Case law

Penalty Kick Management Ltd. v. Coca Cola Company

318 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Jan 24, 2003

Hence, even if all of the information is publicly available, a unique combination of that information, which adds value to the information, also may qualify as a trade secret. … The record clearly supports the district court’s ruling.

Jones v. American General Life & Accident Insurance

370 F.3d 1065 · Court of Appeals for the Eleventh Circuit · May 18, 2004

contributions for continued medical coverage is to read into the summary something its authors did not put there (a promise to provide lifetime ‘paid up’ medical insurance), while reading out of the summary something that clearly … According to the Court, “given [the objectives outlined in §§ 2(b) and 404(a)], it is hard to imagine why Congress would want to immunize breaches of fiduciary obligation that harm individuals by denying injured beneficiaries

Linda Michael v. James Crosby

430 F.3d 1310 · Court of Appeals for the Eleventh Circuit · Nov 21, 2005

“[A] federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Id. at 409, 120 S. Ct. 1495. … “[A] federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly

Braun v. Soldier of Fortune Magazine, Inc.

968 F.2d 1110 · Court of Appeals for the Eleventh Circuit · Aug 13, 1992

Duty Under Georgia Law To prevail in an action for negligence in Georgia, a party must establish the following elements: (1) A legal duty to conform to a standard of conduct raised by the law for the protection of others … protected speech, we observe that the Supreme Court has squarely rejected the notion that the First Amendment interest in protected speech requires that "publishers and broadcasters enjoy an unconditional and indefeasible immunity

Chandler v. Miller

73 F.3d 1543 · Court of Appeals for the Eleventh Circuit · Jan 22, 1996

This rule is no more than a recognition of a State’s constitutional responsibility for the establishment and operation of its own *1548 government, as well as the qualifications of an appropriately designated class of public … We think an audience would much more clearly perceive the intended message of one who burns a draft card than the message of one who declines to take a drug test. See generally Clark v.

Somer v. Johnson

704 F.2d 1473 · Court of Appeals for the Eleventh Circuit · May 16, 1983

To hold one liable it must be shown that the course which he pursued was clearly against the course recognized as correct by his profession. 8 99 So.2d at 577 . … The use of the word "however" suggests that those statements qualify or relax the standard of liability enunciated earlier.

Equifax Inc., a Corporation v. Federal Trade Commission

678 F.2d 1047 · Court of Appeals for the Eleventh Circuit · Jun 18, 1982

Equifax stoutly maintains that to establish a section 607(b) violation it is essential that inaccuracy be proved. … The distinction is clearly not without significance. 5 .

John Angus Wright v. Sec. For the Dept. of Correc.

278 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Jan 10, 2002

. § 2254(d)(1), the district court held that the state appellate court’s decision on this issue was neither contrary to, nor involved an unreasonable application of, clearly established federal law as determined by the … The clearly established federal law on this issue, as determined by the Supreme Court, is set out in Drope v. Missouri, 420 U.S. 162, 95 S. Ct. 896 (1975), Pate v. Robinson, 383 U.S. 375, 86 S.

National Labor Relations Board v. Hayden Electric, Inc.

693 F.2d 1358 · Court of Appeals for the Eleventh Circuit · Dec 20, 1982

Hayden Electric did not pay any at the higher rate established in the new labor agreement. … to clearly demonstrate that the Respondent delegated authority to the Council to represent it in future negotiations with the Union.

United States v. Carmen Gonzalez

834 F.3d 1206 · Court of Appeals for the Eleventh Circuit · Aug 23, 2016

Jude was set up ostensibly as a clinic to provide Rho(D) immune globulin (“WinRho”) infusion treatments to HIV patients with thrombocytopenia. … WinRho is a medication consisting of concentrated antibodies that treat the problem that causes a person’s immune system to destroy his or her own platelets.

