Case law

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.

James W. Bearden v. E.I. Du Pont De Nemours and Company

945 F.3d 1333 · Court of Appeals for the Eleventh Circuit · Dec 30, 2019

Because Bearden left without exercising his stock options and did not qualify for retirement, his stock options expired on his last day of employment. B. … The district court ruled that DuPont acted in good faith because the evidence established that DuPont consistently interpreted the Award Terms to refer to Section IV of the Pension Plan.

Gary Paullin v. City of Loxley, AL

171 F. App'x 773 · Court of Appeals for the Eleventh Circuit · Mar 20, 2006

(citation omitted).6 Once the official has established that he was engaged in a discretionary function, the plaintiff bears the burden of demonstrating that the official is not entitled to qualified immunity by showing … : (1) that the defendant has committed a constitutional violation and (2) that the constitutional right the defendant violated was “clearly established” at the time he did it.

United States Ex Rel. Saldivar v. Fresenius Medical Care Holdings, Inc.

841 F.3d 927 · Court of Appeals for the Eleventh Circuit · Nov 8, 2016

LanLogistics Corp., 677 F.3d 1068, 1070 (11th Cir. 2012), with the burden of establishing jurisdiction being on the party bringing the claim, Sweet Pea Marine, Ltd. v. … “United States Supreme Court decisions . . . clearly indicat[e] that statutes that affect substantive, vested rights—even when framed in jurisdictional terms—are still presumed to apply only prospectively.” Johnson v.

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. Ellis E. Neder, Jr.

197 F.3d 1122 · Court of Appeals for the Eleventh Circuit · Dec 10, 1999

Neder also had to show that the purchasers of those units had made a nonrefundable down payment of ten percent of the purchase price and would qualify for a mortgage loan from Security. … Considered in context, the Supreme Court's statement clearly does not mean that omission of an element of an offense can never be harmless error unless uncontested.

Mehedi Hasan-Nayem v. U.S. Attorney General

55 F.4th 831 · Court of Appeals for the Eleventh Circuit · Dec 7, 2022

The BIA upheld the immigration judge’s credibility finding on the basis that it was not clearly erroneous and dismissed the ap- peal. … Therefore, after considering the totality of the circum- stances and all relevant factors, the BIA found that Hasan-Nayem failed to establish that the adverse credibility finding was clearly er- roneous

United States v. Anthony Keith Jones, A/K/A Kenneth R. Jones, David Michael Minyard, Michael Cavaliere, Bonnie Grisson Russell, United States of America v. Daniel Michael Minyard

913 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Oct 11, 1990

The requisite intent is clearly established by the evidence outlined above. See United States v. … They contend that, instead of establishing a single conspiracy, the evidence did no more than establish the existence of multiple conspiracies between David Sanford Jones and each of the defendants separately. 28 A variance

72 Empl. Prac. Dec. P 45,106, 21 Employee Benefits Cas. 2736, Pens. Plan Guide (Cch) P 23939d, 11 Fla. L. Weekly Fed. C 781 Edward Gitlitz v. Compagnie Nationale Air France, Joe F. Collins v. Compagnie Nationale Air France

129 F.3d 554 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

to ERISA's protection, (2) was qualified for the position, and (3) was discharged under circumstances that give rise to an inference of discrimination.... … Plaintiffs are clearly entitled to ERISA's protection and qualified for the job, thus satisfying the first two prongs.

Gilberto DeJesus v. Sergeant Willie J. Lewis

Court of Appeals for the Eleventh Circuit · Sep 21, 2021

Sconiers alleged so clearly contravened his constitutional rights. … The conduct in this case is the same as in Sconiers, and thus also clearly qualifies as sexual assault.

Raul A. Pelaez v. Government Employees Insurance Company

13 F.4th 1243 · Court of Appeals for the Eleventh Circuit · Sep 20, 2021

For that reason, a claimant’s “actions can[not] let the insurer off the hook when the evidence clearly establishes that the insurer acted in bad faith in handling the insured’s claim.” … And it made clear that a “[claimant]’s actions can[not] let the insurer off the hook when the evidence clearly establishes that the insurer acted in bad faith in handling the insured’s claim.” See id.

United States v. Bennie Dean Herring, Billy Clyde Herring, Ronald Mills, and Dee Dee Bell

993 F.2d 784 · Court of Appeals for the Eleventh Circuit · Jun 21, 1993

Thus, Congress clearly contemplated that the interception of television programming would be covered. … Other evidence established that, while appellants sold both legitimate VC II’s and modified VC II’s, appellants charged a significantly higher price for the modified devices.

John Washington Hightower v. William Terry

459 F.3d 1067 · Court of Appeals for the Eleventh Circuit · Aug 8, 2006

Thus, the Georgia courts rendered a decision that was “contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254 (d)(1). … Applying a clearly erroneous standard and assuming that Hightower had established a prima facie case, the Georgia Supreme Court affirmed the trial court’s determination that the prosecutor’s reasons for striking veniremembers

Dish Network L.L.C. v. Gaby Fraifer

Court of Appeals for the Eleventh Circuit · Apr 9, 2026

A plain reading of the definition of a Joint Work establishes that a work created by multiple authors may qualify as a Joint Work only if the definition of a Collective Work is not met. Id. at 4. … Based on this totality of the evidence, the district court did not clearly err in finding that the defendants operated the encoders. IV.

L v. Castle Investment Group, Inc. v. Commissioner

465 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Sep 26, 2006

We need not decide whether a qualifying proceeding had commenced before that time.” Id. (emphasis added). … The Tax Code and the Tax Court clearly establish that Congress has 3 Another of Appellants’ cited cases, American Standard Watch Co., Inc., 229 F.2d 672, involved a special statutory scheme for the former

Eastern Air Lines, Inc. v. Air Line Pilots Ass'n Inernational

920 F.2d 722 · Court of Appeals for the Eleventh Circuit · Dec 20, 1990

First, the trainees were not qualified to perform the work Eastern’s pilots ordinarily discharged. … Their utility to the airline is contingent upon becoming qualified for the position.

James David Raulerson v. Louie L. Wainwright, Secretary of the Florida Department of Offender Rehabilitation

753 F.2d 869 · Court of Appeals for the Eleventh Circuit · Jan 28, 1985

“In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … Again, this decision was not clearly erroneous and would not work a manifest injustice in this ease.

Robert Franklyn Lodge v. U.S. Attorney General

92 F.4th 1298 · Court of Appeals for the Eleventh Circuit · Feb 7, 2024

Were it otherwise, establishment of paternity would be no more meaningful a con- cept than establishment of maternity. … Nor do we decide whether Lodge qualified as a “child” under section 1432(a)(3). See 8 U.S.C.

Stinnett's Pontiac Service, Inc., Richard W. Stinnett and Gay P. Stinnett v. Commissioner of Internal Revenue Service

730 F.2d 634 · Court of Appeals for the Eleventh Circuit · Apr 20, 1984

Stinnett is president of Pontiac, an automobile dealership, and he owns 74% of the stock in the company. 1 In the early 1960’s, Pontiac established a qualified profit sharing plan for its employees. … This finding is not clearly erroneous. If Pontiac had not made the advances to Cargo on Stinnett’s behalf, Stinnett would have forfeited his interest in Cargo.