeals for the Eleventh Circuit · Feb 19, 2008

The district court’s factual findings concerning the trustworthiness of a business or public record are “reversible only if clearly erroneous.” United States v. … Through the testimony of Selfe, Morris, and Brown, and some of the fabricated documents in issue, the government clearly established that Cleckler directed the fabrication of documents reflecting fictitious third-party

United States v. Carl Bailey

691 F.2d 1009 · Court of Appeals for the Eleventh Circuit · Jan 10, 1983

A contrary rule would virtually immunize a defendant from prosecution for all crimes he might commit that have a sufficient causal connection to the police misconduct. … The Supreme Court has clearly directed that the attenuation analysis be informed by “considerations relating to the exclusionary rule and the constitutional principles which it is designed to protect.” United States v.