Case law

Independent Insurance Agents of Huntsville, Inc. v. Commissioner of Internal Revenue

998 F.2d 898 · Court of Appeals for the Eleventh Circuit · Aug 20, 1993

In fact, IIAH argues on appeal that the tax court was clearly erroneous in its findings as to whether these things were indeed accomplished. … There was also evidence of oversight by IIAH's Association Agency Assignment and Review Committee to ensure that such comparison shopping occurred, although the tax court found the proffered testimony insufficient to establish

Doe ex rel. Doe v. Alabama State Department of Education

915 F.2d 651 · Court of Appeals for the Eleventh Circuit · Oct 24, 1990

Robinson, 468 U.S. 992, 1010-11 , 104 S.Ct. 3457, 3467-68 , 82 L.Ed.2d 746 (1984) (noting that the EHA not only establishes an enforceable substantive right to a free appropriate public education, but it also establishes … In Tice, the School Board violated evaluation time limits established by state regulations.

Stock Equipment Company, a Unit of General Signal Corporation v. Tennessee Valley Authority

906 F.2d 583 · Court of Appeals for the Eleventh Circuit · Jul 19, 1990

The determination of the parties’ intent is a factual finding that will not be reversed by an appellate court unless it is clearly erroneous. See Brewer v. … because, as the Board explained when denying the contractor’s motion for reconsideration, “the appeal record [did] not show any substantiation of most of appellant’s claim by engineering or production estimates made by qualified

Richard Jackson v. William Jones

Court of Appeals for the Eleventh Circuit · Jun 12, 2026

And surely no one is asserting that the Jones leadership committee has Eleventh Amendment immunity as an alter ego of the State of Georgia. … Jackon established a likelihood of success on the state action issue.

Christine B. May v. Morgan County Georgia

878 F.3d 1001 · Court of Appeals for the Eleventh Circuit · Dec 21, 2017

The court rejected the County’s preclusion argument, but ruled that May could not meet her burden of establishing the affirmative defense of a grandfathered right anyway. … The doctrine’s boundaries are not always clear, but they are clearly narrow.

Richard Jordan v. Georgia Department of Corrections

947 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Jan 10, 2020

. § 636(b)(1). 8  Case: 17-12948 Date Filed: 01/10/2020 Page: 9 of 45 The Federal Magistrate’s Act lists several examples of motions that qualify … court’s reliance on the statute 38  Case: 17-12948 Date Filed: 01/10/2020 Page: 39 of 45 had “federalize[d] the Ohio secrecy law as a common-law privilege for immunity

Beverly Gilliard v. Georgia Department of Corrections

500 F. App'x 860 · Court of Appeals for the Eleventh Circuit · Dec 7, 2012

The defendants respond that Gilliard’s FMLA claims against GDC and the individual defendants in their official capacities are barred by Eleventh Amendment immunity. … Gilliard argues that she established a prima facie case for disability discrimination under the Rehab Act and the ADA because she is a qualified individual with a 9

Robert Cusick v. Yellowbook, Inc.

607 F. App'x 953 · Court of Appeals for the Eleventh Circuit · Apr 20, 2015

To establish a prima facie case of association discrimination under the ADA, the plaintiff may show: “(1) that [he] was subjected to an adverse employment action; (2) that [he] was qualified for the job at that time; (3 … In fact, reflecting upon his termination and performance, Cusick expressly acknowledged that “[t]he disappointments clearly outweigh the accomplishments.”

Martha Burk v. Augusta-Richmond County

365 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Apr 15, 2004

Nonetheless, a prior restraint may be approved if it qualifies as a regulation of the time, place, and manner of expression rather than a regulation of content. Ward v. … The County also frames this as a “well-established practice,” see, e.g., City of Lakewood v.

Donald N. Denson v. J.E. Stack, Jr.

997 F.2d 1356 · Court of Appeals for the Eleventh Circuit · Aug 13, 1993

Stack was required to deliver evidence of marketable title in the form of a title insurance commitment from a qualified title insurer. The commitment was to insure Denson for the purchase price. … Based upon all of these factors, we conclude that the district court clearly erred in finding that Stack possessed marketable title to Devil’s Hammock.

