Case law

United States v. The Board Of Trustees For The University Of Alabama

908 F.2d 740 · Court of Appeals for the Eleventh Circuit · Aug 8, 1990

Two Supreme Court decisions have established important guidelines for interpreting section 504. In Southeastern Community College v. … Id. 46 UAB argues that its auxiliary aids policy, like the state's Medicaid program in Alexander, offers the same benefit to all qualified students.

Sunshine State Regional Center, Inc. v. Director, US Citizenship and Immigration Services

Court of Appeals for the Eleventh Circuit · Jul 10, 2025

The court reasoned that the Act’s text did not clearly “automatically deauthorize existing regional centers” and that some provisions revealed Congress’s intent not to do so. Id. at *3–5. … Something is “established” at a single moment in time.

Michael Palmer v. Richard Robbins

Court of Appeals for the Eleventh Circuit · Sep 7, 2023

Moreover, qualified immunity protects government officials performing discretionary functions from personal liability if their conduct “does not violate clearly established statutory or constitutional … We next consider whether Palmer proved a violation of his constitutional rights by Officer McBride that were clearly established at the time of the incident. See Keating v.

Joseph v. Zurich Life Insurance Co. of America

159 F. App'x 114 · Court of Appeals for the Eleventh Circuit · Dec 13, 2005

The insurer may make this showing on summary judgment by establishing that there were underlying facts known to the applicant that “clearly contradicted the information on the application. See, e.g., Mims v. … We cannot say that the district court abused its discretion in refusing to qualify Joseph’s expert. See Quiet Tech. DC-8, Inc. v.

Perry E. DOYAL, Plaintiff-Appellant, v. John O. MARSH, Jr., in His Official Capacity as Secretary of the Army, Defendant-Appellee

777 F.2d 1526 · Court of Appeals for the Eleventh Circuit · Dec 12, 1985

Moultry was qualified for his job. Rather than forwarding his objections through Mr. … In this case, the observations of the trial judge, although obiter dictum, are not clearly erroneous.

United States v. Pemco Aeroplex, Inc.

166 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Feb 8, 1999

I dissent because the Government’s complaint clearly states a cause of action, and the district court erred in dismissing it. … In addition, Pemco argues that the submission of the inventory form was merely an offer to purchase the excess wings but did not establish either an obligation to purchase or the specific purchase price.

Allen Stamps v. Gwinnett County School District

481 F. App'x 470 · Court of Appeals for the Eleventh Circuit · Jun 4, 2012

Batlle's testimony did not establish that H.S., S.S., and J.S. had to be educated at home because they had a nonspecific immune deficiency. … Batlle testified that the children's immune deficiency did not require preventative treatment, they did not have a “bonafide primary immune deficiency,” their immune systems “[would] improve just like anybody” with age,

Robert E. Rhodes v. Interstate Battery System of America, Inc., and Johnson Controls, Inc., Formerly Globe-Union, Inc.

722 F.2d 1517 · Court of Appeals for the Eleventh Circuit · Jan 16, 1984

In these circumstances, a battery would qualify as a “defective product” if consumers are not adequately warned of such dangers. … Here, the undisputed facts establish that the battery carried a warning of its dangers, that the warning clearly appeared on the top of the battery (the portion exposed to anyone attempting to service the battery), and that

United States v. Robert William Barton

909 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Dec 6, 2018

The magistrate judge had before him the competing scientific testimony of two qualified experts. … There may be no clearly correct answer and, indeed, reasonable minds can readily disagree on the appropriateness of admitting or excluding particular evidence.

North Buckhead Civic Ass'n v. Skinner

903 F.2d 1533 · Court of Appeals for the Eleventh Circuit · Jun 26, 1990

Then, before a draft of the EIS was written, studies were conducted, analyses done, pertinent data accumulated, and alternative means of attaining the established project goals were considered. … “When specialists express contrary views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive.”

