Case law

University of Georgia Athletic Association, Etc. v. Bill Laite, Individually and D/B/A Bill Laite Distributing Co.

756 F.2d 1535 · Court of Appeals for the Eleventh Circuit · Apr 8, 1985

’ Bulldog Beer” created a “likelihood of confusion” is clearly erroneous. … Of course, a plaintiff whose mark is unregistered and devoid of secondary meaning may find it difficult to establish priority in use of the mark. See generally 3 R.

Jeff E. Wilson v. Page A. Smith

567 F. App'x 676 · Court of Appeals for the Eleventh Circuit · May 22, 2014

A claimant is entitled to redress under § 1983 if he can prove that a person acting under color of state law committed an act that deprived him of some right, privilege, or immunity protected by the Constitution or laws … To state a claim under Title II, a plaintiff must prove (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of a public

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.

Max v. Northington (In Re Northington)

876 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Dec 11, 2017

“[W]here the intent to override is doubtful,” the Court stressed, “our federal system demands deference to long-established traditions of state regulation.” Id. … Blackstone, Commentaries *396 (observing that "goods pledged or pawned," like other property interests giving rise to "qualified” rights, "may be redeemed, or else forfeited”). .

Barbara A. Brackin v. Kevin J. Anson

Court of Appeals for the Eleventh Circuit · Sep 25, 2014

Marine Resources gathers information through surveying and other methods for the purpose of managing recreational fishing activities, such as establishing harvest seasons and setting quantity and size limits. … Third, they assert that Defendants were not entitled to qualified immunity on the individual-capacity claims. A.

Donna J. Beaulieu v. City of Alabaster

454 F.3d 1219 · Court of Appeals for the Eleventh Circuit · Jun 30, 2006

On April 2, 2004, Beaulieu qualified to run as a candidate for circuit judge in Shelby County, Alabama in the November 2, 2004 general election. She put a campaign sign on the sidewalk in front of her office. … “(1) whether the conduct complained of was committed by a person 11 acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities

Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus County, Florida, Robert A. Butterworth

29 F.3d 1495 · Court of Appeals for the Eleventh Circuit · Aug 26, 1994

Immunity from Prosecution. … The second interpretation of "prompt judicial review" has been articulated most clearly by the Seventh Circuit in Graff v.

John Doe 1 v. Miami-Dade County

846 F.3d 1180 · Court of Appeals for the Eleventh Circuit · Jan 25, 2017

This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. … (c) The school was opened after the sexual offender or sexual predator established the residence.

Executive Town & Country Services, Inc. v. City of Atlanta

789 F.2d 1523 · Court of Appeals for the Eleventh Circuit · May 23, 1986

We will uphold a state regulation if it regulates “evenhandedly,” if it imposes only an “incidental” burden on interstate *1527 commerce, and if the “burden imposed on such commerce is [not] clearly excessive in relation … Furthermore, “it would undercut the fundamental policy of Parker and the state action doctrine of immunizing state action from federal antitrust scrutiny. See 1 P. Areeda & D.

Save Our Dunes v. Alabama Department of Environmental Management

834 F.2d 984 · Court of Appeals for the Eleventh Circuit · Dec 31, 1987

They contend that they qualify as “aggrieved” parties under the present state laws and, thus, have rights of appeal from the land use decisions of the ADEM. … Clearly, this general provision does not resolve who is aggrieved in concrete situations.

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.

Continental Illinois Corp. v. Lewis

827 F.2d 1517 · Court of Appeals for the Eleventh Circuit · Sep 22, 1987

While in-state bank holding companies are also precluded from establishing ISBs, they have the alternative of establishing traditional banks and thereby gaining access to Florida deposits. 6 In fact, we must assume that in-state … Florida ISBs are clearly not banks. Although they are authorized to make commercial loans, they may not take demand deposit accounts.

Hafiz Muhammad Khan v. United States

928 F.3d 1264 · Court of Appeals for the Eleventh Circuit · Jul 3, 2019

But the reasoning of these decisions does not actually support a per se rule of ineffectiveness; it instead supports a rule that a person not admitted to practice law does not qualify as “counsel” within the meaning of … With trial scheduled for January 3, 2013, and in the light of the district court’s warning that there would be “no more accommodations,” one cannot say that letters rogatory clearly constituted a viable alternative means

James L. Turner v. Theodore v. Wells, Jr.

879 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Jan 18, 2018

When making this assessment, a court should construe statements in their totality, with attention given to any cautionary terms used by the publisher in qualifying the statement. Keller, 778 F.2d at 717. … This statement comes after the Report detailed the repeated and persistent homophobic taunting that Player A’s peers subjected him to, and does not clearly pertain to any one incident in particular.

Home Warranty Corporation v. Johnnie L. Caldwell, Insurance Commissioner of the State of Georgia, Defendant

777 F.2d 1455 · Court of Appeals for the Eleventh Circuit · Dec 11, 1985

Whatever its merit, however, product liability clearly seeks to accomplish two social aims. One is compensatory, the reallocation of the costs of injury in an industrial society. … While the two year builder warranty coverage may not, standing in isolation, be product liability coverage, it is clearly part and parcel of a products liability insurance program which could not stand without it.

Driscoll v. Adams

181 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Jul 23, 1999

Because it is feasible for a developer to take the steps required to qualify for the Hughey exception—after all, the developer in that case took them—Adams' impossibility argument fails. … This intent is clearly established by the inclusion of particular dates in the statute, as explained by the legislative history. Id. at 559-60.

William Riccard v. Prudential Insurance Company

307 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Sep 24, 2002

asserting the acts that qualify as statutorily protected activity and adverse employment actions, as well as the dates on which these acts (and any acts related to them) occurred.” … asserting the acts that qualify as statutorily 11 Riccard argues, alternatively, that even if this Court upholds the order compelling arbitration, we should reverse the district court’s dismissal of

In Re HealthSouth Corp. Securities Litigation

572 F.3d 854 · Court of Appeals for the Eleventh Circuit · Jun 17, 2009

We can readily conclude that the background of case law against which the PSLRA was enacted clearly established that the barring of such indemnity claims is permissible. … Scrushy’s claim for attorneys’ fees clearly cannot be considered to be independent of his liability to the underlying plaintiffs.

Teresa Taylor v. Mentor Worldwide, LLC

940 F.3d 582 · Court of Appeals for the Eleventh Circuit · Oct 8, 2019

The response by the body’s immune system caused tissue inflammation, erosion of tissue and, in some cases, infection. … That finding was not clearly erroneous. Again, the only previously undisclosed part of Dr.

Talal Qais Abdulmunem Al Zawawi v. Colin Diss

97 F.4th 1244 · Court of Appeals for the Eleventh Circuit · Apr 3, 2024

And, with respect to persons, § 1502(1) neither contains its own, con- trary residency/property requirement, nor clearly spurns the pos- sibility of any such requirement. … Un- der § 1502(2), “‘establishment’ means any place of operations where the debtor carries out a nontransitory economic activity.”