Case law

Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta v. The Florida Friory of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, the Ecumenical Order

Court of Appeals for the Eleventh Circuit · Dec 18, 2012

See Angel Flight, 522 F.3d at 1210. 14 In sum, the district court clearly erred in finding that Plaintiff Order fraudulently obtained its marks. … The witness has not been qualified to testify as an historian. THE COURT: Well, you’ll be able to cross-examine him on this.

Secretary, U.S. Department of Labor v. Robert N. Preston

Court of Appeals for the Eleventh Circuit · Oct 12, 2017

So too, a sovereign State may choose to waive its Eleventh Amendment immunity from suit. This case also concerns waiver—but not of some fundamental constitutional guarantee. … A statute of repose confers on a defendant a personal privilege of sorts, in the form of an immunity from further liability.

Blue Cross & Blue Shield of Alabama, Inc. v. Nielsen

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.

United States v. Timothy Allen Weeks

711 F.3d 1255 · Court of Appeals for the Eleventh Circuit · Jan 31, 2013

The final judgment for Weeks’ conviction for aggravated battery with deadly weapon merely established that he pleaded guilty to that offense on April 1, 1999. … Turner, 626 F.3d 566, 572 (11th Cir. 2010) (noting that sentencing enhancements need only be established by a preponderance of the evidence).

Winter v. Hollingsworth Properties, Inc.

777 F.2d 1444 · Court of Appeals for the Eleventh Circuit · Dec 11, 1985

We held that dismissal was premature and that the plaintiffs had to be given an opportunity to establish facts sufficient to support jurisdiction. … For a transaction to qualify for this exemption, the purchaser must be a person who plans to subsequently sell or lease the lot(s) in the normal course of business.

Allie K. McCord v. City of Fort Lauderdale, Florida

787 F.2d 1528 · Court of Appeals for the Eleventh Circuit · Apr 29, 1986

Even if plaintiffs had not clearly established the existence of racially-polarized voting, I would have employed the procedure utilized in Lee County Branch of the NAACP v. … Are blacks alone qualified to represent other blacks?

Krys v. Lufthansa German Airlines

119 F.3d 1515 · Court of Appeals for the Eleventh Circuit · Aug 25, 1997

The challenged findings of the court below are not clearly erroneous. IV. … However, the appellant failed to argue this point as clearly as it should have in its initial brief on appeal.

Swaters v. Osmus

568 F.3d 1315 · Court of Appeals for the Eleventh Circuit · May 26, 2009

First, Arthur Stachurski’s testimony clearly supports the Board’s determination that proper safeguards and procedures were followed during the collection of Swaters’s sample. … The defense must be established by a preponderance of the evidence. Adm’r v. Tsegaye, NTSB Order No.

Lisa M. Mayson, by Her Parents and Next Friends, Mr. & Mrs. W.K. Mayson v. Wayne Teague, as State Superintendent of Education State of Alabama the State Board of Education State of Alabama, Dawn Parker, by and Through Her Parents and Next Friends, Mr. And Mrs. Donald M. Parker, Jr. And Mr. And Mrs. Donald M. Parker v. State Board of Education, State of Alabama

749 F.2d 652 · Court of Appeals for the Eleventh Circuit · Dec 26, 1984

While immunity from tort actions need not be determinative of a question of federal statutory interpretation, these immunity opinions contain broader language which is relevant to the role played by local school board employees … In holding that the state school board is an agency "involved in the education and care of the child" because it is responsible for the education and care of all handicapped children, these cases clearly--and acceptably--

United States v. Eric Eugene Williams

816 F.2d 1527 · Court of Appeals for the Eleventh Circuit · May 14, 1987

We are not convinced that the exculpatory testimony of Samuel and Cynthia Parlin qualified as newly discovered evidence. … The test for relevancy under this part of the analysis is identical to the test established by rule 401 of the Federal Rules of Evidence.

