Case law

Roland L. Walker v. CSX Transportation, Inc.

Court of Appeals for the Eleventh Circuit · Aug 22, 2011

Yet, the question should be answered by the court as a matter of law “in plain and undisputed cases,” id. at 17–18, that is, in cases where “the evidence shows clearly and palpably that the jury could reasonably draw but … This, however, clearly would have been an unreasonable expectation to foist on Defendants given that there is no evidence even suggesting that the locking system was intended to function in that manner and, in turn, no reason

United States v. Melchor Munoz

112 F.4th 923 · Court of Appeals for the Eleventh Circuit · Aug 7, 2024

But these findings are clearly erroneous because they lack evidentiary support in the record. … only that Munoz committed the offense “at some time” between 2008 and 2011, and “[t]he plea and conviction do not establish that Mr.

Stay, Inc. v. Cheney

940 F.2d 1457 · Court of Appeals for the Eleventh Circuit · Sep 4, 1991

. § 253b(c), awarded the contract to AMPB as the lowest qualified bidder. … The Choctaw court found that the contracting officer had “clearly violated the applicable procure *1463 ment regulations; ...

Kim Hartigan v. Hernando County

Court of Appeals for the Eleventh Circuit · Mar 26, 2025

She claims the property was immune from taxation because she had not filed a return, did not use the property com- mercially, and did not qualify as a “taxpayer” under Florida law. … Hartigan has no history of similar litigation, and the District Court did not clearly warn her that her claims were sanctionable.

O'Connor v. PCA Family Health Plan, Inc.

200 F.3d 1349 · Court of Appeals for the Eleventh Circuit · Jan 18, 2000

Sara Lee Corp., 118 F.3d 1151, 1157 (7th Cir.1997) (holding an employer may terminate an employee on FMLA leave as part of a RIF), because United States Department of Labor regulation qualifies the right. … The record testimony surrounding this issue is ambiguous at best, so we are unable to conclude the district court clearly erred in finding this fact.

76 Fair empl.prac.cas. (Bna) 1475, 72 Empl. Prac. Dec. P 45,078, 48 Fed. R. Evid. Serv. 441, 11 Fla. L. Weekly Fed. C 827 Lawrence T. Zaben, James O. Lewis v. Air Products & Chemicals, Inc.

129 F.3d 1453 · Court of Appeals for the Eleventh Circuit · Dec 3, 1997

And if you looked at past experience, clearly, Mr. Zaben had it all over Mr. Parker. 30 A: Not on social and leadership skills. 31 (Gebbia Dep. at 35-36). … These ambiguous responses clearly do not establish that Gebbia looked only at Parker's "future" with the company in deciding to select Zaben for termination.

United States v. Robert Irving Eyster, A/K/A Bobby, Jack Leroy Marshall

948 F.2d 1196 · Court of Appeals for the Eleventh Circuit · Dec 17, 1991

Abbott and Clark soon obtained immunity from prosecution in exchange for information on their activities and their cooperation in obtaining further evidence. … The first photograph, Government Exhibit 7-B, clearly shows the torso of a burned body with an arm extending over a faceless head.

Aaron Private Clinic Management LLC v. Commissioner of the Georgia Department of Community Health

912 F.3d 1330 · Court of Appeals for the Eleventh Circuit · Jan 4, 2019

Aaron asserts that it sues on its own behalf and “on behalf of its prospective patients who are opiate-addicted, who are qualified disabled under the [Americans with Disabilities Act], and who are prospective patients … To satisfy its burden at the pleading stage, a plaintiff must “clearly allege facts demonstrating each element,” Spokeo, Inc. v. Robins, 136 S.

Somer v. Johnson

704 F.2d 1473 · Court of Appeals for the Eleventh Circuit · May 16, 1983

In Florida, it is well established that the legislature has the authority to abrogate the common law. E.g., State v. Egan, 287 So.2d 1, 6 (Fla.1973). … The use of the word “however” suggests that those statements qualify or relax the standard of liability enunciated earlier.

