Case law

In re: Baycare Medical Group, Inc.

101 F.4th 1287 · Court of Appeals for the Eleventh Circuit · May 14, 2024

The Act defines a “patient safety organization” as “a private or public entity or component thereof that is listed by the Secretary” of HHS as a qualifying entity. Id. § 299b–21(4). … BayCare is entitled to a writ of mandamus if the district court clearly abused its discretion and if there are “no other ade- quate means” to remedy the district court’s clear abuse of discre- tion.

Ben Dempsey and Jane B. Dempsey v. Auto Owners Insurance Company, a Corporation

717 F.2d 556 · Court of Appeals for the Eleventh Circuit · Oct 17, 1983

A three-part test has been established for a misrepresentation defense by the insured. … Consideration of such facts and circumstances is clearly within the providence of the jury. Even assuming Auto Owners is correct in its interpretation of Dutton , we still fail to find merit in its argument.

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.

Resolution Trust Corp. v. Dunmar Corp.

43 F.3d 587 · Court of Appeals for the Eleventh Circuit · Jan 26, 1995

The law is well-established that D’Oench bars tort claims based upon such oral agreements. … RTC clearly asserted in its motion for summary judgment that Jones’ claims were based upon oral side agreements which were barred by D’Oench.

United States v. Anja Karin Kannell

545 F. App'x 881 · Court of Appeals for the Eleventh Circuit · Nov 18, 2013

In the alternative, Kannell cannot establish plain error because the undisputed evidence established that a private individual transferred the items in the storage unit to law enforcement. … Because the evidence established that Harvey and Kannell used the claim numbers fraudulently to obtain money and to initiate transfers of funds, see id., a jury could have reasonably found that the claim numbers qualified

Warren King v. Warden, Georgia Diagnostic Prison

69 F.4th 856 · Court of Appeals for the Eleventh Circuit · Jun 2, 2023

If a state court adjudicated a claim on the merits, we cannot set aside that adjudication unless it was “either ‘contrary to, or involved an unreasonable application of, clearly established federal … Thus, I would con- clude that the Supreme Court of Georgia unreasonably applied clearly established federal law. III.

United States v. Hayward Feaster

394 F. App'x 561 · Court of Appeals for the Eleventh Circuit · Aug 24, 2010

The Court qualified the right to bear arms: “[l]ike most rights, [it] is not unlimited.” Id. at 2816. … First, there is no dispute that the district court accurately calculated the guideline range, treated the Guidelines as advisory, and based the sentence on facts that were not clearly erroneous.

Ferguson v. Culliver

527 F.3d 1144 · Court of Appeals for the Eleventh Circuit · May 13, 2008

established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision based on an unreasonable determination of the facts in light of the evidence presented in … We have held that a state court’s summary rejection of a claim qualifies as an adjudication on the merits under § 2254(d) so as to warrant 3 deference. Wright v.

United States v. Pedro Pablo Mesa

Court of Appeals for the Eleventh Circuit · Apr 11, 2001

The district court’s findings of fact are not clearly erroneous. … Alred, 144 F.3d 1405 (11th Cir. 1998), to establish that he was not an organizer/leader in this offense.

Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Grady P. Morrison

747 F.2d 610 · Court of Appeals for the Eleventh Circuit · Nov 27, 1984

Section 6-5-231 establishes a system of notice and priorities among the persons eligible to exercise that right. … residents any property right in having benefits paid to their nursing home after it has lost its "qualified” status.).

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.

Holley Equipment Company, a Corporation v. Credit Alliance Corporation, a Corporation

821 F.2d 1531 · Court of Appeals for the Eleventh Circuit · Jul 20, 1987

After reviewing the record, we find as a matter of law that Credit Alliance has not admitted facts sufficient to establish an unconditional assent to a contract for sale according to the terms alleged by Holley. … We need not discuss this aspect of the case in detail because we find jurisdiction clearly exists based upon the claims of fraudulent misrepresentations.

United States v. Pedro Pablo Mesa

Court of Appeals for the Eleventh Circuit · Apr 11, 2001

The district court's findings of fact are not clearly erroneous. … Alred, 144 F.3d 1405 (11th Cir.1998), to establish that he was not an organizer/leader in this offense.

David Lamar Johnson v. Warden

491 F. App'x 60 · Court of Appeals for the Eleventh Circuit · Sep 27, 2012

Pro se litigants are not excused from the burden of establishing that there exists a genuine issue of material fact. Brown v. Crawford, 906 F.2d 667, 670 (11th Cir. 1990). … Like the district court, we need not decide whether qualified immunity also applies because there is insufficient evidence that any cause of action existed, as discussed below.

United States v. Sandra Hernandez, A/K/A "Cha Cha," Ronnie Lee Tape, Karen McCalvin Rodney Gilmore, Rickey Rogers

921 F.2d 1569 · Court of Appeals for the Eleventh Circuit · Jan 30, 1991

Cf Sims, 719 F.2d at 378 (trial judge cautioned that testimony given pursuant to immunity agreement should be scrutinized with great care). … The prejudice must be “clearly beyond the curative powers of a cautionary instruction.” United States v.

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.

Federal Election Commission v. Reform Party of the United States

479 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Mar 1, 2007

Pursuant to 11 C.F.R. § 9008.3(a), to qualify for entitlement to payments from the Presidential Election Campaign Fund, the national committee of a party must establish a convention committee and file an application statement … The statutory text clearly designates the D.C. Circuit as the forum for judicial review of “[a]ny certification, determination, or other action” by the Commission. 26 U.S.C. § 9011(a).

International Fidelity Insurance Company v. Americaribe-Moriarity JV

906 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Oct 26, 2018

complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified … App. 2009) (explaining that it is “well established in Florida, which fully endorses the so-called American Rule on the question, that each party, including the successful one, in litigation must ordinarily bear the burden

Carla Weston-Brown v. Bank of America

167 F. App'x 76 · Court of Appeals for the Eleventh Circuit · Jan 4, 2006

A prima facie case of discriminatory failure to promote is established where the plaintiff shows that “(1) she is a member of a protected class; (2) she was qualified and applied for the promotion; (3) she was rejected … She further argues that, had she been awarded the position, she would have been immune from company layoffs.

Ronald B. Edwards v. Fulton County, Georgia

509 F. App'x 882 · Court of Appeals for the Eleventh Circuit · Feb 15, 2013

After careful review, we reverse. 2 Andrews had moved to dismiss all claims against him in October 2008 on the ground that he was entitled to qualified immunity. (R.2-53.) … Andrews filed an interlocutory appeal with this court challenging the denial of qualified immunity, and we affirmed.