Case law

City of Carrollton Branch of the National Ass'n for the Advancement of Colored People v. Stallings

829 F.2d 1547 · Court of Appeals for the Eleventh Circuit · Oct 19, 1987

At the outset, it is clear that contrary to the district court’s conclusion, the plaintiffs established their case of racially polarized voting, by a preponderance of the evidence, through the clearly acceptable means of … The reliance on other elections here is clearly misplaced.

Michael Perez v. Miami-Dade County

297 F.3d 1255 · Court of Appeals for the Eleventh Circuit · Jul 17, 2002

The district court, however, found otherwise, pointing to the certificate of service attached to the request, which is “clearly dated October 3, 1997.” … have still had to be held, thus negating any argument Perez might have had in establishing prejudice. 28 That is, when a party uses the rule to establish uncontested facts

R.F.J. v. Bruce Perry

Court of Appeals for the Eleventh Circuit · Aug 7, 2018

Perry and Brady again separately moved to dismiss, contending that qualified immunity shielded them from Plaintiffs’ suit. … Instead, qualified immunity is a right to be free from litigation altogether once the defense is established. See Howe v.

Denzil Earl McKathan v. United States

969 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Aug 12, 2020

And at the time the district court remarked on the inevitable-discovery doctrine, it had just ruled on a clearly unmeritorious Fourth Amendment suppression motion (and the Fifth Amendment argument had not been made at that … The district court denied the claim, concluding that he failed to establish prejudice. This appeal followed.

Meek v. Metropolitan Dade County

985 F.2d 1471 · Court of Appeals for the Eleventh Circuit · Feb 26, 1993

Expert Analyses Based on Flawed Data The intervenors contend that the district court clearly erred in determining that the hispanic voters established a vote dilution claim. … Under Florida law, these citizen Hispanics are qualified to become voters.

Myra Furcron v. Mail Centers Plus, LLC

843 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Dec 16, 2016

The “burden of establishing a prima facie case . . . is not onerous.” Burdine, 450 U.S. at 253. … This does not appear to the Court to qualify as evidence of “evolving rationales” on the part of MCP.

Meek v. Metropolitan Dade County

985 F.2d 1471 · Court of Appeals for the Eleventh Circuit · Feb 26, 1993

Expert Analyses Based on Flawed Data 49 The intervenors contend that the district court clearly erred in determining that the hispanic voters established a vote dilution claim. … Under Florida law, these citizen Hispanics are qualified to become voters.

T. J. Fountain, Jr., Individually and Doing Business as Fountain Oil Company v. Metropolitan Atlanta Rapid Transit Authority

678 F.2d 1038 · Court of Appeals for the Eleventh Circuit · Jun 18, 1982

Most of them are clearly distinguishable from this case. 10 Only one case cited by the district court directly supports its decision. In Jacobson v. … The issue in Nasralah , good faith immunity for government officers, has no relevance here since individual officers of MARTA have not been sued.

Safeway Stores, Incorporated, Cross-Appellee v. Safeway Discount Drugs, Inc., Cross-Appellant

675 F.2d 1160 · Court of Appeals for the Eleventh Circuit · May 10, 1982

It has, however, l>een qualified to do business in Florida since 1947, has been purchasing Florida farm and grove products in state since that year, and presently has two purchasing offices in state that buy $50 million in … Safeway Stores therefore has established prior use of the trade name Safeway. 14 III.

Darius Ishun Green v. Warden Brad Hooks

Court of Appeals for the Eleventh Circuit · Jan 6, 2020

from suit because they are entitled to qualified immunity. … These requirements are particularly pertinent in a qualified immunity appeal where the plaintiff is required to “carefully set out the facts which, if proven, would constitute violations of clearly established law on the

Keith D. Bailey v. Usx Corporation

850 F.2d 1506 · Court of Appeals for the Eleventh Circuit · Aug 2, 1988

Although lack of standing would not justify a decision against Bailey, the district uourt was not clearly erroneous in finding against him on the merits, so we affirm the judgment for USX. … In February 1985, Bailey was placed on the Jefferson County Alabama Civil Service list as a qualified computer programmer.