United States v. Max Jeri

869 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 5, 2017

“An abuse of discretion occurs if the district court applies an incorrect legal standard or makes findings of fact that are clearly erroneous.” Id. … To establish a violation of Brady, then, “a defendant must show that: (1) the prosecution suppressed evidence; (2) the evidence was favorable to him; and (3) the evidence was material to the establishment of his guilt

Watford v. Federal Land Bank of Columbia (In re Watford)

898 F.2d 1525 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

On January 25, 1988, the Federal Land Bank of Columbia (the “Bank”), a creditor, moved to convert or dismiss the appellants’ Chapter 12 case, contending that appellants did not qualify for relief under Chapter 12 because … In re Sobel, 37 B.R. 780, 784 (Bankr.E.D.N.Y.1984), and a fear that some debtors will lie to achieve relief is a disingenuous reason to establish a hard and fast rule which denies truthful debtors relief.”

United States v. Bernard Adams

316 F.3d 1196 · Court of Appeals for the Eleventh Circuit · Jan 2, 2003

That’s established by United States vs. Webb, 139 F.3d 1390, an Eleventh Circuit 1998 case. So, I recognize the discretion. I choose not to depart downward. … There are a number of cases I see where people have two qualifying offenses; and, as a result of two or more qualifying offenses, they are treated a career offender [sic].

Chandler v. Siegleman

Court of Appeals for the Eleventh Circuit · Jul 13, 1999

If that failed, the principal could assert a defense of qualified immunity, on the ground that liability for “permitting” a prayer at graduation is not clearly 25 The fact that exhaustion of state remedies … It was therefore properly the subject of an injunction.28 27 “[T]he qualified immunity test is simply the adaptation of the fair warning standard [from criminal law] to give officials (and, ultimately,

International Brotherhood of Electrical Workers, Local Union No. 199 v. United Telephone Company of Florida

738 F.2d 1564 · Court of Appeals for the Eleventh Circuit · Aug 20, 1984

standby, emergency call-out and all other work periods other than those provided in Section 3.01 A and B of this Article shall be rotated, as far as possible, among the employees who have completed the probationary period, qualified … Any broader reading of the Ethyl Corp. decision would clearly conflict with our holding in New Orleans S.S. 11 .

Collins Ex Rel. Estate of Knowlton v. Marriott International, Inc.

749 F.3d 951 · Court of Appeals for the Eleventh Circuit · Apr 14, 2014

“Inferences may be pyramided only if the initial inference is established to the exclusion of any other reasonable theory.” Hurst v. Astudillo, 631 So. 2d 380 (Fla. 3d DCA 1994). … Mikesell, 12 So. 3d 838, 842 (Fla. 5th DCA 2009) (holding “the damages award of zero dollars was clearly inadequate in light of the substantial evidence at trial of economic and noneconomic damages” resulting from husband

United States v. Jessie James Turner, Jr.

61 F.4th 866 · Court of Appeals for the Eleventh Circuit · Mar 1, 2023

Barnette said that “after his arrest he was able to very clearly explain to officers what had happened, he was able to say that he knew, you know, what had taken place. He did that clearly, yes.” … Voluntary intoxication thus cannot qualify as a severe mental disease or defect under § 17(a).

United States v. Junior Jean Baptiste

935 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 28, 2019

Indeed, it’s well established that “[i]n determining the relevant facts, sentencing judges are not restricted to information that would be admissible at trial.” Id. at cmt. … Clearly the latter, we think. For one, 3 One loose end: After Lee but before Gordon, in United States v.

OSI, Inc. v. United States

285 F.3d 947 · Court of Appeals for the Eleventh Circuit · Mar 12, 2002

The Discretionary Function Exception The FTCA does not provide for a complete waiver of the federal government's sovereign immunity. … Gaubert, 499 U.S. 315, 111 S.Ct. 1267 (1991), clearly establish that the first prong of the exception is satisfied unless "a federal statute, regulation, or policy specifically prescribes a course of action for an employee

Brotherhood of Locomotive Engineers & Trainmen General Committee of Adjustment CSX Transportation Northern Lines v. CSX Transportation, Inc.

522 F.3d 1190 · Court of Appeals for the Eleventh Circuit · Apr 4, 2008

Therefore, federal courts have refused to toll the statute of limitations period established by § 153 First (r).4 The RLA “should be literally applied in the absence of a clear showing of a contrary or qualified intention … Clearly, Congress meant an award to be final and binding at this point.”); Gatlin v. Missouri Pac. R.R.