Atlantic Land & Improvement Company v. United States

790 F.2d 853 · Court of Appeals for the Eleventh Circuit · Jun 3, 1986

The district court’s conclusion that the longshoremen were AL & I employees is not clearly erroneous. … In effect, the government must specifically establish each limitations defense and the taxpayer may qualify for each only by filing a proper return.

United States v. Simpson

228 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Sep 29, 2000

We review a district court's determination of the quantity of drugs used to establish a base offense level for sentencing purposes under the clearly erroneous standard. See United States v. … Murphy's trial testimony clearly established an illegal agreement between the two that began when Simpson propositioned Murphy in late 1995 to sell cocaine for him and then showed Murphy how to cut up the crack cocaine

United States v. Darrell Green

764 F.3d 1352 · Court of Appeals for the Eleventh Circuit · Sep 4, 2014

But even that guideline range did not qualify Green for a reduced sentence. … “And [the] defendant, as the § 3582(c)(2) movant, bears the burden of establishing that a retroactive amendment has actually lowered his guidelines range in his case.” United States v.

Common Cause Georgia v. Secretary, State of Georgia

17 F.4th 102 · Court of Appeals for the Eleventh Circuit · Oct 28, 2021

A plaintiff qualifies as a pre- vailing party entitled to attorneys’ fees under 42 U.S.C. § 1988 if there is a “material alteration of the legal relationship of the parties in a manner which Congress sought to promote in … independent review, the district court properly considered the relevant factors in analyzing whether the attorneys’ fees requested by Common Cause were reasonable and in setting the fee award, and its factual findings were not clearly

Gilbert v. Alta Health & Life Insurance

276 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Dec 27, 2001

Gilbert’s health insurance policy included employees other than himself and his wife; thus it qualifies as an ERISA employee benefit plan. R.I at Tab 1, Ex. 1. … In the instant case, the Solicitor General, for the United States as amicus curiae, has endeavored to qualify the argument advanced in Pilot Life. See Brief 20-25.

United States v. Richard Poirier, Jr.

321 F.3d 1024 · Court of Appeals for the Eleventh Circuit · Feb 13, 2003

The record clearly establishes that both defendants obstructed justice. They each provided false testimony to the Securities and Exchange Commission in an effort to conceal their conduct. … To qualify for an increase under § 3B1.1, “the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” U.S.S.G. § 3B1.1 n.2.

Harold Bruce London v. Fieldale Farms Corp.

410 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Jun 1, 2005

The disease attacks the immune system, particularly the B cells, which produce antibodies. [R. Vol. 6 p. 179-81]. 6 weighing and transportation claim. … Thus, Congress selected the Secretary as overseer, but established some restrictions with regard to the Secretary’s authority.

Marie Lucie Jean, Lucien Louis, Cross-Appellants, State of Florida, Intervenor-Appellant v. Alan C. Nelson, Cross-Appellees

711 F.2d 1455 · Court of Appeals for the Eleventh Circuit · Apr 12, 1983

Based on the lack of evidence, the district court’s findings are clearly erroneous. C. The Government’s Case 1. … This we established in Fisher v.

Lee v. Russell County Board of Education

684 F.2d 769 · Court of Appeals for the Eleventh Circuit · Sep 1, 1982

1981), and as modified by this circuit for application in discharge (as opposed to hiring) cases, is as follows: If plaintiff proves by a preponderance of the evidence that he or she is a member of a protected class, was qualified … Some are announced solely as ultimate findings without support which clearly reflected a choice between conflicting accounts of events or between alternative legal interpretations of those events.

Tony Lee Smith v. Governor For the State of Alabama

562 F. App'x 806 · Court of Appeals for the Eleventh Circuit · Apr 2, 2014

PLAINTIFF MUST CLEARLY SET FORTH THE FACTS CONCERNING ANY INCIDENT ABOUT WHICH HE COMPLAINS. … Smith’s act of filing suit against the defendants qualifies as constitutionally protected conduct, and prison transfers qualify as adverse actions for purposes of retaliation.