Case law

United States v. Secretary Florida Agency for Health Care Administration

21 F.4th 730 · Court of Appeals for the Eleventh Circuit · Dec 22, 2021

Ct. 1853 (2019), forecloses the idea that the Attorney General can himself qualify as a “person” alleging discrimination. … Title III’s enforcement provision, which addresses discrimi- nation in public accommodations, is structured a bit differently, but it too clearly vests the Attorney General with authority to sue.

In Re: BETHESDA MEMORIAL HOSPITAL, INC., Petitioner

123 F.3d 1407 · Court of Appeals for the Eleventh Circuit · Sep 26, 1997

Hermansdorfer, 423 U.S. 336, 345-46 , 96 S.Ct. 584, 590-91 , 46 L.Ed.2d 542 (1976), which held that "only remand orders issued under § 1447(c) and invoking the grounds specified therein ... are immune from review under § … of discretion or [conduct amounting to an] usurpation of power" in order to establish a right to relief.

Valencia Gary v. Jerry Modena

244 F. App'x 997 · Court of Appeals for the Eleventh Circuit · Aug 14, 2007

PER CURIAM: This is an appeal from the denial of a motion for summary judgment based upon qualified immunity. This appeal arises from our opinion in Gary v. Modena, No. 05-16973 (11th Cir. Nov. 21, 2006) (J. … This law has been clearly established for many years. As to these appellants, the matter was remanded for trial.

Stoney Lester v. United States

921 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Apr 29, 2019

And it clearly was. … The mandatory Guidelines established sentences in the same way ACCA does.

United States v. Salvador Magluta

418 F.3d 1166 · Court of Appeals for the Eleventh Circuit · Jul 27, 2005

Felony drug offenses qualify as a “specified unlawful activity” as that term is used in § 1956. See 18 U.S.C. §§ 1956(c)(7)(B)(i) & (A), 1961(1). 5 United States v. … Hasner, 340 F.3d 1261, 1274 (11th Cir. 2003), and we may overturn findings of fact only if clearly erroneous, United States v. Griggs, 735 F.2d 1318, 1325 (11th Cir. 1984).

Norwegian Cruise Line Holdings Ltd v. State Surgeon General

50 F.4th 1126 · Court of Appeals for the Eleventh Circuit · Oct 6, 2022

a burden that is clearly excessive in re- lation to the State’s substantial interests. … But those establishments are irrelevant to this case because Norwegian chal- lenges the law only as applied to cruise ships.

Berg v. FL Dept. of Labor

163 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Dec 30, 1998

Because Berg was not in need of further rehabilitative services, he was not “otherwise qualified” to receive them. Berg was thus not “otherwise qualified,” and no “accommodation” could change that. … The magistrate judge found that “the plaintiff’s disability played no part in the defendant’s denial of benefits for law school” and Berg has not shown that this finding was clearly erroneous.

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

698 F.2d 1098 · Court of Appeals for the Eleventh Circuit · Feb 4, 1983

ESTABLISHMENT CLAUSE 35 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.

Ray Wayne Beavers, Terry Chaffin, Oscar Jenkins, James Dollar, Richard L. Johnson, Charles Harmon, as Representatives of a Class Described and Composed of All Male Employees, Former Employees, and Prospective Employees, Rodney Craig Rosetta, Paul Franklin Coupland, Roger Dale Miller, Intervenors-Plaintiffs-Appellants v. American Cast Iron Pipe Company, Oscar Jenkins and James Dollar, as Representatives of a Class Described and Composed of All Male Employees, Former Employees, and Prospective Employees v. American Cast Iron Pipe Company, Ray Wayne Beavers, Terry Chaffin, Oscar Jenkins, James Dollar, Richard L. Johnson, Charles Harmon, as Representatives of a Class Described and Composed of All Male Employees, Former Employees, and Prospective Employees, Rodney Craig Rosetta, Roger Dale Miller and Paul Franklin Coupland, Plaintiffs-Intervenors-Appellants v. American Cast Iron Pipe Company, Oscar Jenkins and James Dollar, as Representatives of a Class Described and Composed of All Male Employees, Former Employees, and Prospective Employees, Rodney Craig Rosetta, Roger Dale Miller and Paul Franklin Coupland, Plaintiffs-Intervenors-Appellants v. American Cast Iron Pipe Company

975 F.2d 792 · Court of Appeals for the Eleventh Circuit · Oct 19, 1992

ACIPCO's policy, if it violates Title VII, is clearly a "continuing violation into the present." … The record clearly establishes that none of these positions involve equal work, skill, effort, responsibility, or working conditions.