Che Nash v. Palm Beach County School District

469 F. App'x 712 · Court of Appeals for the Eleventh Circuit · Feb 16, 2012

Davis, 245 F.3d at 1245. 5 Because this case is a circumstantial evidence case, the burden-shifting framework established in McDonnell Douglas Corp. v. … that Licata’s conduct violated his constitutional rights and, thus, we need not address whether Licata was entitled to qualified immunity. 6

United States v. Bishop Capers

708 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Feb 14, 2013

Little had failed to make the required showing to overcome the qualified journalists’ privilege. On appeal, Mr. … Our Circuit recognizes a qualified privilege for journalists, allowing them to resist compelled disclosure of their professional news gathering efforts.

Carroll v. SECRETARY, DOC

574 F.3d 1354 · Court of Appeals for the Eleventh Circuit · Jul 17, 2009

We also hold the state trial court reasonably applied the controlling Supreme Court precedent (Atkins) and thus its decision was not “contrary to” or “an unreasonable application of” clearly established federal law. … CONCLUSION Carroll has failed to demonstrate the state court’s conclusion that he was not entitled to relief under Atkins was “contrary to” or “an unreasonable application of” clearly established federal law or “

United States v. Richard Rutgerson

822 F.3d 1223 · Court of Appeals for the Eleventh Circuit · May 12, 2016

Where an underage prostitute holds herself out as willing to engage in sex for money, the offer to pay that money qualifies as sufficient inducement under § 2422(b). … On the other hand, if you believe that the evidence establishes beyond a reasonable doubt that Mr.

Reiyn Keohane v. Florida Department of Corrections Secretary

981 F.3d 994 · Court of Appeals for the Eleventh Circuit · Dec 3, 2020

We are denying en banc rehearing in a case that objectively qualifies for it under the Federal Rules of Appellate Procedure and that indeed demands it to preserve the sanctity of the prior-precedent rule and the important … Keohane’s rogue interpretation of the prior-precedent rule certainly qualifies as such a threat.

Willie C. Smith v. Mary Anne Belle

321 F. App'x 838 · Court of Appeals for the Eleventh Circuit · Mar 20, 2009

Belle then filed a motion to dismiss Smith’s amended complaint, arguing that Smith failed to state a claim against her and that she was entitled to prosecutorial and qualified immunity. … To state a claim for relief under § 1985(3), a plaintiff must establish that there was “some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.” Griffin v.

Johnny L. Robinson v. Michael W. Moore

300 F.3d 1320 · Court of Appeals for the Eleventh Circuit · Aug 8, 2002

“Contrary to” We first conclude that the Florida Supreme Court’s decision in this case was not “contrary to” clearly established federal law as determined by the United States Supreme Court. … This Court need not resolve what qualifies as a “torture” murder.

United States v. Robert Jennings

Court of Appeals for the Eleventh Circuit · Mar 16, 2010

with evidence that Standridge was a knowing and willing participant in the scheme: Standridge owned fifty-one percent of MRIK’s stock and was its controlling person and as Brown’s testimony made clear, he and Standridge established … Touchet argues (1) he did not qualify for a three level enhancement as a “manager or supervisor”; (2) he did not qualify for a two level enhancement for obstruction of justice; (3) he did not qualify for a two level enhancement

74 Fair empl.prac.cas. (Bna) 578, 70 Empl. Prac. Dec. P 44,763, 11 Fla. L. Weekly Fed. C 32 Herbert Johnson v. City of Fort Lauderdale, a Florida Municipal Corporation

114 F.3d 1089 · Court of Appeals for the Eleventh Circuit · May 30, 1997

Such concern with § 1981's scope does not establish that Congress intended to limit § 1983's scope. … Prince George's County, 827 F.2d 952, 958 (4th Cir.1987) (concluding that the legislative history behind Title VII as originally amended by the Equal Employment Opportunity Act of 1972 "clearly indicates" that the Act was

United States v. Augustin Gonzalez

71 F.3d 819 · Court of Appeals for the Eleventh Circuit · Jan 4, 1996

Nevertheless, he clearly violated the other prohibitions of § 111(a)(1). 18 . … Lyles, 946 F.2d 78, 81 (8th Cir.1991) (such evidence sufficient to establish possession); United States v.