Case law

Melton v. Secretary, Florida Department of Corrections

778 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Mar 3, 2015

Melton’s Simmons argument was not an unreasonable application of clearly established Supreme Court precedent. See 28 U.S.C. § 2254 (d)(1). … There are no procedural obstacles in the way of our establishing circuit precedent. For all of these reasons, I would grant Mr.

Jessica Nelson v. Experian Information Solutions Inc.

Court of Appeals for the Eleventh Circuit · Jul 18, 2025

And we quite clearly rejected Nelson’s argument in our decision in Muransky. So we must follow that intervening en banc decision. … See Muransky, 979 F.3d at 928 n.3 (“Both identity theft and a material risk of identity theft plainly qualify as injuries . . . .”) (emphasis added).

Jorge O. Arevalo v. U.S. Attorney General

872 F.3d 1184 · Court of Appeals for the Eleventh Circuit · Oct 6, 2017

. § 1182(a)(2)(A) (establishing that an alien who has committed a crime involving moral turpitude is generally inadmissible). … DISCUSSION The BIA clearly and directly addressed the legal question at issue here in its published, precedential opinion Matter of Y-N-P-, 26 I & N Dec. 10 (BIA 2012).

Thomas George Hyland v. Secretary, DOC

Court of Appeals for the Eleventh Circuit · Aug 29, 2007

To overcome qualified immunity, the plaintiff must satisfy a two prong test. … He must show that: (1) the defendant violated a 6 constitutional right, and (2) this right was clearly established at the time of the alleged violation. Id.

Federal Deposit Insurance Corporation v. The Merchants National Bank of Mobile

725 F.2d 634 · Court of Appeals for the Eleventh Circuit · Feb 24, 1984

1823 (e) (1976) Congress gave to assets acquired by the Federal Deposit Insurance Corporation special protections that are not available to ordinary holders of commercial paper and are not dependent on whether FDIC would qualify … In the circumstances of this case, as against MNB, FDIC may rely on the books and records of WCB to establish its ratable participation in the guaranteed portion of the Ball-Co loan. We decide only this case.

Wilmington Trust Co. v. Manufacturers Life Insurance

749 F.2d 694 · Court of Appeals for the Eleventh Circuit · Jan 3, 1985

company’s guidelines do not consider helicopters to be more dangerous than airplanes; that in the absence of extraordinary circumstances, commercial airline pilots, a private pilot flying 200 to 300 hours a year, and a fully qualified … We are not dealing here with constructive delivery for purposes of establishing the existence, i.e., coverage, of a valid contract. See e.g., Prudential Insurance Company of America v.

Harris v. Garner

190 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Sep 30, 1999

To argue that these cases establish some general right to a damages remedy for every claimed constitutional violation, however, is to sweep too broadly. … If it did, we would have to rule unconstitutional our doctrines of absolute and qualified immunity. We therefore join the Seventh and D.C.

Blue Cross & Blue Shield v. Nielsen

142 F.3d 1375 · Court of Appeals for the Eleventh Circuit · Jun 9, 1998

(2) Non-profit corporations for establishment of hospitalization plan under § 10-4-100, et seq., except to the extent now or hereafter provided in such laws.... … According to the providers, the exempting statutes run afoul of that constitutional prohibition by affording Blue Cross a greater immunity from legislation affecting insurance companies than that which is available to other

National Association For The Advancement Of Colored People, A/K/A Naacp v. The City Of Evergreen, Alabama

812 F.2d 1332 · Court of Appeals for the Eleventh Circuit · Feb 27, 1987

On November 19, 1984, the NAACP filed a motion for further relief and a contempt citation alleging that the Evergreen Police Department engaged in a policy and practice of hiring white employees over equally or better qualified … Clearly, travel time would not vary with the number of claims on which the NAACP prevailed. B.

William B. Larkin Louise Seals, as Personal Representative of Spurgeon Seals, Deceased Lillie Lofton, as Personal Representative of Edward Lofton, Deceased Jesse B. Terry, on Behalf of Himself and Others Similarly Situated v. Pullman-Standard Division, Pullman, Inc., a Corporation, Defendant- Louis Swint and Willie James Johnson, on Behalf of Themselves and Others Similarly Situated Clyde Humphrey v. Pullman-Standard, Bessemer, Alabama United Steelworkers of America Local 1466 and United Steelworkers of America, Afl-Cio, International Association of MacHinists Louis Swint, and Willie James Johnson, on Behalf of Themselves and Others Similarly Situated Clyde Humphrey v. Pullman-Standard, Bessemer, Alabama, United Steelworkers of America Local 1466 and United Steelworkers of America, Afl-Cio, International Association of MacHinists

854 F.2d 1549 · Court of Appeals for the Eleventh Circuit · Sep 21, 1988

Second, Pullman's claim that Swint had to be expressly named in the Commissioner's charge to qualify as an "aggrieved" individual under the statute is specious. … We might not have been equally impressed, but we cannot say that the court was clearly erroneous for relying on the agreement.

