Case law

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.

Felicia Y. Daniels v. Jefferson County Sheriff's

350 F. App'x 380 · Court of Appeals for the Eleventh Circuit · Oct 26, 2009

In addition, the district court granted dismissal of all of Daniels’ claims for money damages under § 1981 and the FMLA on Eleventh Amendment immunity grounds. … Even assuming arguendo that Daniels made a prima facie showing that she was objectively qualified to perform the PSD II position, Daniels also failed to establish that her employer treated similarly situated employees outside

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.

Floyd D. Manning v. Steve Wilson

228 F. App'x 836 · Court of Appeals for the Eleventh Circuit · Feb 23, 2007

PER CURIAM: Ron Clark and Pamela Pangle appeal from an adverse summary judgment denying them qualified immunity from Floyd Manning’s claim under 42 U.S.C. … If proven at trial, these facts would compel the conclusion that Clark and Pangle, acting in a discretionary capacity, committed a “clearly established” constitutional violation, Crosby v.

John D. Chapman v. Ai Transport

229 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Oct 12, 2000

One method a plaintiff can use to establish a prima facie case for an ADEA violation is by showing that he (1) was a member of the protected age group, (2) was subjected to adverse employment action, (3) was qualified to … (internal citation omitted)). 19 *1031 Here, the proffered reason clearly meets the test of being one that might motivate a reasonable employer.

Albert Schaw v. Habitat for Humanity of Citrus County, Inc.

938 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Sep 18, 2019

Strawn then sent Schaw a “Letter of Intent” explaining the conditions he needed to meet in order to qualify. … The plaintiff sued, and the Ninth Circuit agreed that the request—that his financially qualified mother be allowed to rent the apartment on his behalf—was clearly an accommodation within the meaning of the Act: “Barnett

Gregory Jack Almond v. Kevin Walker

Court of Appeals for the Eleventh Circuit · Aug 31, 2023

immunity analysis. … In both cases, it is clearly established that an unreasonable, warrantless search of the home without exigent circumstances violates the Fourth Amendment. See Hartsfield, 50 F.3d at 954–55.

Everton Daye v. U.S. Attorney General

38 F.4th 1355 · Court of Appeals for the Eleventh Circuit · Jul 6, 2022

as a CIMT if the underlying substantive offense qualifies as a CIMT. … The fact that the federal government has not listed the same substance does not establish that the substance is per se “harmless.”

United States v. Daniel Ochoa

Court of Appeals for the Eleventh Circuit · Oct 25, 2019

The first witness, who was also the victim, Perez, testified that he was able to see his assailant’s face “very clearly.” … “For a factual finding to be clearly erroneous, we must be left with a definite and firm conviction that the court made a mistake.”

United States v. Valarezo-Orobio

635 F.3d 1261 · Court of Appeals for the Eleventh Circuit · Mar 23, 2011

This factual finding -- which need only be established by a preponderance of the evidence, United States v. Martinez, 584 F.3d 1022, 1027 (11th Cir. 2009) - - was not clearly erroneous. … The district court’s determination was not clearly erroneous. Accordingly, we affirm. AFFIRMED. 11

Greer's Refuse Services, Inc., and Donald E. Wilkes v. Browning-Ferris Industries of Delaware

782 F.2d 918 · Court of Appeals for the Eleventh Circuit · Feb 18, 1986

all of the following questions ... appear: (1) that, the state procedure, from want of notice or opportunity to be heard, was wanting in due process; (2) that there was such an infirmity of proof as to facts found to have established … of Florida thus has no business reconsidering the Southern District’s findings. *921 This circuit’s precedent clearly requires that “[fjederal courts must ‘determine for ourselves the right to continue to be a member of

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.

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.

Dean Fagerstrom v. City of Savannah, Georgia

627 F. App'x 803 · Court of Appeals for the Eleventh Circuit · Sep 24, 2015

Although the district court granted summary judgment because it determined that Lovett was entitled to qualified immunity, we may affirm its decision on any ground supported by the record. Parks v. … Plantation 2 Self-identification is an accepted method of establishing racial identity; in fact, it is the EEOC’s preferred method. See EEOC v. Kaplan Higher Educ.

Kevin Calderone v. Michael Scott

838 F.3d 1101 · Court of Appeals for the Eleventh Circuit · Sep 28, 2016

In a Rule 23(b)(3) class action, all qualifying class members become members unless they opt out of the action. … Instead, the District Court said LaChapelle establishes that overlapping FLSA and FMWA class actions are “mutually exclusive and irreconcilable.”

United States v. Trini Thomas, Jr.

32 F.4th 1073 · Court of Appeals for the Eleventh Circuit · Apr 25, 2022

“Where a defendant objects to the factual basis of his sen- tence,” the Government bears the burden of establishing the dis- puted fact. United States v. … Thus, we find that the District Court did not clearly err in finding Thomas maintained a residence for the primary purpose of distributing drugs. B.

American Ass'n of People with Disabilities ex rel. O'Connor v. Harris

647 F.3d 1093 · Court of Appeals for the Eleventh Circuit · Jul 27, 2011

“Auxiliary aids” include “[qualified interpreters ...; notetakers; ... [qualified readers; ... and ... [ojther similar services and actions.” 28 C.F.R. § 35.104 . … The City and the County are consolidated and are governed under the Charter of the Consolidated Government of the City of Jacksonville, which established a mayor-city council form of government.

United States v. Charles W. Walker, Sr.

490 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Jul 6, 2007

He clearly held a position of trust, granted to him by the Classic Board, which exercised no oversight over his activities. … The court thus clearly erred in imposing this enhancement when it separately found that there were no other participants in the scheme. See id.

Otto L. Fox v. Director, Office of Workers Compensation Programs, United States Department of Labor

889 F.2d 1037 · Court of Appeals for the Eleventh Circuit · Dec 6, 1989

Where the legislature has clearly established a boundary, that limit may not be judicially extended. … sound reason for excluding the loading of coal at a mine simply because it is to be hauled to a coke oven.” 32 However, the court further concluded that the employee’s other duties loading coal into a coke oven did not qualify

Kuhne v. Florida Department of Corrections

618 F. App'x 498 · Court of Appeals for the Eleventh Circuit · Jul 2, 2015

immunity as to all defendants. … The defendants can, of course, continue to pursue their qualified immunity claims at trial. 69 Fed. R. Civ. P. 16(b)(4). 70 See, e.g., Johnson v.