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.

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.

Nipper v. Smith

1 F.3d 1171 · Court of Appeals for the Eleventh Circuit · Sep 15, 1993

The Commission reported as follows: 18 Clearly, the current election process, which provides for circuit-wide, at-large elections, is not yielding sufficient representation of minorities on Florida's bench. … This has been so even when the black candidates were clearly more qualified and more experienced than the white candidates. We find these circumstances to be compelling proof of racially biased voting.

United States v. Elizabeth Acanda

19 F.3d 616 · Court of Appeals for the Eleventh Circuit · Apr 22, 1994

The government contends that the term "otherwise" in Sec. 2S1.1(a)(2) clearly refers to the subsections in Sec. 1956 that are not listed in Sec. 2S1.1(a)(1). II. … Loehr, 966 F.2d 201 (6th Cir.) cert. denied, --- U.S. ----, 113 S.Ct. 655 , 121 L.Ed.2d 582 (1992), to advance her contention that only a conviction for a substantive qualifying offense under Sec. 2S1.1(a)(1) can precipitate

Wright v. Southland Corporation

187 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Sep 3, 1999

Under those circumstances, the Supreme Court stated that the plaintiff must establish: (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was … Furthermore, the threat was clearly linked to the statutorily-protected activity of pursuing a complaint with the EEOC.

Ray Sandstrom v. Robert Butterworth, Sheriff

738 F.2d 1200 · Court of Appeals for the Eleventh Circuit · Aug 13, 1984

Justice Douglas, writing for the Court, qualified the holding, however. Generalizations are difficult. … Gypsum Co., 333 U.S. 364, 395 , 68 S.Ct. 525, 542 , 92 L.Ed. 746 (1948) (establishing "definite and firm conviction that a mistake has been committed’’ as prevailing standard for "clearly erroneous" review); Jellibeans, Inc

Royster Company, a Virginia Corporation, Cross-Appellant v. Union Carbide Corporation, a New York Corporation, Cross-Appellee

737 F.2d 941 · Court of Appeals for the Eleventh Circuit · Jul 26, 1984

To the contrary, appellee points to specific New York authority which clearly establishes the rule that “provisions in agreements calling for performance to the satisfaction of a party fall into two categories. … These findings established the damages it found that Royster had sustained.

Offshore of the Palm Beaches, Inc. v. Lisa Lynch

741 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Feb 3, 2014

See State Establishment for Agric. Prod. Trading v. M/V Wesermunde, 770 F.2d 987, 990 (11th Cir. 1985); Austracan, (U.S.A.) Inc. v. M/V Lemoncore, 500 F.2d 237, 240 (5th Cir. 1974). … Offshore, a vessel owner that sought only to use the Act to cabin its liability in anticipation of Lynch’s lawsuit, does not qualify. 13  Case: 13-11092 Date

Gentry v. Harborage Cottages-Stuart, LLLP

654 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 7, 2011

The district court concluded that Harborage failed to establish entitlement to the exemptions afforded by 15 U.S.C. § 1702 (a)(2) and (b)(1). … It clearly has not.

Berg v. Florida Department of Labor & Employment Security, Division of Vocational Rehabilitation

163 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Dec 30, 1998

Because Berg was not in need of further rehabilitative services, he was not "otherwise qualified" to receive them. Berg was thus not "otherwise qualified," and no "accommodation" could change that. … The magistrate judge found that "the plaintiff's disability played no part in the defendant's denial of benefits for law school" and Berg has not shown that this finding was clearly erroneous.

Billy H. Ashburn and Faye F. Ashburn v. United States

740 F.2d 843 · Court of Appeals for the Eleventh Circuit · Aug 28, 1984

As a consequence, it determined that the Subchapter S status of the corporation was terminated and that the sales of stock qualified for installment sale reporting. … Such cases clearly raise the possibility that the Government was unreasonable in pursuing the litigation.