Case law

Florida 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

United States v. Victor William Ruwe

790 F.2d 845 · Court of Appeals for the Eleventh Circuit · Jun 2, 1986

And he contends that the evidence established the existence of only one conspiracy. I. … Here the statute clearly sets out various actions that constitute an offense, and the indictment alleged these actions in the alternative. Riley testified that he delivered the first two briefcases to Dr.

Theresa 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.

Vernal Forbus, Earl J. Beacham, Rudolph Caddell, Frank R. Davis, Vernie Rhodes, Jr. v. Sears Roebuck & Company, Vernal Forbus, Earl J. Beacham, Rudolph Caddell, Frank R. Davis, Vernie Rhodes, Jr. v. Sears, Roebuck & Company

958 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....

United States v. Michael J. Muzio

757 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Jul 8, 2014

Thus, here, as in Corey , finality has been established notwithstanding the fact that tasks remain to be completed by the district court. *1249 Corey is not alone. … ), or (b) timely appeal from the subsequent judgment only (here, again, the November Order may or may not qualify), in which case all issues will be heard in a single appeal.

Myra Holladay Sims v. State Of Florida

832 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Dec 2, 1987

Sec. 320.02(9) and stated: 11 42 H.B. 1805 places no burden on the manufacturer, which was clearly the concern behind the interpretation. … In our review of Florida law, we have found no legislative enactment waiving the state's sovereign immunity under the facts and issues in this case. 60 The state of Florida asserted the defense of sovereign immunity in this

The Roman Catholic Archdiocese of Atlanta v. Secretary, U.S. Department of Health and Human Services

Court 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.

Braswell v. ConAgra, Inc.

936 F.2d 1169 · Court of Appeals for the Eleventh Circuit · Jul 25, 1991

We will not disturb the district court’s ruling unless the court so clearly abused its discretion that its action could be deemed arbitrary. Id. at 1018 . … The district court did not abuse its discretion in qualifying Drs. Jackson and Davis as experts. United States v.

Glassroth v. Moore

335 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Jul 1, 2003

Clearly erroneous they are not. … (such acknowledgments are immune from Establishment Clause challenges “because they have lost through rote repetition any significant religious content”).

Peter R. Fitzpatrick v. Louie L. Wainwright

800 F.2d 1057 · Court of Appeals for the Eleventh Circuit · Nov 20, 1986

First, he urges that the court should have conducted an indigency inquiry to establish his right to a court appointed counsel. … For example, the Court hinted that a trial judge could prevent many problems by appointing a qualified lawyer to act as a “standby counsel.”

Sutton v. Lader

185 F.3d 1203 · Court of Appeals for the Eleventh Circuit · Aug 25, 1999

To establish a prima facie case of discrimination under the Act, an individual must show that (1) he has a disability; (2) he is otherwise qualified for the position; and (3) he was subjected to unlawful discrimination … Furthermore, in order to establish a prima facie case, Sutton must have demonstrated that he was “otherwise qualified” do his job during the relevant time frame.

Lin v. US ATTY. GEN.

555 F.3d 1310 · Court of Appeals for the Eleventh Circuit · Jan 28, 2009

The IJ concluded alternatively that Lin’s application was due to be denied because the IJ believed Lin was “clearly forum-shopping” when he decided to flee to the United States, rather than apply for asylum in one of the … Rather, we conclude only that, at least outside of the “other resistance” clause of § 1101(a)(42), unmarried partners like Lin do not automatically qualify for protection under the forced abortion and sterilization provisions

United States v. Allandoe C. Boyd

975 F.3d 1185 · Court of Appeals for the Eleventh Circuit · Sep 16, 2020

Prior to sentencing, Boyd objected to the guidelines calculation in the PSI, arguing, as relevant to this appeal, that his prior Georgia conviction for possession with intent to distribute marijuana did not qualify as a … It is well-established that only the district court determines the guideline range. See Molina-Martinez v. United States, 136 S.

Greer ex rel. Greer v. Rome City School District

950 F.2d 688 · Court of Appeals for the Eleventh Circuit · Dec 26, 1991

The evidence clearly established, however, that Christy had made academic progress during the two years she had spent in kindergarten. … See id 26 Because this test adheres so closely to the language of the Act and, therefore, clearly reflects Congressional intent, we adopt it.

Real Estate Financing v. Resolution Trust Corporation Investment Group Mortgage Corporation Union Planters Investment Bankers Group, Inc.

950 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Feb 27, 1992

By letter to Investment Group, Wilson submitted the 2.3% bid in mid-December, specifically qualifying it by stating that it was subject to REF’s verification of the information in the offering and REF’s due diligence review … After such a showing, unless the non-moving party offers proof sufficient to establish the existence of the essential element, the district court must grant summary judgment to the moving party.

32 Fair empl.prac.cas. 702, 32 Empl. Prac. Dec. P 33,814 Lewis K. Coker v. Amoco Oil Company, a Corporation, Lewis K. Coker v. Amoco Oil Company, a Corporation Standard Oil Company (Indiana), a Corporation

709 F.2d 1433 · Court of Appeals for the Eleventh Circuit · Jul 18, 1983

In order to establish that a fictitious resident defendant has been fraudulently joined, the removing party must show either that there is no possibility that the plaintiff would be able to establish a cause of action against … The record clearly shows, however, that Coker was aware of facts that would have suggested Bearden's and Hargrove's possible involvement.

Bateman v. Mnemonics, Inc.

79 F.3d 1532 · Court of Appeals for the Eleventh Circuit · Mar 22, 1996

On remand, the district court should clearly instruct the juiy on this important legal distinction, should a factual dispute exist on this issue. See United States v. … Such an instance would not warrant a finding of literal code copying, but could constitute an infringement of the portion of the screen display that properly qualified for protection. .

United States v. Abdoulaye Barry

Court of Appeals for the Eleventh Circuit · Jan 7, 2026

The evidence does not establish that he should have known of other secondary members or other users of the accounts. … “Whether a co-conspirator’s act was reasonably foreseeable to the defendant so that it qualifies as relevant conduct is a question of fact reviewed for clear error.” United States v.

MidAmerica C2L Incorporated v. Siemens Energy, Inc.

25 F.4th 1312 · Court of Appeals for the Eleventh Circuit · Feb 15, 2022

Regarding an expert’s qualifications, we have explained that: we observe that experts may be qualified in various ways. … [O]ur caselaw plainly establishes that one may be considered an expert but still offer unreliable testimony.” 326 F.3d at 1341–42.

Robert Allen Austin v. James Walter McCann

Court of Appeals for the Eleventh Circuit · May 10, 2023

Further, the district court correctly de- termined that the actions Austin challenged were clearly judicial in nature -- including that Judge McCann and Hearing Officer McHugh had conducted a hearing … Nor does Austin’s allegation that he was de- nied due process -- which is belied by the record -- establish a com- plete lack of jurisdiction.