Case law

Binnings, Inc. v. Saudi Riyadh

815 F.2d 660 · Court of Appeals for the Eleventh Circuit · Jun 5, 1987

Although the present state of the law with regard to coverage of the FMLA is "not far from the point where any service which is convenient, useful and at times necessary may qualify as a lien under the Lien Act," the "ancient … Nevertheless, the rule has been firmly established since the Supreme Court decision in Minturn v. Maynard, 58 U.S. (17 How.) 476 , 15 L.Ed. 235 (1854).

Arthur D. Rutherford v. James Crosby

385 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Sep 21, 2004

erroneous, but ‘an unreasonable application’ of clearly established federal law....”); Williams v. … Nor has Rutherford demonstrated an unreasonable application of clearly established federal law as determined by the Supreme Court.

Daniel Lugo v. Secretary, Florida Department of Corrections

750 F.3d 1198 · Court of Appeals for the Eleventh Circuit · Apr 24, 2014

Establishing a CHU in one of that state’s three federal districts would have several benefits. … Lugo has not established diligence or an extraordinary circumstance during his representation by CCRC.” . In Wilcox v.

United States v. Susana P. Longo

184 F. App'x 910 · Court of Appeals for the Eleventh Circuit · Jun 19, 2006

Longo’s second contention is that the district court clearly erred in applying the sophisticated means enhancement. We disagree. … Longo makes a cursory argument that § 77q(a) does not apply because “the record does not clearly establish a statutory violation—that is, that in the offer or sale of securities Ms.

Haitian Refugee Center, Inc. v. James Baker, Iii, Secretary of State, Robert Kramek, Rear Admiral, Kime, Admiral, Commandant, United States Coast Guard, Gene McNary Commissioner, Immigration and Naturalization Service, United States Department of Justice, Immigration and Naturalization Service, United States of America, Haitian Refugee Center, Inc., a Not-For-Profit Corporation, Roland Providence, Moise Charles, Eric Pierre, Raymond Edme, Golbert Miracle, Roland Jean, Roosevelt Alexis, Luc Luxembourg Sanon, Leger Pierre Frantz, Ochel Engerril, Jean Michel Mario Avilus, Archille Belvu, Lucien Rozier, Emmanuel Saintil and Condanser Joseph, on Behalf of Themselves and All Others Similarly Situated, Cross-Appellants v. James Baker, Iii, Secretary of State, Rear Admiral Robert Kramek and Admiral Kime, Commandants, United States Coast Guard, Gene McNary Commissioner, Immigration and Naturalization Service, United States Department of Justice, Immigration and Naturalization Service, and United States of America, Cross-Appellees

953 F.2d 1498 · Court of Appeals for the Eleventh Circuit · Feb 24, 1992

The preliminary injunction, however, clearly raises this question. By its terms, the injunction extends to all "interdicted class members." … Such refusal is usually considered immune to judicial review."

Nuvasive, Inc. v. Absolute Medical, LLC

71 F.4th 861 · Court of Appeals for the Eleventh Circuit · Jun 21, 2023

We cannot say that these factual findings are clearly erroneous. … The district court’s factual find- ings as to the second Bonar prong were not clearly erroneous.

Gerald Eugene Stano v. Richard L. Dugger, Robert A. Butterworth

901 F.2d 898 · Court of Appeals for the Eleventh Circuit · May 1, 1990

Thus, we conclude that the first requirement — that the alleged facts be favorable to the defense — is clearly met. … Having avoided the need to make a full presentation by means of a plea agreement that immunized its presentation from attack, and having achieved the plea agreement only after withholding information that would have put teeth

Trust Co. Bank v. MGM/UA Entertainment Co.

772 F.2d 740 · Court of Appeals for the Eleventh Circuit · Sep 27, 1985

To establish a genuine issue of fact, appellant points to: (1) certain provisions in the 1936 agreement; (2) a letter by John Marsh analyzing the terms of the 1936 agreement; (3) Ms. … Sherman qualified such responses by stating that this was his understanding “now” of the language of the 1961 Agreement. He never stated that this was his understanding at the time the contract was entered into. Mr.

