Case law

Douglas C. Kilpatrick v. Breg, Inc.

Court of Appeals for the Eleventh Circuit · Aug 12, 2010

Poehling was qualified to testify as an expert – testimony that would have been helpful to the jury. … He clearly testified that he could not explain why potentially unknown, or idiopathic alternative causes were not ruled out. Dr.

Loranger v. Stierheim

10 F.3d 776 · Court of Appeals for the Eleventh Circuit · Jan 4, 1994

The district court dismissed Loranger's complaint with leave to amend, holding that the defendants were absolutely immune from suit. Loranger moved to vacate. … The Supreme Court has clearly stated that "[t]he time that is compensable under Sec. 1988 is that 'reasonably expended on the litigation.' " See Webb v.

21 Employee Benefits Cas. 1544, 11 Fla. L. Weekly Fed. C 132 Blue Cross and Blue Shield of Alabama, Inc., Plaintiff-Counter-Defendant-Appellee v. John O. Nielsen, D.M.D., Individually and on Behalf of All Other Persons Who Are Similarly Situated, Kenneth O. Friday, George R. Bolling, Individually and on Behalf of All Others Similarly Situated, Intervenor-Defendants-Counterclaimants-Appellants, Complete Health, Inc., Samuel W. Sullivan, M.D., Movants

116 F.3d 1406 · Court of Appeals for the Eleventh Circuit · Jul 10, 1997

According to the providers, the exempting statutes run afoul of that constitutional prohibition by affording Blue Cross a greater immunity from legislation affecting insurance companies than that which is available to other … Instead, it is a special purpose corporation established and regulated by Alabama Code §§ 10-4-100 to -115, which Blue Cross contends exempts a class of corporations, including itself, from insurance regulation.

Duane Eugene Owen v. Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Jul 11, 2012

as clearly established federal law for purposes of AEDPA. … established federal law.

City Of Carrollton Branch Of The National Association 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 … Clearly, the district court erred in disallowing such evidence under the Supreme Court's approach in Gingles.

Thanquarius Calhoun v. Warden, Baldwin State Prison

92 F.4th 1338 · Court of Appeals for the Eleventh Circuit · Feb 15, 2024

There the Court gave an example of where a state court’s decision would be contrary to clearly established federal law, disqualifying it from AEDPA deference. … For those reasons, we must treat the Supreme Court of Georgia’s decision of the ineffective assistance of counsel claim as contrary to clearly established federal law, and we must decide the issue

FTC v. Randall L. Leshin

Court of Appeals for the Eleventh Circuit · Sep 3, 2010

acceptance, Express was not qualified to conduct business. … The district court did not clearly err when it found that the defendants failed to comply with the laws of Florida, Georgia, Ohio, and Tennessee.

Pruco Life Insurance Company v. Wells Fargo Bank, N.A.

780 F.3d 1327 · Court of Appeals for the Eleventh Circuit · Feb 27, 2015

To implement the scheme, Richardson established an irrevocable trust to hold the Guild policies. … Clearly, both of those individuals had an insurable interest in Mrs. Berger’s life.

United States v. Simon Gabay

923 F.2d 1536 · Court of Appeals for the Eleventh Circuit · Feb 21, 1991

Gabay suggests that the statements were not truly against Rubin’s interests because, by being granted immunity and cooperating with the investigation, Rubin avoided the filing of criminal charges against him. … The testimony read to the jury *1541 clearly and directly implicated the declar-ant in criminal conduct.

United States v. James Dixon

901 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Aug 24, 2018

Ramirez, 426 F.3d 1344, 1356 (11th Cir. 2005)), and “[t]here can . . . be more than one person who qualifies as a leader,” U.S.S.G. § 3B1.1 cmt. n.4. … The district court did not clearly err. It correctly explained that “being characterized as boss is not controlling” and instead considered specific facts that established Chacon’s role as a leader.

Eaton v. Dorchester Development, Inc.