Arthur Lee Jones v. Fred Smith, Commissioner, Alabama Department of Corrections and Willie Johnson, Warden, Holman Unit

772 F.2d 668 · Court of Appeals for the Eleventh Circuit · Sep 11, 1985

Nor did the failure of Jones’ attorneys to offer in evidence the opinion of a qualified expert as to the unreliability of eyewitness testimony constitute ineffective assistance of counsel. … The district court expressly found that the police had not told Banks the murderer would be in the line-up, and the record clearly supports this finding.

Payne v. Block

714 F.2d 1510 · Court of Appeals for the Eleventh Circuit · Sep 19, 1983

Originally, the Emergency Credit Revolving Fund was established for carrying out the purposes of the Consolidated Farm and Rural Development Act. 7 U.S.C. sec. 1966 (1973). … In his brief in support of motion to intervene, Collins asserts that he is entitled to intervene as a matter of right and that he qualifies for permissive intervention. Record Vol. 4 at 130.

Odebrecht Construction, Inc. v. Secretary, Florida Department of Transportation

715 F.3d 1268 · Court of Appeals for the Eleventh Circuit · May 6, 2013

Indeed, in June 2012, FDOT certified Odebrecht as qualified to bid on a number of potential FDOT contracts, with a maximum capacity of $1.8 billion. … The Trading with the Enemy Act establishes the penalties for violating any of the federal Cuban sanctions.

Anderson v. George H. Lanier Memorial Hospital

982 F.2d 1513 · Court of Appeals for the Eleventh Circuit · Feb 12, 1993

Under the FDA’s regulatory scheme, Surgidev was the “sponsor” of the IOL program and Lanier Hospital was the institutional site of study. 2 As the institutional site of study, FDA regulations required Lanier Hospital to establish … The district court also granted the Board’s motion to dismiss Lanier Hospital’s third-party complaint on the basis of sovereign immunity.

Athens Lumber Co. v. Federal Election Commission

689 F.2d 1006 · Court of Appeals for the Eleventh Circuit · Oct 22, 1982

Bondurant, on the other hand, is an individual voter, and as such is qualified to invoke expedited review under section 437h. … Clearly, Bondurant alleges standing in his capacity as a voter, asserting that he is denied access to all points of view in federal elections because of section 441b(a)’s prohibition on direct expenditures and contributions

Alvord v. Wainwright

725 F.2d 1282 · Court of Appeals for the Eleventh Circuit · Feb 10, 1984

Meyers and the trial judge clearly accepted these statements by the prosecutor as true. … Robey’s knowledge of Alvord’s history and illness placed him in a uniquely qualified position to perform the needed examination.

Barbara J. HENSON, Plaintiff-Appellant, v. CITY OF DUNDEE, Defendant-Appellee

682 F.2d 897 · Court of Appeals for the Eleventh Circuit · Aug 9, 1982

In order to establish a violation of Title VII on grounds of sexual harassment of this kind, an employee must prove a number of elements, many of which are similar to the proof required to establish the existence of a hostile … Both of these specific factual findings are clearly erroneous. There is no evidence whatever in the record indicating that Sell-gren did not proposition Dicks.

Henry v. Secretary, Department of Corrections

490 F.3d 835 · Court of Appeals for the Eleventh Circuit · Jun 27, 2007

§ 2254, federal habeas may be granted for a claim adjudicated on the merits in state court if the state court adjudication “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … Instead, he chose a different strategy to establish mitigating factors.

Inlet Condominium Association, Inc. v. Childress Duffy, LTD, Inc.

615 F. App'x 533 · Court of Appeals for the Eleventh Circuit · Jun 19, 2015

Jain was not a qualified elevator expert and partly because Dr. Jain examined the damage after the initial repairs had already been made and the elevators were operative. The trial court granted Citizens’ motion. … Inlet first contends that the lack of an established method to try a first-party hurricane case does not constitute an unsettled area of law.