The American Civil Liberties Union Of Georgia v. Rabun County Chamber Of Commerce

678 F.2d 1379 · Court of Appeals for the Eleventh Circuit · Jun 21, 1982

ESTABLISHMENT CLAUSE 32 The Establishment Clause of the First Amendment prohibits Congress from making any law "respecting the establishment of religion ...." U.S.Const., Amend. I. … Numerous qualified witnesses testified at trial that the latin cross is universally regarded as a symbol of Christianity.

Southern-Owners Insurance Company v. Juan Farrera

Court of Appeals for the Eleventh Circuit · Feb 6, 2025

In sum, we affirm on this issue based on the Policy as a whole and the district court’s factual findings which we conclude are not clearly erroneous. … A more significant immunity applies to a subset of employees: The same immunity provisions enjoyed by an em- ployer shall also apply to any sole proprietor, partner, corporate

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 *1562 DCA 1986); Kribs v.

United States v. Dickerson

Court of Appeals for the Eleventh Circuit · Apr 16, 2001

Ct. 1194 (1963), by refusing to disclose a possible promise of immunity made to Williams by Assistant U.S. … In this case, however, the Government presented no “custodian or qualified witness” to authenticate the records as required by the rule. Id.

United States v. Derrick Dante Clark

265 F. App'x 846 · Court of Appeals for the Eleventh Circuit · Feb 19, 2008

Ct 738 (2005), we established a two-part process for district courts to use in calculating sentences. United States v. Talley, 431 F.3d 784, 786 (11th Cir. 2005). … “A district court’s determination that a defendant is not entitled to acceptance of responsibility will not be set aside unless the facts in the record clearly establish 6

Hewett v. Jarrard

786 F.2d 1080 · Court of Appeals for the Eleventh Circuit · Apr 15, 1986

In denying Wade official immunity, under Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the district court necessarily determined that Wade "violate[d] clearly established statutory or constitutional rights of which a reasonable person

Daniel Stermer v. Federated Foundation Trust

Court of Appeals for the Eleventh Circuit · Mar 20, 2026

Federated was ultimately “deemed not a qualified bid- der” for the auction. … But Federated failed to clearly raise these arguments below, and we need not consider them on appeal in the first instance. See Finnegan v.

Doe v. Fulton-DeKalb Hospital Authority

628 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Dec 30, 2010

Please run an ad in the newspaper ASAP.” 4 the resumes of qualified candidates it received to Upshaw, who, together with one of the clinic’s substance abuse counselors, … Upshaw and Clark clearly met the standard of care set forth in Munroe.29 It is uncontested that Kimbrell’s criminal background check—conducted by an 29 Plaintiffs point to Underberg v.

Christine May v. Morgan County Georgia

Court of Appeals for the Eleventh Circuit · Nov 8, 2022

Unlike individual defendants, municipalities cannot assert qualified immunity as a defense to suit under § 1983. Owen v. City of Independence, 445 U.S. 622, 650–51 (1980). … Dillon illustrates how the lack of qualified immunity may affect municipal liability.

Montano Cisneros v. US Atty. Gen.

514 F.3d 1224 · Court of Appeals for the Eleventh Circuit · Jan 28, 2008

Exceptional Circumstances We first ask whether the BIA abused its discretion in finding petitioners did not establish exceptional circumstances. … The BIA has found claims of ineffective assistance of counsel–in particular, when an applicant’s failure to appear is due to his attorney’s errant instruction–qualify as exceptional circumstances under this section.

Jason Lankhorst v. Independent Savings Plan Company

787 F.3d 1100 · Court of Appeals for the Eleventh Circuit · May 29, 2015

The WET salesman told the Plaintiffs that they would qualify for a very low interest rate. … contends that ¶ 23(j) of the Credit Agreement, dealing with a buyer’s failure to pay, establishes that ISPC has taken a security interest in the residence. 3 However, the language of this section is couched in terms of

United States v. Herman Smith

696 F. App'x 427 · Court of Appeals for the Eleventh Circuit · Jun 12, 2017

The intervening decision “must be clearly on point.” Id. … establishing that they do not qualify.