Samuel Gray v. United States

622 F. App'x 788 · Court of Appeals for the Eleventh Circuit · Jul 10, 2015

Gray’s burden, not the government’s, to establish by clear and convincing evidence that his prior robbery conviction did not qualify as a serious violent felony under § 3559(c)(3)(A). … Unlike § 924(e) of the ACCA, § 3559(c)(3)(A) unambiguously provides that a prior robbery will not qualify as a predicate offense if a defendant can clearly and convincingly establish that “no firearm or other dangerous

Jacqueline M. Spencer v. City of Orlando, Florida

Court of Appeals for the Eleventh Circuit · Mar 1, 2018

established” constitutional right. … When, as here, that much is undisputed, the burden shifts to the plaintiff to show that qualified immunity is unwarranted. Id.

LSSI Data Corp. v. Comcast Phone, LLC

Court of Appeals for the Eleventh Circuit · Sep 26, 2012

However, this Court reviews “findings of fact upon which the decision to grant equitable relief was made under the clearly erroneous standard.” Id. (quotation marks omitted). IV. … This “ensures that the party opposing a preliminary injunction is not saddled with the burden of production, initially, and that the proponent of this extraordinary and drastic remedy is required to clearly establish the

United States v. Matthew Bryan Caniff

955 F.3d 1183 · Court of Appeals for the Eleventh Circuit · Apr 9, 2020

Both of these terms clearly denote public communication. … Those matters are for the trier of fact alone.” 6 But Detective Greene was never offered or qualified as an expert witness.

Ted Martin v. Louis W. Sullivan, Secretary of the Department of Health and Human Services

894 F.2d 1520 · Court of Appeals for the Eleventh Circuit · Mar 1, 1990

Notwithstanding the claimant’s contentions it clearly appears that Mrs. … Therefore, the SSA has the authority and obligation to scrutinize any tax reporting strategies which appear to be for the purpose of qualifying for benefits and avoiding benefit deductions.

Ed Taylor Construction Co. v. Occupational Safety and Health Review Commission, Elizabeth Dole, Secretary of Labor

938 F.2d 1265 · Court of Appeals for the Eleventh Circuit · Aug 15, 1991

While we recognize that the Review Commission is well qualified to evaluate occupational safety matters, we reject Taylor's argument. … We presume that all of the adjudicatory bodies within the framework of the Act are qualified to make determinations about occupational safety.

United States v. Jay Scott Ballinger

395 F.3d 1218 · Court of Appeals for the Eleventh Circuit · Jan 10, 2005

Accordingly, I attach more weight to what § 247 penalizes than to its inclusion of a jurisdictional qualifier. 74 congressional statute . . . .” Bray v. … The Court, however, rejected the notion that the mere recitation of such words rendered the statute immune from judicial review, and proceeded to examine the quality of the connections between the residence and interstate

Leon Carmichael, Sr. v. United States

966 F.3d 1250 · Court of Appeals for the Eleventh Circuit · Jul 22, 2020

In regard to prong three, the ten and twenty- year offers are clearly less severe than the forty-year total sentence actually received by Carmichael. … counsel conceded that there is no claim in this case that any of the district court’s findings were clearly erroneous.

Federal Trade Commission v. FleetCor Technologies, Inc.

Court of Appeals for the Eleventh Circuit · Jan 6, 2026

And to avoid confusion, the order specifies examples that don’t qualify as “Express Informed Consent.” … The FTC offers several “well-established” common- law policies that establish Corpay’s conduct as unfair.

SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In Re Seaside Engineering & Surveying, Inc.)

780 F.3d 1070 · Court of Appeals for the Eleventh Circuit · Mar 12, 2015

Seventh Circuit viewed a very similar bar order as “narrow: it applies only to claims ‘arising out of or in connection with’ the reorganization itself and does not include ‘willful misconduct.’ … This is not ‘blanket immunity … Seaside argues that this is an attempt to convert the standard of review and that controlling precedent requires this Court to use the clearly erroneous standard in reviewing the totality of the circumstances.