Case law

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.

Clarence Cox v. Clayton County School District

Court of Appeals for the Eleventh Circuit · Feb 25, 2019

Cox had to show that the board’s conduct violated a clearly established right in order to overcome qualified immunity. See D.E. 37 at 13. This was error. … A local government entity like the board is not entitled to assert qualified immunity. See Owen v. City of Independence, 445 U.S. 622, 649-50 (1980).

United States v. Young

39 F.3d 1561 · Court of Appeals for the Eleventh Circuit · Dec 15, 1994

The government suggests that these letters clearly refer to “Junior,” which is Banks’ nickname. … A district court’s finding as to the quantity of drugs involved in a conspiracy will not be set aside unless clearly erroneous. United States v.

Snapper, Inc. v. Redan

171 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Apr 5, 1999

established concepts of abstention and supplemental jurisdiction. … We need not decide that question in this case, however, because the motion for remand in this case was clearly timely.

United States v. Terrance Tyrone Davis

875 F.3d 592 · Court of Appeals for the Eleventh Circuit · Nov 7, 2017

Ct. 1265 (2010), it does not qualify as a violent felony. … App. 2003) (“Felony battery is clearly a species of the specific intent crime of battery . . . , but with resulting and unintended great bodily harm”), receded from on other grounds by Hall v.

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.

In Re Dean

537 F.3d 1315 · Court of Appeals for the Eleventh Circuit · Aug 7, 2008

In considering this appeal, the 3 facts as found by the bankruptcy court cannot be set aside unless they are clearly erroneous, while its conclusions of law are subject to de … It is undisputed by the parties in this case that the Creditor’s claim qualifies as a “910-claim” under the hanging paragraph. 5 of his earlier opinions, In re Carver, 338

Dimmitt, III v. City of Clearwater

985 F.2d 1565 · Court of Appeals for the Eleventh Circuit · May 4, 1993

attack the Clearwater ordinance on face by alleging that the ordinance regulates content by limiting the exemption to government flags. 12 Ordinarily a litigant offering a facial constitutional challenge to a statute must establish … We need not decide whether the Dimmitt flag display qualifies as expressive conduct or whether any expressive content should be treated as commercial or noncommercial speech.

United States v. Torrence Whitaker

Court of Appeals for the Eleventh Circuit · Aug 14, 2024

We have “clearly held that 18 U.S.C. § 922(g) is constitutional under the Commerce Clause.” United States v. … We noted that Rozier interpreted Heller as limiting the right to “law-abiding and qualified individuals,” and as clearly excluding felons from those categories by referring to felon-in-possession bans

Marvin Tyrone Tarleton v. Secretary, Florida Department of Corrections

5 F.4th 1278 · Court of Appeals for the Eleventh Circuit · Jul 23, 2021

Tarleton also argues that the Rule 3.850 judge made an unreasonable application of the clearly established Strickland law. … established federal law.

Gregory Light v. LVNV Funding, LLC

Court of Appeals for the Eleventh Circuit · Jun 1, 2026

But that [principle] is not a free pass—these general factual allegations must plausibly and clearly allege a concrete injury.” Muransky, 979 F.3d at 924 (citation and quotation omitted). … Intangible injuries can also qualify as concrete where the in- juries have “a close relationship to a harm that has traditionally been regarded as providing a basis for a lawsuit in English or Amer-

Putu Indrawati v. U.S. Attorney General

779 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Mar 2, 2015

The BIA held that the IJ’s decision to credit Rodez’s testimony (and discredit Indrawati’s testimony) was not clearly erroneous. … If an agency need not discuss every piece of evidence to immunize its decision from a reasonable-consideration inquiry, surely its failure to exhaustively discuss evidence of little probative value does not merit remand

William M. Roddy v. City of Huntsville, Alabama

580 F. App'x 844 · Court of Appeals for the Eleventh Circuit · Sep 29, 2014

Roddy and his wife and because Officer Jason Ramsey procured a valid search warrant before searching the Roddys’ hotel room, we conclude that the officers are entitled to qualified immunity. … But when an officer asserts the defense of qualified 15  Case: 13-12826 Date Filed: 09/29/2014 Page: 16 of 19 immunity, we ask whether there was arguable

Doorbal v. Department of Corrections

572 F.3d 1222 · Court of Appeals for the Eleventh Circuit · Jun 29, 2009

held that when a petitioner fails to raise his federal claims in compliance with relevant state procedural rules, the state court’s refusal to 12 adjudicate the claim ordinarily qualifies … We apply a three-part test to determine whether the state decision rested upon an “independent and adequate” ground under state law: First, the last state court rendering a judgment in the case must clearly

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cohen

62 F.3d 381 · Court of Appeals for the Eleventh Circuit · Aug 30, 1995

Communications Workers of America, 475 U.S. 643, 649 , 106 S.Ct. 1415, 1418 , 89 L.Ed.2d 648 (1986), in which the Supreme Court held that "[u]nless the parties clearly and unmistakenly provide otherwise, the question of whether … "When general positions in a contract are qualified by the specific provisions, the rule of construction is that the specific provisions in the agreement control." Goldberg v.

Federal Election Commission v. Florida for Kennedy Committee

681 F.2d 1281 · Court of Appeals for the Eleventh Circuit · Aug 2, 1982

The Federal Election Commission was established by Congress to act as a watchdog to forestall certain misconduct in the federal election process. 2 U.S.C. § 437c. … This Act established a minimum wage of forty cents an hour.

Southeast Development Partners, LLC v. St. Johns County, Florida

Court of Appeals for the Eleventh Circuit · Aug 7, 2026

Thus, “[b]ecause the immunity does not belong to the county, the county [was] not aggrieved by the district court denying the immunity,” and the county could not appeal the judgment. … The Supreme Court established the test for an unlawful exaction in Koontz. 570 U.S. at 606.

Ronald E. Payne, Individually and on Behalf of Himself and Others Similarly Situated v. John R. Block, Individually and as Secretary of the United States Department of Agriculture v. James J. Collins, Movant-Appellant-Intervenor

714 F.2d 1510 · Court of Appeals for the Eleventh Circuit · Sep 19, 1983

and set aside agency action, findings, and conclusions found to be-- (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … , in the posture of the regulations controlling this case, it appears spurious at best 36 In his brief in support of motion to intervene, Collins asserts that he is entitled to intervene as a matter of right and that he qualifies

Vazquez v. Metropolitan Dade County

968 F.2d 1101 · Court of Appeals for the Eleventh Circuit · Aug 13, 1992

immunity; and (3) that there did not exist a custom or policy on the part of Dade County that would render it liable for the actions of its officials. … The factual determinations underlying the court’s legal conclusion — such as the determination that an issue was actually litigated in the prior proceeding — are to be upheld on appeal unless clearly erroneous.

Caro-Galvan v. Curtis Richardson, Inc.

981 F.2d 501 · Court of Appeals for the Eleventh Circuit · Jan 20, 1993

As a preliminary matter we note that the district court’s findings of historical fact are subject to deferential appellate review under the clearly erroneous standard. Fed. R.Civ.P. 52(a). … These regulations recognize that year-round employment may qualify as seasonal within the meaning of AWPA.