Case law
Opinions from 1658 to today.
9,466 results
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582 F.3d 1239 · Court of Appeals for the Eleventh Circuit · Sep 11, 2009
Moreover, Jordan’s obligation to provide Woodward competent service would not immunize Jordan from prosecution for violating 18 U.S.C. § 641. … First, the court’s decision to place the defendants on probation is supported by findings of fact that are not clearly erroneous.
Cited 76 timesPublishedAcryliCon USA, LLC v. Silikal GmbH & Co.
692 F. App'x 613 · Court of Appeals for the Eleventh Circuit · May 31, 2017
The cases to which the briefs urge us to look for our broad discretion do not reflect the consensus view of the circuit courts or, more importantly, the established view of this Court. … Atlanta Gas Light Co., 135 F.3d 1428 , 1433 n.9 (11th Cir. 1998). .Silikal does state in passing that AcryliCon's "non-contract causes of action are clearly based on rights it believes it has under the [Agreement].”
Cited 4 timesPublished786 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
Cited 0 timesPublishedRoger Dwain Epps, Samuel Lilburn Stone, III v. St. Mary's Hospital of Athens, Inc.
802 F.2d 412 · Court of Appeals for the Eleventh Circuit · Nov 26, 1986
We reject this argument. 21 Although this exception is known as the "telephone extension exception," or the "business extension exemption," the language of the statute clearly applies to " ... any telephone or telegraph instrument … We should also scrutinize Congress' real target: the eavesdropper. 36 Case law suggests that Smith's eavesdropping was not the sort of activity Congress intended to immunize.
Cited 27 timesPublished958 F.2d 1036 · Court of Appeals for the Eleventh Circuit · Apr 20, 1992
Fitzgerald, 457 U.S. 731, 742-43 , 102 S.Ct. 2690, 2697-98 , 73 L.Ed.2d 349 (1982), or qualified immunity, Mitchell v. … We have made that judgment when the right not to be tried in a particular court has been created through jurisdictional limitations established by Congress or international treaty....
Cited 0 timesPublished783 F.2d 1488 · Court of Appeals for the Eleventh Circuit · Feb 20, 1986
The judicial privilege is only qualified, not absolute; it can be overcome in an appropriate case. 176 The Supreme Court in United States v. … , without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances.
Superseded by statute, as recognized in In Re the Honorable John H. McBryde District Judge, United States District Court for the Northern District of TexasCited 86 timesPublished631 F.3d 1218 · Court of Appeals for the Eleventh Circuit · Jan 28, 2011
As for this claim, he cannot clearly establish a substantial likelihood of success on the merits. … Again, we are unpersuaded that Bloedorn has clearly established a substantial likelihood of success on the merits.
Cited 112 timesPublishedChristina McLaughlin v. Florida International University Board of Trustees
Court of Appeals for the Eleventh Circuit · Apr 22, 2022
9 two points, neither of which are relevant: (1) she discusses the “dis- cretionary function” exception to the FTCA, which was not the ba- sis for the court’s ruling, and (2) she cites the standard for qualified immunity … As to Wasserman, it held that McLaughlin’s federal claims against him failed on qualified immun- ity grounds.
Cited 0 timesUnpublishedCourt of Appeals for the Eleventh Circuit · Oct 6, 2000
Further, for the first time on appeal, Buter claims that the court erred in imposing a $1,500 fine because the record conclusively established his inability to pay. … To qualify as a sentence of imprisonment, the defendant must have actually served a period of imprisonment on such sentence. ....
Cited 0 timesPublishedRobbins v. Jim Walter Resources, Inc.
898 F.2d 1478 · Court of Appeals for the Eleventh Circuit · Apr 4, 1990
An arterial blood gas study performed on the same day produced values that do not qualify as totally disabling under the pertinent regulations. Dr. … The Board is clearly correct in holding that the cause of a disability is irrelevant to rebuttal under subsection (b)(2).
Cited 7 timesPublished104 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Feb 5, 1997
argument that the government has the burden of proving that he qualifies as an accessory after the fact to the crimes committed by Fernandez is incorrect. … According to Brenson, any abuse of trust is clearly inherent in the crime itself.
Cited 54 timesPublishedCourt of Appeals for the Eleventh Circuit · Oct 6, 2000
Further, for the first time on appeal, Buter claims that the court erred in imposing a $1,500 fine because the record conclusively established his inability to pay. … To qualify as a sentence of imprisonment, the defendant must have actually served a period of imprisonment on such sentence. . . . .
Cited 0 timesPublishedUnited States v. Ronald Francis Croteau
819 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Apr 11, 2016
and urged Croteau to seek advice from a competent tax professional or qualified attorney. … In August 2008, Croteau signed and recorded a “Notice of Lien, Diplomatic Immunity and Identity Bond on Land” and a “Private Discharging and Indemnity Bond” for $300 million.
Cited 218 timesPublishedCourt of Appeals for the Eleventh Circuit · Feb 18, 2016
The mandate is clearly rationally related to that interest and thus passes muster under the Free Exercise Clause. C. … We therefore reject EWTN’s Establishment Clause challenge. D.
Cited 0 timesPublishedTerry Properties, Inc. v. Standard Oil Co. (IND)
799 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Sep 24, 1986
No buffer zone was required to be established between Terry Manufacturing Company’s plant and neighboring residential areas. … They complain that Amoco Fabrics was not required to establish a buffer zone between Roanoke Mills and Hillcrest Community, yet the Ter-rys were not required to establish a buffer zone between the Terry Manufacturing Company
Cited 4 timesPublishedFlorida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)
828 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Jul 11, 2016
bankruptcy court assumed authority over the Medicare and Medicaid provider agreements as part of the debtor’s estate, enjoined the Secretary from terminating the provider agreements, determined for itself that Bayou Shores was qualified … But in a dicta discussion of whether there had been a waiver of sovereign immunity, the court noted that “11 U.S.C. § 106(a), which refers to waivers of sovereign immunity in bankruptcy proceedings, could not apply since
Cited 32 timesPublishedTheresa Marie Schindler Schiavo v. Michael Schiavo
403 F.3d 1223 · Court of Appeals for the Eleventh Circuit · Mar 23, 2005
clearly unreasonable or incorrect. … A preliminary injunction is “an extraordinary [*6] and drastic remedy” and is “not to be granted unless the movant ‘clearly established the burden of persuasion’ as to the four prerequisites.” United States v.
Cited 498 timesPublished782 F.2d 956 · Court of Appeals for the Eleventh Circuit · Feb 20, 1986
The interest of the union members in intervention had thus already been established. … Even among those who are minimally qualified for a position chances of promotion may be slim because a particular employee may be ranked below hundreds, even thousands, of other qualified employees.
Cited 42 timesPublishedUnited States v. William Michael Adkinson
247 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Apr 19, 2001
The criminal defendant bears the burden of proving this by a preponderance of the evidence, as well as establishing that he is otherwise qualified for the award under the law. … Gilbert has not established that and he can not establish it.
Cited 0 timesPublishedReynolds v. Bridgestone/Firestone
989 F.2d 465 · Court of Appeals for the Eleventh Circuit · Apr 28, 1993
By virtue of his training and experience, he was thoroughly qualified to service multi-piece truck rims and his employer thought him to be a very cautious tire changer. … A general awareness of danger, however, is not sufficient to establish that one assumed the risk of injury.
Cited 21 timesPublished
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