Case law

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.

United States v. Steven Gibson

434 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Jan 4, 2006

The district court was therefore unable to determine whether Spell’s prior conviction qualified him as a career offender, and relied instead on the charging document. Id. … Gibson clearly qualifies as a career offender under U.S.S.G. § 4B1.1. The PSI indicates that Gibson was 28 years old at the time he committed the offense of conviction.

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.

Fred W. Steffens and Margaret T. Steffens v. Commissioner of Internal Revenue Service

707 F.2d 478 · Court of Appeals for the Eleventh Circuit · Jun 16, 1983

Generally, the Tax Court’s findings of fact, like those of a district court, are subject to the “clearly erroneous” standard of review. Commissioner v. … Under the Barnett analysis a taxpayer must also establish he did not in fact “hold himself out” to other businesses. Barnett, supra at 613 .

Josendis v. Wall to Wall Residence Repairs, Inc.

662 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Nov 17, 2011

Having found that Josendis did not make a sufficient showing to establish that Wall to Wall’s annual gross sales reached the $500,000 statutory threshold, we need not dwell on the other element necessary to establish enterprise … In fact, Josendis clearly characterized the work he completed at the Miami Home as being the work of Wall to Wall.

Steadham v. Sanders

941 F.2d 1534 · Court of Appeals for the Eleventh Circuit · Sep 18, 1991

Clair, 384 So.2d 1 (Ala.1980) (county lacks governmental immunity, can sue and be sued). 17 However, although we have searched Alabama law, we can find no indication that a county commission's factual findings have preclusive … In the licensing case, the county commission takes administrative action for which it has essentially final authority, subject only to "a limited review, delineated by statute and court-established standards which relate

Edwards v. Prime, Inc.

602 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Apr 9, 2010

Just because a district court’s order has the “practical effect of refusing an injunction,” it does not automatically qualify for immediate appeal under § 1292(a)(1). Carson v. Am. … Bd. of Educ. of Atlanta, 105 F.3d 591, 595 (11th Cir. 1997) (declining pendent appellate jurisdiction because the qualified immunity issue could be resolved “without reaching the merits of the remaining questions” raised

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.

International Brotherhood of Boilermakers v. National Labor Relations Board

127 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Nov 13, 1997

The group ultimately decided that either Jonjock had intentionally committed these errors or that he was so lacking in skills he could not qualify as a boilermaker fitter/rigger. … We note, however, that although our review is limited, that does not mean that “the Board is immune from judicial examination and reversal in proper cases____ Reviewing courts are not obliged to stand aside and rubber-stamp

Pope v. Hightower

101 F.3d 1382 · Court of Appeals for the Eleventh Circuit · Dec 26, 1996

STANDARD OF REVIEW The district court's findings of fact are subject to review under a clearly erroneous standard. Massaro v. … Reduction of criminal activity and harassment qualifies as a legitimate governmental objective.

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.

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

Court of Appeals for the Eleventh Circuit · Aug 6, 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 USCA11 Case: 24-10223 Document … Based on this totality of the evidence, the district court did not clearly err in finding that the defendants operated the encoders. IV.

United States v. J.R. "Buddy" Carter, Joy Carter, Kevin Sheehy, William M. "Billy" Butts

760 F.2d 1568 · Court of Appeals for the Eleventh Circuit · May 28, 1985

It is clear beyond question that the first two elements of the above test have been established. … The mere fact that the contraband had been transferred from the airplane to another vehicle before the agents could land and conduct their search does not render the aircraft immune from a valid border search.

Daniel Anthony Lucas v. Warden, Georgia Diagnostic and Classification Prison

771 F.3d 785 · Court of Appeals for the Eleventh Circuit · Nov 12, 2014

For § 2254(d)(1), clearly established federal law includes only the holdings of Supreme Court decisions -- not Supreme Court dicta and not the opinions of this Court. White v. Woodall, 134 S. … The long and the short of it is that the petitioner has failed to establish that the state court’s determination about prejudice was contrary to or an unreasonable application of clearly established precedent.

Lester James Smith, Jr. v. D/W/S Dewberry

Court of Appeals for the Eleventh Circuit · Jun 6, 2022

USCA11 Case: 21-10607 Date Filed: 06/06/2022 Page: 9 of 9 4 LUCK, J., Concurring in part and dissenting in part 21-10607 Smith cannot show that any violation of his Eighth Amendment rights was clearly established … as he was required to do to overcome the prison officials’ qualified immunity.

Timothy Finnerty v. Stiefel Laboratories, Inc.

756 F.3d 1310 · Court of Appeals for the Eleventh Circuit · Jun 30, 2014

A stock bonus plan, like the ESBP, is an employee compensation program, established and maintained by an employer, which distributes benefits in the form of cash or stock in the employer company. … To qualify for certain tax-favored treatment, a stock bonus plan must meet the requirements of Internal Revenue Code § 401(a) and, in turn, § 409(h). See 26 U.S.C. § 401(a)(23); John D.

United States v. Paul Edward Hromada

49 F.3d 685 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

The defendant has the burden of establishing a prima facie case that a knock and announce violation has occurred under § 3109, and overcoming the presumption of Government propriety. United States v. … In determining whether a defendant qualifies for an acceptance of responsibility, consideration may be given to "voluntary termination or withdrawal from criminal conduct or associations." U.S.S.G. § 3E1.1, comment.

Billy H. Sanders v. United States

740 F.2d 886 · Court of Appeals for the Eleventh Circuit · Aug 31, 1984

United States, 705 F.2d 1418 (5th Cir.1983), which concluded that a taxpayer’s purpose for holding property is a question of fact requiring a “clearly erroneous” standard of appellate review under Fed.R.Civ.P. 52(a). … The taxpayer next argues that the profits qualify for capital gains treatment under section 1237 of the Internal Revenue Code, which allows a taxpayer to treat profits from the sale of subdivided lots as capital gains if

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.

40 Fair empl.prac.cas. 1050, 40 Empl. Prac. Dec. P 36,305 Jerome L. Archambault, Cross-Appellant v. United Computing Systems, Inc., a Foreign Corporation, Cross-Appellee

786 F.2d 1507 · Court of Appeals for the Eleventh Circuit · Apr 21, 1986

The factor of plaintiff's age sufficiently tainted Smidt's view of plaintiff and whoever he had in mind in replacement that it was a basis in fact for the plaintiff's discharge. 11 UCS asserts that the record clearly establishes … The plaintiff met his burdens of proof and persuasion, and made a prima facie showing of age discrimination in his case by showing he belongs to the statutorily protected age group, was qualified for his job, was discharged