Case law

United States v. Lanzon

639 F.3d 1293 · Court of Appeals for the Eleventh Circuit · May 4, 2011

The district court did not abuse its discretion by admitting the transcripts, or clearly err in accepting as fact Detective Clifton’s authenticating testimony. … Lanzon also does not suggest how additional material would “qualify, explain, or place into context” the portion admitted into evidence. See id. D.

Michael Riolo v. United States

38 F.4th 956 · Court of Appeals for the Eleventh Circuit · Jun 29, 2022

The district court also established that Riolo understood how the sentencing process would work following his guilty plea. … The discrepancy, which Van Vliet explained to the district court’s satisfaction, does not establish that the court’s finding was clearly erroneous.

Keidrick C. Wooten v. Quicken Loans, Inc.

Court of Appeals for the Eleventh Circuit · Nov 23, 2010

We cannot conceive of a circumstance in which the charging of loan discount points would qualify under our definition of “service.” … The district court dismissed Count II on the ground that the complaint’s allegations failed to establish that Quicken breached its contracts with the Wootens and Buckhaults. We affirm the court’s ruling.

Douglas Lamm v. State Street Bank and Trust

Court of Appeals for the Eleventh Circuit · Apr 14, 2014

Rule 206(4)-2 the proposition that custodian banks engaged as “qualified custodians” owe customers a duty of protection from ill-intentioned investment advisors. … Capital 18  Case: 12-15061 Date Filed: 04/14/2014 Page: 19 of 25 Rule were clearly worried about investor advisors misusing client assets, or advisors

Newland v. Hall

527 F.3d 1162 · Court of Appeals for the Eleventh Circuit · May 14, 2008

With one caveat, whatever would qualify as an old rule under our Teague jurisprudence will constitute “clearly established Federal law, as determined by the Supreme Court of the United States” under § 2254(d)(1)---- The one … came down on October 1, 2002, before Wiggins and Rompilla were decided, these two decisions still constitute “clearly established Federal law,” for the Williams Court instructed that “whatever would qualify as old rule under

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

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. David Byron Copeland

Court of Appeals for the Eleventh Circuit · Jan 9, 2026

Second, Copeland must establish that the error was plain. … Here, the district court did not err—clearly or otherwise— by applying an upward adjustment under U.S.S.G. § 3B1.1.

United States v. Kaley

579 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Aug 18, 2009

Protective orders designed to preserve forfeitable assets, like the one in this case, qualify as injunctions for the jurisdictional purposes of § 1292(a)(1). United States v. … To constitute an “overruling” for the purposes of this prior panel precedent rule, the Supreme Court decision “must be clearly on point.” Garrett v.

Pankajkumar S. Patel v. U.S. Attorney General

917 F.3d 1319 · Court of Appeals for the Eleventh Circuit · Mar 6, 2019

The parties agree that Patel meets all the statutory criteria for adjustment of status except one: the applicant must show "clearly and beyond doubt" that he is not inadmissible. … . § 1229a(c)(2) (in a removal proceeding, an alien applying for admission "has the burden of establishing ... that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible").

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cohen

62 F.3d 381 · Court of Appeals for the Eleventh Circuit · Aug 30, 1995

The Federal Arbitration Act, 9 U.S.C. § 1 , et. seq., “establishes a ‘federal policy favoring arbitration.’ ” Shearson/American Express, Inc. v. … “When general positions in a contract are qualified by the specific provisions, the rule of construction is that the specific provisions in the agreement control.” Goldberg v.

The City of Pompano Beach, a Florida Municipal Corporation v. Federal Aviation Administration, James C. Brettman, Intervenor

774 F.2d 1529 · Court of Appeals for the Eleventh Circuit · Nov 4, 1985

All the mechanics have mechanics’ licenses, and the pilots are qualified to instruct. … Bankruptcy and lien provisions in the proposed Brettman lease are also clearly disadvantageous.

Elizabeth Picon v. Gallagher Bassett Services, Inc.

548 F. App'x 561 · Court of Appeals for the Eleventh Circuit · Nov 19, 2013

“Notwithstanding [this] denial . . . , Coastal [Masonry] denied that it had waived workers’ compensation immunity and further asserted that immunity as an affirmative defense.” Id. … of tort immunity asserted by Ocean Reef.”

Gregory Solomon v. Liberty County Commissioners

221 F.3d 1218 · Court of Appeals for the Eleventh Circuit · Aug 10, 2000

Id. at 1570 . 5 After recognizing that "it will be only the very unusual case in which plaintiffs can establish the existence of the three Gingles factors but still have failed to establish a violation of section 2," id. … The plaintiff, Gregory Solomon, testified that Jennings may have been included in a candidate slate in 1980, but qualified his answer by speculating that "Mr.

United States v. Albert Jordan

429 F.3d 1032 · Court of Appeals for the Eleventh Circuit · Nov 3, 2005

Far from viewing those findings as clearly erroneous, we agree with all of them and would reach the same findings ourselves if the matter were before us in the first instance. … Jordan assumes that a district court rulings in earlier proceedings of a case could qualify as law of the case, which is a doubtful proposition.

United States v. Cullen Horace Williams

728 F.2d 1402 · Court of Appeals for the Eleventh Circuit · Apr 2, 1984

Curry, 681 F.2d 406 (5th Cir.1982), for the proposition that Williams’ failure to testify is irrelevant because good faith can be established by circumstantial evidence. Id. at 416 n. 25. … The court found that the state election act was ambiguous in defining the term “contribution” and the jury could conceivably believe that Curry did not realize the money he was receiving qualified as “contributions.”

Larre Anthony Holland v. City of Auburn, Alabama

657 F. App'x 899 · Court of Appeals for the Eleventh Circuit · Aug 3, 2016

immunity. … immunity defense. 7  Case: 15-15654 Date Filed: 08/03/2016 Page: 8 of 13 Id.; see Grider v.

City of Tuscaloosa v. Harcros Chem.

Court of Appeals for the Eleventh Circuit · Oct 23, 1998

He is no more qualified than Dr. McClave to testify on opinions based on economic theory. … Furthermore, we point out that Lanzillotti’s professed market definition is clearly wrong.

Women's Emergency Network v. Jeb Bush

323 F.3d 937 · Court of Appeals for the Eleventh Circuit · Mar 7, 2003

The first and fourth factors are clearly satisfied in this case, as they would be in almost any case. … Under the doctrine of absolute legislative immunity, a governor cannot be sued for signing a bill into law. Supreme Ct. of Va. v.

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 36 Because this test adheres so closely to the language of the Act and, therefore, clearly reflects Congressional intent, we adopt it.