Case law

Richard Hunstein v. Preferred Collection and Management Services, Inc.

48 F.4th 1236 · Court of Appeals for the Eleventh Circuit · Sep 8, 2022

Even if the Supreme Court had not so clearly rejected the dissent’s mail-vendor theory, Hunstein’s claim would still fail. … The Supreme Court didn’t “expressly” (or “clearly”) do much of anything relevant to this appeal in that footnote, Pryor Concurring Op. at 1, 2, 5, 14, let alone anticipatorily reject my “theory.”

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

Bankr. L. Rep. P 70,684 in the Matter of Rodney P. Miller v. Shallowford Community Hospital, Inc., Robert Trauner, Trustee

767 F.2d 1556 · Court of Appeals for the Eleventh Circuit · Aug 12, 1985

This asset was in the form of a contractual right to or a cause of action for the maximum optional PIP benefits as established in the Jones case. … We need not decide, of course, whether, on a McFa-ther rationale, a debtor-insured would be immune from fraud penalties in a bankruptcy proceeding for failure to schedule a Jones claim prior to the Georgia Supreme Court's

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.

Patricia M. Skelly v. Okaloosa County Board of County Commissioners

415 F. App'x 153 · Court of Appeals for the Eleventh Circuit · Feb 17, 2011

immunity, viewing the evidence and making reasonable inferences in the light most favorable to the non-moving party. … Ct. 1769 (2007), the district court stated that “even in the absence of a videotape of the incident . . . the undisputed, uncontradicted evidence 3 in the record clearly reveals

United States v. Xiulu Ruan

966 F.3d 1101 · Court of Appeals for the Eleventh Circuit · Jul 10, 2020

To establish prosecutorial misconduct, a defendant must establish that the remarks were improper and that they prejudicially affected his substantial rights. United States v. … Here, the district court did not clearly err in concluding that at least 10.6% of the prescriptions were illegal.

Stephen Ganstine v. Secretary, Florida Department of Corrections

502 F. App'x 905 · Court of Appeals for the Eleventh Circuit · Dec 26, 2012

To establish a prima facie case of retaliation, Mr. … Garrett, 531 U.S. 356, 374 (2001) (holding that Congress did not validly abrogate states’ sovereign immunity for private suits seeking money damages under Title I of the ADA).

Harris v. Garner

216 F.3d 970 · Court of Appeals for the Eleventh Circuit · Jun 27, 2000

In light of today’s decision, whenever Congress enacts a statute that qualifies the right of a person to “bring” or “commence” or “institute” an action under federal law, district courts in the Eleventh Circuit will have … Homes is in doubt, when the only evidence the majority cites for that proposition is a Supreme Court case that is clearly inapposite. .

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.

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.

Hill v. National Insurance Underwriters, Inc.

641 F. App'x 899 · Court of Appeals for the Eleventh Circuit · Jan 14, 2016

But not all remand orders are immune from review. The Supreme Court has held that § 1447(d)’s broad language must be construed together with § 1447(c). See Thermtron Prods., Inc. v. … Plaintiff argues that the remand order qualifies under this exception because Plaintiff had filed a motion to remand before the court remanded on a procedural ground.

Royal Cup, Inc. v. Jenkins Coffee Service, Inc.

898 F.2d 1514 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

the criteria on the basis of which an account would qualify as active. … II. 42 Royal Cup relies on the well-established principle that a court must attempt to reconcile a jury's apparently inconsistent answers to special interrogatories. See Gallick v.

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.

United States v. Rosario-Oquendo

370 F. App'x 24 · Court of Appeals for the Eleventh Circuit · Mar 12, 2010

More than one person can qualify as a “leader” or “organizer” of a criminal conspiracy for purposes of receiving the role enhancement. See U.S.S.G. § 3B1.1, comment. (n.4). … Accordingly, the district court did not clearly err in applying the four-level § 3Bl.l(a) en *29 hancement. See Rendon, 354 F.3d at 1331 .

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.

79 Fair empl.prac.cas. (Bna) 497, 75 Empl. Prac. Dec. P 45,789, 12 Fla. L. Weekly Fed. C 557 Paul Schoenfeld v. Bruce Babbitt, in His Official Capacity as Secretary of Interior for the United of America

168 F.3d 1257 · Court of Appeals for the Eleventh Circuit · Mar 4, 1999

Using this process, he ranked Schoenfeld as the most qualified applicant. … Prima Facie Case 36 In a traditional failure-to-hire case, the plaintiff establishes a prima facie case by showing that: (1) he was a member of a protected class; (2) he applied and was qualified for a position for which

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.

Marshall v. City Of Cape Coral

797 F.2d 1555 · Court of Appeals for the Eleventh Circuit · Sep 3, 1986

The uncontroverted facts here establish that these requirements were met and Marshall does not assert that they were not. Thus, there is no genuine issue of material fact that the pre-termination procedures afforded Mr. … Kuyk enjoyed an absolute immunity under Florida law in connection with the dismissal memorandum. See, e.g., Skoblow v. Ameri-Manage, Inc., 483 So.2d 809 (Fla. 3d DCA 1986); Kribs v.

John Dillard v. Baldwin County Commissioners

225 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Sep 8, 2000

See Complaint, ¶ 14 (alleging that “Plaintiff-Inter-venors ... are residents, citizens, and qualified electors of Baldwin County, Alabama. … The Eleventh Amendment protects state sovereign immunity in federal courts. See Idaho v. Coeur d’Alene Tribe of Idaho, 521 U.S. 261, 267 , 117 S.Ct. 2028, 2033 , 138 L.Ed.2d 438 (1997).

Montre' Merritt v. Corey Gay

677 F. App'x 637 · Court of Appeals for the Eleventh Circuit · Feb 23, 2017

As to the § 1983 claims, the district court concluded that Merritt failed to show that Officer Gay violated his Fourth Amendment rights or, alternatively, that those Fourth Amendment rights were clearly established. … As to the state law claims, the district court concluded that Gay enjoyed official immunity because he was performing discretionary acts during the traffic stop and Merritt had not shown that Gay acted with actual malice