692 F.2d 727 · Court of Appeals for the Eleventh Circuit · Nov 29, 1982

Rather, it is appropriate to speak in terms of a qualified "right" to jurisdictional discovery when a court's jurisdiction is genuinely in dispute. … Id. at 1012. 10 The complaint here clearly alleges jurisdiction based upon the Interstate Land Sales Full Disclosure Act.

Donald Feldman and Patricia Feldman, A/K/A Patsy Jane Feldman v. Commissioner of Internal Revenue

20 F.3d 1128 · Court of Appeals for the Eleventh Circuit · May 17, 1994

The Tax Court found this testimony credible, and there is no indication that this finding is clearly erroneous. … Therefore, a failure to meet any of the requirements will prevent a spouse from qualifying for relief. Plank v. CIR, 65 T.C.M. (CCH) 2798, 2800 , 1993 WL 173792 (1993).

Carolyn Mincey v. Ryan Vardman

Court of Appeals for the Eleventh Circuit · Feb 21, 2024

As we affirm the district court’s grant of qualified immunity to Vardman, we need not address the state law claims. 2 We review a grant of summary judgment de novo, drawing all reasonable … established at the time of the violation.”

Lindsay Rafferty v. Denny's, Inc.

13 F.4th 1166 · Court of Appeals for the Eleventh Circuit · Sep 15, 2021

Towards this end, the FLSA establishes a minimum wage that covered employers may pay. See 29 U.S.C. § 206(a). But exceptions exist. See 29 U.S.C. § 206(a)(1). … These duties plainly do not qualify as work that directly supports tip-producing work.

Eugene Milton Clemons, II v. Commissioner, Alabama Department of Corrections

967 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Jul 30, 2020

At the time the state court denied Clemons’s petition, no clearly established federal law prohibited state courts from using a bright-line cutoff for IQ scores above 70. … While that approach today would be contrary to clearly established federal law -- that is, contrary to Moore v.

Bryant v. Avado Brands, Inc.

187 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Sep 3, 1999

Congress was certainly aware of this well-established precedent when drafting the Reform Act. … This language clearly refers to a substantive standard, a condition of the mind, like willfulness or recklessness.

Joseph A. Iervolino v. Delta Air Lines, Inc.

796 F.2d 1408 · Court of Appeals for the Eleventh Circuit · Aug 15, 1986

I believe that the trial court was clearly erroneous and I would reverse on this ground as well. … In relevant part the instructions were as follows: [I]t is Delta’s burden to establish the existence of a bona fide occupational qualification, and they must establish that by a preponderance of the evidence.

Kenneth Fernandez Johnson, Jr. v. Sadie Darnell

Court of Appeals for the Eleventh Circuit · Aug 21, 2019

In addition to concluding that Johnson’s second amended complaint failed to state a claim on which relief could be granted, the district court concluded Deputies Cruz and Pino-Diaz were entitled to qualified immunity as … DISCUSSION As an initial matter, Johnson has waived and abandoned any challenge to the district court’s ruling that Deputies Cruz and Pino-Diaz were entitled to qualified immunity, as he failed to make any argument

The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc.

Court of Appeals for the Eleventh Circuit · Sep 5, 2018

. § 1715z-20, which authorizes the Secretary of the Department of Housing and Urban Development to establish a mortgage-insurance program designed to encourage lenders to offer reverse mortgages and thereby alleviate some … “Georgia law clearly authorizes the use of ‘non-judicial power of sale foreclosure’ as a means of enforcing a debtor’s obligation to repay a loan secured by real property.” You v.

United States v. Elizabeth Kammer

1 F.3d 1161 · Court of Appeals for the Eleventh Circuit · Sep 14, 1993

Martin responded affirmatively and altered students’ CPAT scores so that ineligible students would qualify for federal financial aid funds. … When reviewing a sentence under the guidelines, however, this court will not overturn the district court’s factual findings unless they are clearly erroneous. United States v.