Case law

Jessie Joseph Tafero v. Louie L. Wainwright

796 F.2d 1314 · Court of Appeals for the Eleventh Circuit · Sep 6, 1986

demonstrated premeditation,” establishes that the Supreme Court of Florida made the requisite Cabana finding. 403 So.2d at 361 . … Tafero contends that the evidence establishes that the trooper’s car was taken after the shooting, and thus the shooting could not qualify as a felony murder because the murders were not committed in the course of the robbery

American Civil Liberties Union of Georgia v. Rabun County Chamber of Commerce, Inc.

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

Numerous qualified witnesses testified at trial that the latin cross is universally regarded as a symbol of Christianity. … Thus, we are unable to conclude that the district court’s finding was clearly erroneous.

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

United States v. De Varon

136 F.3d 740 · Court of Appeals for the Eleventh Circuit · Mar 3, 1998

De Varon argues that this Court reviews a district court’s determination whether a defendant qualifies for a minor role adjustment de novo. … Simply put, the drug courier may or may not qualify for a minor role reduction. See, e.g., United States v.

Richard E. Warner v. City of Marathon

Court of Appeals for the Eleventh Circuit · Dec 8, 2017

Cinque and the City are immune from suit under absolute immunity principles, so we consider any issue related to the district court’s immunity holdings as to these two defendants abandoned. See Access Now, Inc. v. Sw. … See id. 6 The plaintiffs also present arguments about qualified immunity, but the district court did not rely on qualified immunity to dismiss any claim.

Daniel Lugo v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Apr 24, 2014

It is not clearly erroneous.10 B. … Establishing a CHU in one of that state’s three federal districts would have several benefits.

Horacio Sequeira v. The Republic of Nicaragua

Court of Appeals for the Eleventh Circuit · May 14, 2020

A plaintiff who seeks to sue a foreign state has the burden of establishing subject matter jurisdiction by “producing evidence” that one of the FSIA’s sovereign-immunity exceptions applies. Butler v. … Given the record, the District Court did not clearly err in finding that the contract was inauthentic and, consequently, that Nicaragua and Chinandega did not waive their sovereign immunities.

Satellite Broadcasting & Communications Ass'n of America v. Oman

17 F.3d 344 · Court of Appeals for the Eleventh Circuit · Mar 24, 1994

Moreover, the Office concluded that § 111(f) was “clearly directed at localized retransmission services,” based on the section’s provision that “two or more cable systems in contiguous communities ... operating from one head-end … In particular, nothing in this Act is intended to reflect any view concerning whether ... an entity that retransmits television broadcast signals by satellite to private homes could qualify as a "cable system” under section

Faragher v. City of Boca Raton

111 F.3d 1530 · Court of Appeals for the Eleventh Circuit · Apr 15, 1997

The very purpose of agency is to establish an employer’s liability specifically for acts of which it has no knowledge. … A Title VII claimant, however, must establish that the employer intended the harassment.

United States v. Svete

521 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Mar 26, 2008

His impeachment of Austin was clearly a two-edged sword for the defense. … Clearly, Austin’s testimony was not the lynchpin of the government’s case. 4.

Sea Byte, Inc. v. Hudson Marine Management Services, Inc.

565 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Apr 20, 2009

The court noted that “[w]here a fixed-fee agreement exists, the value of the services that the attorney has agreed to render has been established.” Id. … However, Hudson did not qualify its statements regarding the credit or suggest that they were merely made in anticipation of what Miller would prove at trial, and Miller in fact did not offer any evidence at trial regarding

Williams v. Burton

943 F.2d 1572 · Court of Appeals for the Eleventh Circuit · Oct 18, 1991

Warden DeLoach's affidavit clearly establishes that the plaintiff agreed to cooperate and behave, and that as a result the Warden ordered the gag to be removed (affidavit of J. DeLoach). … I would hold that the district court's conclusions were clearly erroneous and that the evidence clearly establishes the defendants imposed summary punishment on the plaintiff in violation of the Fourteenth Amendment.

Retina Associates, P.A. v. Southern Baptist Hospital of Florida, Inc.

105 F.3d 1376 · Court of Appeals for the Eleventh Circuit · Feb 19, 1997

However, assuming defendants can establish the existence of a joint venture, its practices would not thereby automatically be immune from antitrust scrutiny. See 2 EARL W. KINTNER, FEDERAL ANTITRUST LAW § 9.15 (1980). … It clearly appears, therefore, that RA has competed successfully despite the alleged refusal to deal.

G.M. Brod & Company, Inc., a Florida Corporation, Cross-Appellant v. U.S. Home Corporation, a Delaware Corporation, Cross-Appellee

759 F.2d 1526 · Court of Appeals for the Eleventh Circuit · May 10, 1985

Moreover, there was difficulty in hiring because of shortage of qualified personnel in the area, and Brod, at its own expense, continually had to clean up the mess created by Home’s subcontractors. … He was acknowledged as a highly-qualified and knowledgeable operator and his occupancy projections were very close to those used by Home’s expert.

Pathmanathan Jathursan v. U.S. Attorney General

17 F.4th 1365 · Court of Appeals for the Eleventh Circuit · Nov 17, 2021

Instead, the BIA reviews the im- migration judge’s findings of fact under a “clearly erroneous” standard. 8 C.F.R. § 1003.1(d)(3). … To qualify for pro- tection under the Convention Against Torture, the applicant must establish that he will more likely than not be tortured in the coun- try of removal. Cadet v.

United States v. Steed

548 F.3d 961 · Court of Appeals for the Eleventh Circuit · Nov 10, 2008

The district court’s findings of fact are viewed under the clearly erroneous standard; its application of the law to those facts is subject to de novo review. … Ct. 1997) (“The statute at issue specifies who may conduct the inspection, a police officer or qualified Commonwealth employee as defined by 20 that statute.”).

Warren L. Oliver v. Officer Harden

587 F. App'x 618 · Court of Appeals for the Eleventh Circuit · Oct 1, 2014

On appeal, Oliver argues that: (1) the defendants were not entitled to qualified immunity because the evidence showed that they were on notice of the danger that the inmates faced and that the inmates were improperly supervised … Moreover, the evidence is insufficient to establish that inmates were exposed to the constant threat of violence.

De'Carlos Bobby Butler v. State of Georgia

Court of Appeals for the Eleventh Circuit · Dec 7, 2022

, that the individual defendants enjoyed qualified immunity for any § 1983 claim, that judges and prosecutors were entitled to absolute immunity, and that the Rooker-Feldman1 doctrine barred Butler … extent any of Butler’s claims survive the Heck bar— and we don’t think any do—we fail to see any indication in the rec- ord that Butler could overcome the significant and numerous ob- stacles to establishing

Charles Robert Lee Futch, II v. Chief Matt Libby

Court of Appeals for the Eleventh Circuit · May 23, 2025

We address each method in turn.3 3 Because we agree with the district court’s holding that Futch’s discrimination claims fail, we need not reach the question of whether Libby is entitled to qualified … immunity.

Joe J. Hudgens, Phyllis Hudgens v. Bell Helicopters/Textron, Dyncorp

328 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Apr 25, 2003

Nonetheless, we think the government contractor defense set forth in Boyle clearly applies in the present case. … Evaluating the soundness of these aspects of McSwain’s opinion clearly requires weighing probabilities.