James Hall . Secretary, State of Alabama

902 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Aug 29, 2018

In that case, a candidate challenged an Ohio ballot access law requiring independent candidates to gather signatures from 7% of the qualified voters in the district. Id. at 41-42 , 90 S.Ct. 206 . … how the claims of class members in other districts where no special election was pending would be justiciable. 4 By making Alabama's ballot access requirements, as applied in the context of special elections, effectively immune

Alvord v. Wainwright

725 F.2d 1282 · Court of Appeals for the Eleventh Circuit · Apr 25, 1984

The testimony clearly bears on the presence or absence of prior criminal activity, Fla.Stat. … Meyers and the trial judge clearly accepted these statements by the prosecutor as true.

United States v. Barry L. Brown

364 F.3d 1266 · Court of Appeals for the Eleventh Circuit · Mar 31, 2004

First, Congress clearly specified a general policy and the 6 Decisions of the Fifth Circuit rendered on or before September 30, 1981, are binding precedent in the Eleventh Circuit. Bonner v. … and Schechter Poultry involved delegations of authority to criminalize activity, in Panama Refining the delegating statute did not declare any policy regarding the transportation of excess petroleum production, did not qualify

United States v. Nakey Demetruis White

868 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Aug 24, 2017

Congress has never clearly indicated it intended for the application of the ACCA to depend on state law, state labels, or state empirical judgments. … The ACCA’s definition of “violent felony” does not reference state law, thus establishing predicate offenses uniformly, categorically, and without regard to state labels and judgments.

United States v. State of Florida

Court of Appeals for the Eleventh Circuit · Mar 31, 2026

This factual finding was not clearly erroneous. See Messier v. Southbury Training Sch., 562 F. Supp. 2d 294, 331–32 (D. … If the court determines that the plaintiff has established a reasonable modification and the state has not established that the accommo- dation is a fundamental alteration, liability has been established

Kennedy v. Tallant

710 F.2d 711 · Court of Appeals for the Eleventh Circuit · Jul 28, 1983

Of course, each of the class members must have received at least one prospectus in order to qualify as a member of the class. … In this circuit, the necessary scienter can be established by a showing of knowing misconduct or severe recklessness. SEC v. Carriba Air, Inc., 681 F.2d 1318 (11th Cir.1982).

Norman Darnell Baxter v. Albert G. Thomas, Warden, Georgia Diagnostic and Classification Center

45 F.3d 1501 · Court of Appeals for the Eleventh Circuit · Feb 9, 1995

Singletary, 33 F.3d 1279, 1285-86 (11th Cir.1994) (no Brady violation when defense counsel was aware of witness’s grant of immunity and cross-examined her regarding that immunity; evidence would have provided, “at most, cumulative … His argument that death-qualified juries violate the Constitution is foreclosed by Lockhart v. McCree, 476 U.S. 162 , 106 S.Ct. 1758 , 90 L.Ed.2d 137 (1986). 26 .

Maritime Management v. United States

Court of Appeals for the Eleventh Circuit · Mar 1, 2001

Unlike § 2412(b), which is not limited in this respect, § 2412(d) requires parties to qualify under statutorily prescribed net worth maximums. … Because the EAJA is a waiver of sovereign immunity and as such must be strictly construed, Haitian Refugee Center v.

United States v. Lewis

674 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Mar 23, 2012

Hall, 231 F.3d 1289 (11th Cir.2000), a panel of this Court considered, in the qualified immunity context of a § 1983 suit, whether an officer, who conducted a traffic stop of a vehicle, lawfully searched not only the driver … There is no indication in the record that the officers themselves ever clearly articulated this suspected crime as the basis for the detention.

Todorovic v. U.S. Attorney General

621 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Sep 27, 2010

Thus, the IJ said, “even if the respondent’s testimony were taken at face value, . . . the respondent would not qualify in the Court’s opinion for withholding because he has failed to meet his burden of proof.” … One clearly impermissible form of conjecture and speculation, sometimes disguised as a “demeanor” determination, is the use of stereotypes as a substitute for evidence.

Nolan R. Wilkes, Jr. v. United States

289 F.3d 684 · Court of Appeals for the Eleventh Circuit · Apr 22, 2002

The district court held that the instant estate qualified. … This substitution of the ESOP for the executor with respect to liability for the payment of the tax is indicated even more clearly by the language of § 2002, the very provision which in the first place imposes upon the