Case law

United States v. Martin J. Bradley, Jr.

Court of Appeals for the Eleventh Circuit · Jun 29, 2011

(“Infustat”)18 and Seratech, Inc. 16 IVIG is the general acronym for intravenous immune globulin, a blood-derivative used to treat patients with a compromised immune system. … established.

William Sweet v. Chief Justice of Florida Supreme Court

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

At the pleading stage, the complaint “must clearly allege facts demonstrating each element.” Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016) (cleaned up). … Sovereign Immunity Although the inmates have standing to seek nominal dam- ages for alleged past injuries, they face another jurisdictional bar- rier: sovereign immunity.

In Re James A. Lane, Bankrupt. Frances B. Lane and James M. Gaines, as Trustee of the Bankrupt Estate of James A. Lane v. United States

742 F.2d 1311 · Court of Appeals for the Eleventh Circuit · Sep 27, 1984

Lane established these hotels as Subchapter S corporations with himself as controlling stockholder. … Only a bona fide debt qualifies for purposes of section 166.

United States v. Stallings

194 F. App'x 827 · Court of Appeals for the Eleventh Circuit · Sep 7, 2006

clearly erroneous. … The district court did not clearly err in imposing the firearm enhancement upon Session.

H.K. Porter Company, Inc. v. Metropolitan Dade County, John Dyer, Individually and as Contracting Officer for Metropolitan Dade County

975 F.2d 762 · Court of Appeals for the Eleventh Circuit · Oct 2, 1992

As indicated, MDC in implementing the MBE provisions of contract Y-621, was relying on Congress’ legislative findings which clearly established that minorities were not participating in government contracts. … The UMTA circular required the county to establish goals “related to the availability of MBEs” and to attempt “to match proposed procurements with available qualified MBEs.”

Thomas Johnson v. Governor of the State of FL

405 F.3d 1214 · Court of Appeals for the Eleventh Circuit · Apr 12, 2005

Section 4 provided: No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election, nor shall any person convicted of felony by a court of record be qualified … The plaintiffs’ standard establishes an insurmountable burden.

United States v. Fernando Fuentes-Coba

738 F.2d 1191 · Court of Appeals for the Eleventh Circuit · Aug 13, 1984

Although the Cuban trade embargo remained firmly in effect, the Regulations were amended to establish a general authorization for Americans to travel to Cuba and to spend money incident to that travel. … The judge then conducted a hearing into the juror’s qualifications, finding that he was not qualified to sit on the jury.

Webb-Edwards v. Orange County Sheriff's Office

525 F.3d 1013 · Court of Appeals for the Eleventh Circuit · Apr 22, 2008

Webb- Edwards clearly demonstrated that she satisfied the first, second, third, and fifth elements of her cause of action for hostile environment and sexual harassment. Ms. … It was rather clearly a disgusting attempt at humor, unaccompanied by any other improper conduct. The Supreme Court held in Faragher v.

56 Fair empl.prac.cas. 387, 50 Empl. Prac. Dec. P 38,970 Michael Howard v. John L. McLucas Robert Poss, Intervenors-Appellants. American Federation of Government Employees v. John C. Stetson, Etc., Robert Poss, Intervenors-Appellants

871 F.2d 1000 · Court of Appeals for the Eleventh Circuit · Jun 2, 1989

This result would clearly be at odds with [the Supreme] Court's and Congress' consistent emphasis on "the value of voluntary efforts to further the objectives of the law." … The district court's finding that the plaintiffs had established a prima facie case of discrimination, Howard IV, 671 F.Supp. at 760-61 , was amply supported by the record.

Patricia A. Chasse v. Opal McCraney

174 F. App'x 473 · Court of Appeals for the Eleventh Circuit · Mar 30, 2006

Because there are genuine issues of material fact, we affirm the denial of McCraney’s motion for summary judgment for qualified immunity. … established law or constitutionally protected interest.

Troy Smith v. Mitchell Miorelli

93 F.4th 1206 · Court of Appeals for the Eleventh Circuit · Feb 26, 2024

“A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.” … “The requisite elements of Article III standing are well-established[.]” Fed. Election Comm’n v. Cruz, 596 U.S. 289, 296 (2022).

United States v. Kramer

943 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Oct 11, 1991

We have reviewed the record in this case and find that the evidence presented at Marren’s trial was clearly sufficient to establish his guilt. … The guidelines also provide that there can be more than one person who qualifies as a leader or organizer of a criminal conspiracy. U.S.S.G. § 3B1.1, Application Note 3.

William Henry Hanson v. Ralph Stanley Waller, Lvl Inc., National Car Rental System Travelers Insurance Company

888 F.2d 806 · Court of Appeals for the Eleventh Circuit · Nov 20, 1989

The authority of the judge to question witnesses is well established. See Fed.R.Evid. 614 Advisory Committee Note. … Dorsey was clearly related to the management of the Appellants’ litigation. Therefore, the contents of the letter fall within the hearsay exclusion provided by Rule 801(d)(2)(C).

Pablo Guevara v. NCL (Bahamas) Ltd.

920 F.3d 710 · Court of Appeals for the Eleventh Circuit · Apr 1, 2019

Zollo's opinions, arguing that (1) he was not qualified to offer opinions on the construction of seaworthy vessels or human factors; (2) he did not use a sufficiently reliable methodology; (3) his opinions were based on assumptions … Epstein, Becker and Green, P.C. , 549 F.3d 1344 , 1363 (11th Cir. 2008) ("Under Rule 37(c)(1), a district court clearly has authority to exclude an expert's testimony where a party has failed to comply with Rule 26(a) unless

Fogade v. ENB Revocable Trust

263 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Aug 28, 2001

Plaintiffs moved to dismiss the counterclaims on grounds that they were immune from suit under the foreign sovereign immunity doctrine and the act of state doctrine. … Corp., 244 F.3d 814, 816 (11th Cir.2001) (" 'We note that issues that clearly are not designated in the initial brief ordinarily are considered abandoned.’ ") (quoting Hartsfield v.

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.

City of Sarasota v. Environmental Protection Agency and Lee M. Thomas

813 F.2d 1106 · Court of Appeals for the Eleventh Circuit · Apr 3, 1987

Clearly, these provisions of the AT policy demonstrate that the permitting and AT grant funding functions of the Agency have different objectives and are distinctly separate. … In establishing NPDES permit limitations, EPA does not look behind a state’s water quality standards to see whether it is unnecessarily stringent.

McGriff v. Dept. of Corrections

338 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Jul 23, 2003

The Fifth Amendment right, explained and firmly established in Miranda v. Arizona, 384 U.S. 436, 86 S. … Appellant contends this finding was clearly erroneous. The law is well-established in this Circuit that a criminal defendant has a fundamental constitutional right to testify in his own defense.

Pacheco De Perez v. AT&T Co.

139 F.3d 1368 · Court of Appeals for the Eleventh Circuit · Apr 29, 1998

The federal nature of the right to be established is decisive — not the source of the authority to establish it. Id. at 483 , 53 S.Ct. at 449-50 (citations omitted). … This concern has been most clearly expressed in cases involving actions to establish title to land in which the plaintiff must trace the source of the title to federal laws or treaties. See Shulthis v.

Noris Babb v. Secretary, Department of Veterans Affairs

992 F.3d 1193 · Court of Appeals for the Eleventh Circuit · Apr 1, 2021

Thus, Begay’s reasoning on the one was “clearly on point” for the other. Id. … Having established that framework, the Monaghan Court explained how Gowski mixed things up.