Case law

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

Jane Doe 1 v. Miami-Dade Co. Police Dept.

280 F. App'x 823 · Court of Appeals for the Eleventh Circuit · Jun 2, 2008

We conclude that the district court correctly determined that plaintiffs have alleged excessive force that violates clearly established constitutional rights of Allen. … immunity because their conduct violated the clearly established rights of Allen.

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

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.

Gerald Eugene Stano v. Robert A. Butterworth, Harry K. Singletary

51 F.3d 942 · Court of Appeals for the Eleventh Circuit · Apr 20, 1995

The Supreme Court subsequently clarified the meaning of the clearly erroneous standard of review of a district court’s findings of fact in Anderson v. … In the instant ease, Stano has not established any Sixth Amendment violation, and there is no basis for habeas relief. III. JOHNSON v.

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.

Florida Department of Banking and Finance v. Board of Governors of the Federal Reserve System, Florida Bankers Association, and Sun Bank/palm Beach v. Board of Governors of the Federal Reserve System

760 F.2d 1135 · Court of Appeals for the Eleventh Circuit · May 20, 1985

As the dissent clearly stated: 29 although the majority feels compelled to approve the application on grounds that U.S. … It suffices that Florida has spoken clearly that it does not want out-of-state bank holding companies to establish banking operations in Florida. 17 To approve the U.S.

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 .

Karun N. Jackson v. Specialized Loan Servicing LLC

898 F.3d 1348 · Court of Appeals for the Eleventh Circuit · Aug 3, 2018

The Defendants are subject to the aforesaid Regulations and do not qualify for the exception for "small servicers” as defined in 12C.F.R. § 1026.41(e)(4) or the exemption for a “qualified lender” as … The debt is the loan for the Plaintiffs’ house and thus qualifies as a consumer or personal debt under the FDCPA.

Merianne Pierre v. Michael Johnson

Court of Appeals for the Eleventh Circuit · Feb 23, 2018

In that motion, Defendants claimed an entitlement to qualified immunity with respect to Destra’s § 1983 claims, and individual immunity under Florida Statute § 768.28(9)(a) with respect to his state-law claims. … immunity.

Focus on the Family v. Pinellas Suncoast Transit Authority

344 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Sep 9, 2003

Clearly defamatory or likely to hold up to scorn or ridicule any person or group of persons; or 3. … In other words, if an advertisement clearly is impermissible under PSTA’s guidelines, then Eller may simply reject it out of hand.

Donya Mitchell v. Gene Pope

189 F. App'x 911 · Court of Appeals for the Eleventh Circuit · Jul 14, 2006

Ellerth, 118 S.Ct. 2257 (1998), and (2) were entitled to Eleventh Amendment immunity and qualified immunity on Plaintiff’s § 1983 claims. 6  Plaintiff also points to … Suders, 124 S.Ct. 2342, 2347 (2004) (to establish constructive discharge, plaintiff must show that the abusive working environment became so intolerable that her resignation qualified as a fitting response).

Ylia Lavender v. City of Atlanta, Georgia

164 F. App'x 962 · Court of Appeals for the Eleventh Circuit · Feb 2, 2006

Bunn contends that qualified immunity is a complete defense to Lavender’s excessive force claims and official immunity is a complete defense to all of Lavender’s state law tort claims. … We reject that argument and find that we do have jurisdiction in a case such as this case, where the district court has held that, under the plaintiff’s version of the facts, an officer has violated clearly established

Equity Lifestyle Properties, Inc. v. Florida Mowing & Landscape Service, Inc.

556 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Feb 4, 2009

Such denial placed the burden of proof on Florida Mowing to establish that it had performed the work indicated in its invoices. … We review under the clearly erroneous doctrine the court’s fact finding on this preliminary issue. See SunAmerica Corp. v.

State of Florida, Department of Insurance v. National Amusement Purchasing Group, Inc., Risk Retention Service Corporation, Bel-Air Insurance Company

905 F.2d 361 · Court of Appeals for the Eleventh Circuit · Jul 9, 1990

Congress clearly could have provided for such preemption. … Again, the court declines to read into a statute that was carefully crafted, a prohibition that was not clearly and explicitly included by Congress.

Treva Thompson v. Secretary of State for the State of Alabama

65 F.4th 1288 · Court of Appeals for the Eleventh Circuit · Apr 26, 2023

Appel- lants’ attempt to do so here would produce a clearly absurd result. See United States ex rel. Hunt v. … The AOC sought to cor- rect the problem so that only the AOC list would be used to dis- qualify voters.

Freeman v. City of Mobile, Alabama

146 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Jul 21, 1998

On appeal, Appellants argue that the City has not qualified for a 7(k) exemption, that the Supreme Court’s recent decision in Auer v. … to hold that the City’s sergeants and lieutenants do not qualify for the executive exemption because they are subject to pay-docking.

Alfonso DARNELL, Plaintiff-Appellant, v. CITY OF JASPER, ALABAMA, a Municipal Corporation, Defendant-Appellee

730 F.2d 653 · Court of Appeals for the Eleventh Circuit · Apr 23, 1984

The court reasoned that because the Civil Service Board possessed the authority under state law to establish mandatory eligibility rosters and because Darnell did not bring the Board into the suit, the court was powerless … In remanding this case, we also note that Darnell must pass the civil service examination in order to qualify for any back pay award.

United States v. Milton R. Wasman

700 F.2d 663 · Court of Appeals for the Eleventh Circuit · Mar 17, 1983

The alternative would be total immunization of the predating offense from consideration at any time. … Beyond his concern for “pyramiding” sentences, a mere accusation does not establish that the charged conduct was that of the defendant.