Wyatt Ex Rel. Rawlins v. Rogers

92 F.3d 1074 · Court of Appeals for the Eleventh Circuit · Aug 8, 1996

Both groups of plaintiffs sought to redress the deprivation, under color of laws and statutes of the State of Alabama, of rights, privileges, and immunities secured by the Fifth, Eighth … In 1975, the district court, with the agreement of the parties, amended its 1972 injunctions to apply the Wyatt standards to all DMH/MR facilities.7 environment, (2) qualified staff in numbers sufficient

Allen v. Secretary, Florida Department of Corrections

611 F.3d 740 · Court of Appeals for the Eleventh Circuit · Jul 14, 2010

of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … However, a state supreme court decision does not clearly establish federal law for § 2254(d)(1) purposes. See Thaler v.

Mutual Service Casualty Insurance v. Henderson

368 F.3d 1309 · Court of Appeals for the Eleventh Circuit · May 5, 2004

Yet, such a holding 11 would clearly contravene Alabama law. … The complaint, on its face, refers to “rodents” and “vermin” causing damage, which clearly does not fall under the pollution exclusion clause that describes “acids” and “chemicals.”

Rogers v. Bennett

873 F.2d 1387 · Court of Appeals for the Eleventh Circuit · May 5, 1989

It does not specifically require the issuance of regulations or expressly provide for enforcement procedures, but it is clearly mandatory in form, and such regulations and enforcement are intended. 29 The language of section … Section 504 is much broader in scope than is the EHA, prohibiting discrimination against otherwise qualified handicapped individuals in all federal programs and programs receiving federal funding.

United States v. Dontiez Pendergrass

991 F.3d 1327 · Court of Appeals for the Eleventh Circuit · Mar 24, 2021

Clearly, individuals who are sheriff’s deputies or members of the Georgia State Patrol qualify as members of a police department because of their work responsibilities. … Juror 20 did not qualify as a “member[] of . . . [a] police department” under § 1863(b)(6)(B).

Aldana v. Del Monte Fresh Produce N.A., Inc.

578 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Aug 13, 2009

We believe the district court adequately performed each step of the forum non conveniens analysis, and did not abuse its discretion in concluding that the appellees met their burden to establish that a dismissal on forum … The district court, concluding that it was bound by these judgments, likewise determined that Guatemala qualified as an adequate alternative forum. Villeda Aldana v.

United States v. Pemco Aeroplex, Inc., a Subsidiary of Precision Standard Company, a Corporation

195 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Nov 15, 1999

In addition, Pemco argues that the submission of the inventory schedule was merely an offer to purchase the excess wings but did not establish either an obligation to purchase or the specific purchase price. … The government asks us to hold that a potential obligation would satisfy the requirements of § 3729(a)(7), but we do not reach that issue because the obligation here is so clearly an existing obligation. 3 .

Associated Builders and Contractors Florida First Coast Chapter v. General Services Administration

Court of Appeals for the Eleventh Circuit · Apr 21, 2026

DISCUSSION “[A] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the burden of persuasion as to . . . four prerequisites … This lim- ited briefing precludes the associations from “clearly establish[ing] the[ir] burden of persuasion” to support a preliminary injunction.

United States v. Lehder-Rivas

955 F.2d 1510 · Court of Appeals for the Eleventh Circuit · Mar 25, 1992

We review the district court’s finding of abandonment under the clearly *1522 erroneous standard. United States v. Winchester, 916 F.2d 601, 603 (11th Cir.1990). … This *1525 total includes eight articles spawned by Lehder’s letter to President Bush in which he offered to cooperate in exchange for immunity.

United States v. Newton

44 F.3d 913 · Court of Appeals for the Eleventh Circuit · Dec 22, 1994

Immunized coconspirator Jerome Richardson consented to the DEA's placing audio and video bugging devices in a southside Savannah apartment the task force obtained for him. … The Government argues that the same evidence establishes Reddick's guilt on both counts. We disagree.