Case law

United States v. Glen Sterling Carpenter

803 F.3d 1224 · Court of Appeals for the Eleventh Circuit · Oct 7, 2015

Even if we were to assume that the district court committed some error in imposing these conditions, no binding authority established that the error was plain. … In other words, Carpenter must show that some controlling authority clearly established that the court erred in imposing the challenged conditions. He cannot.

United States v. Lindon Amede

977 F.3d 1086 · Court of Appeals for the Eleventh Circuit · Oct 8, 2020

Findings of fact will be overturned only if they are clearly erroneous. United States v. … In any event, Amede failed to establish prejudice. United States v.

Calderon v. Aerovias Nacionales Colombia

929 F.2d 599 · Court of Appeals for the Eleventh Circuit · Apr 19, 1991

This statute prohibits all review of remand orders, even if the district court's decision to remand was clearly erroneous. See Gravitt v. … The Court held that "only remand orders issued under Sec. 1447(c) and invoking the grounds specified therein--that removal was improvident and without jurisdiction--are immune from review under Sec. 1447(d)." 423 U.S. at

Henry J. Lafavors v. Ken Jenne

Court of Appeals for the Eleventh Circuit · Feb 2, 2006

We agree with the district court that, even if a constitutional violation did occur, Olarte is entitled to qualified immunity. Olarte was clearly acting within his discretionary authority when he arrested Lafavors. … Therefore, although we find that Olarte committed no constitutional violation, even if he did, he would have qualified immunity.

Edward Raymond v. Hillsborough County, Florida

Court of Appeals for the Eleventh Circuit · Aug 20, 2025

Casey, 75 F.4th 1176, 1180 (11th Cir. 2023) (affirming that the “test in Wesby should be applied to answer whether probable cause exists for an arrest or qualified immunity prevents liability for a … immunity”).

Brenda Cash v. Sylvia Smith

231 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Nov 1, 2000

In order to establish a prima facie case of discrimination under the ADA, Cash must demonstrate that she (1) is disabled, (2) is a qualified individual, and (3) was subjected to unlawful discrimination because of her disability … of this case, however, it is clear that the terms can be used interchangeably, and so we will use the term “disability” in describing the standards under both statutes. 7 clearly

United States v. Maria Haydee Luzula

Court of Appeals for the Eleventh Circuit · Oct 25, 2021

So Luzula had to establish that her situation was “compelling and extraordinary” to obtain a sen- tence reduction. … Luzula argued that she risked contracting COVID-19 in prison based on her body mass index of 30, her chronic asthma, and “immune-compromised conditions” caused by her asthma medication.

United States v. James L. Williams

837 F.2d 1009 · Court of Appeals for the Eleventh Circuit · Feb 17, 1988

Hurme testified about the investigation into Williams’ financial affairs undertaken to establish a case against Williams. … In Bourjaily , the Court clearly used the word "before” in a conceptual, not a chronological sense.

Florence Nightingale Nursing Service, Inc. v. Blue Cross/Blue Shield of Alabama

41 F.3d 1476 · Court of Appeals for the Eleventh Circuit · Jan 9, 1995

It was clearly within the district court’s discretion to use § 27-l-17(b) as an analogy to fill a gap in ERISA law. … The district court found that Blue Cross had not acted in bad faith because it clearly had an arguable basis for its decision. See Armistead v.

Cynthia Love v. Delta Air Lines

310 F.3d 1347 · Court of Appeals for the Eleventh Circuit · Oct 31, 2002

Ct. at 1656 (“[A]n agency’s decision not to take enforcement action should be presumed immune from judicial review under [5 U.S.C.] § 701(a)(2).”). … Second, air carriers themselves are required to establish ACAA dispute resolution mechanisms.

prod.liab.rep. (Cch) P 15,328, 11 Fla. L. Weekly Fed. C 1729 Jack Lindsey, of the Estate of Grace C. Lindsey, Deceased, Jack Lindsey, as Surviving Spouse of Grace C. Lindsey, Deceased v. Navistar International Transportation Corp.

150 F.3d 1307 · Court of Appeals for the Eleventh Circuit · Aug 14, 1998

Atlanta Center Ltd., 219 Ga.App. 422 , 465 S.E.2d 456 (1995) ("When a party is relying on inferences to prove a point, not only must those inferences tend in some proximate degree to establish the conclusion sought, but must … We review the district court's conclusions under the clearly erroneous standard. See, e.g., Simmons v.

United States v. Alberto Calderon

127 F.3d 1314 · Court of Appeals for the Eleventh Circuit · Nov 14, 1997

While the relevance of this testimony may not be readily apparent, it was clearly not plain error to allow its admission. B. … We find that the district judge’s quantity determination was not clearly erroneous.

Martha Martinez-Lara v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 6, 2025

Barr, the Supreme Court held that the phrase “questions of law” in § 1252(a)(2)(D) encompasses “the application of a legal standard to undisputed or established facts”—i.e., so-called “mixed ques- … Bank pretty clearly indicates that the applica- ble standard of review is substantial evidence. That conclusion fol- lows from two premises. First, per Google-U.S.

Robert B. Eubank v. Mountain Brook, Alabama

197 F. App'x 819 · Court of Appeals for the Eleventh Circuit · Aug 10, 2006

Plaintiff claims that Officer Lamon violated Plaintiff’s clearly established Fourth Amendment rights because the Officer lacked probable cause to arrest Plaintiff. … Because Officer Lamon had at least arguable probable cause for the arrest and no clearly established law prohibited his making the arrest, the district court properly determined Lamon was entitled to qualified immunity.

Brenda Cash v. Sylvia Smith

231 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Nov 1, 2000

In order to establish a prima facie case of discrimination under the ADA, Cash must demonstrate that she (1) is disabled, (2) is a qualified individual, and (3) was subjected to unlawful discrimination because of her disability … Cash did not clearly articulate which of the three statutory definitions of disability she was proceeding under, so we will examine each in turn.

Bob Daniels v. Twin Oaks Nursing Home

692 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Jan 26, 1983

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. … In Boeing the former Fifth Circuit undertook to establish the federal standard for sufficiency of the evidence in civil cases.

Athens Lumber Company, Incorporated v. Federal Election Commission

689 F.2d 1006 · Court of Appeals for the Eleventh Circuit · Feb 7, 1983

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 … Despite the fact that the testers fully expected to receive false information, they were granted standing on the basis of section 804(d) of the Fair Housing Act, 42 U.S.C. § 3604 (d), which "establishes an enforceable right

Securities & Exchange Commission v. Unique Financial Concepts, Inc.

196 F.3d 1195 · Court of Appeals for the Eleventh Circuit · Nov 18, 1999

Thus, in order to qualify as an investment contract, "it is enough that the [parties] merely offer the essential ingredients of an investment contract." Howey, 328 U.S. at 301, 66 S.Ct. at 1104. … This language clearly presents an offer for an investment in a common enterprise and thus supports the common enterprise prong of the Howey test.6 2.

Larry V. Bishins v. U.S. Secretary Department of Health and Human Services

Court of Appeals for the Eleventh Circuit · Jul 24, 2025

(the qualified independent contrac- tor administering his Medicare claims), and CMS attempting to ap- peal the denial. … except to the extent that such immunity is waived by § 405(g).

United States v. Lee

586 F.3d 859 · Court of Appeals for the Eleventh Circuit · Oct 26, 2009

The district court found that all three of Lee’s convictions qualified as violent felonies and overruled Lee’s objections. … Thus, convictions for walkaway escape could clearly take place on the basis of conduct that did not present a serious potential risk of physical injury to another.