Case law

A.P. v. Edward Feaver

293 F. App'x 635 · Court of Appeals for the Eleventh Circuit · Aug 21, 2008

Therefore, to overcome the defendants’ entitlement to qualified immunity, plaintiffs must demonstrate that (1) the defendants violated their federal constitutional or statutory rights, and that (2) those rights were clearly … Qualified immunity “is an immunity from suit rather than a mere defense to liability,’’ Mitchell v.

Atlantic Container Service, Inc. v. Coleman

904 F.2d 611 · Court of Appeals for the Eleventh Circuit · Jun 27, 1990

As we have indicated, Congress clearly intended to cover such operations." 432 U.S. at 276 , 97 S.Ct. at 2363 . 21 The Supreme Court next considered the issue in P.C. Pfeiffer Co., Inc. v. … City of Prichard, 661 F.2d 1206 (11th Cir.1981) (en banc), held that a worker's maritime status could be established based upon "the maritime nature of the employment as a whole or upon the maritime nature of the claimant's

United States v. William Ervin Dekle, Dwight Ragans, and Ronald Mangle, Defendants

768 F.2d 1257 · Court of Appeals for the Eleventh Circuit · Aug 16, 1985

The evidence at trial established, with respect to the 40 pounds, such a conspiracy between the two of them and within the dates indicated. … Alderman holds that production without in camera inspection is required to anyone with standing— i.e., who qualifies as an “aggrieved person.”

Ledford Gregory v. Massachusetts Mutual Life Insurance Company

764 F.2d 1437 · Court of Appeals for the Eleventh Circuit · Jul 9, 1985

Clarke told them that they did not have enough money to qualify for a contract with a guaranteed rate of interest and recommended one with a floating interest rate instead. … Defendant notes that the preliminary application clearly contemplated a written contract which would contain "terms and provisions acceptable to both said insurance company and the applicant."

Sharron v. Amalgamated Insurance Agency Services

704 F.2d 562 · Court of Appeals for the Eleventh Circuit · May 2, 1983

The opinion in Bayles, however, clearly establishes as the law of this Circuit 5 that the decision of the Trustees can be reversed only if it was arbitrary or capricious. … The Pension Fund was established under Section 302 of the Taft Hartley Act, 29 U.S.C.A.

Nuvell Financial Services Corp. v. Dean

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

In considering this appeal, the 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 novo review. … It is undisputed by the parties in this case that the Creditor’s claim qualifies as a ''910-claim” under the hanging paragraph. .

United States v. State of Alabama

691 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Aug 20, 2012

Alabama analogizes three cases to illustrate that section 17’s “compensatory remedies” cannot qualify as § 1324a sanctions. … We believe that the blanket prohibition of the right to enforce nearly any contract easily qualifies as an extraordinary burden.

Ward v. Hall

592 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Jan 4, 2010

established law if the state court unreasonably extends or fails to extend a clearly established legal principle to a new context. … application of clearly established law.

Jackson v. Motel 6 Multipurpose

130 F.3d 999 · Court of Appeals for the Eleventh Circuit · Dec 10, 1997

Most important, the Jackson plaintiffs clearly could not properly be certified as class representatives. A. … Unit B 1982).11 The predominance inquiry focuses on “the legal or factual questions that qualify each class member's case as a genuine controversy,” and is “far more demanding” than Rule 23(a)'s commonality requirement

United States v. Medina

485 F.3d 1291 · Court of Appeals for the Eleventh Circuit · May 11, 2007

Therefore, signing the Medicare Provider applications would qualify as a knowing misrepresentation under 18 U.S.C. § 1347 . … Therefore, we hold that the district court clearly erred when it did not make specific factual findings upon which to base *1305 the loss amounts attributable to each individual defendant.

United States v. John Dale Ramsdale, Charles Christoferson

61 F.3d 825 · Court of Appeals for the Eleventh Circuit · Aug 17, 1995

Furthermore, “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.” Id. … Ramsdale also claims that there was an impermissible variance between the allegations in the indictment and the facts established at trial. See United States v.

Lauderdale v. Director, Office Of Workers' Compensation Program

940 F.2d 618 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

All three doctors were "B-readers": physicians who have been found specially qualified to assess x-rays for evidence of pneumoconiosis. … We think there is clearly substantial evidence in the record to support this conclusion. 13 In light of the inconclusive medical evidence, the ALJ went on to consider lay evidence in attempting to establish Lauderdale's date

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

797 F.3d 859 · Court of Appeals for the Eleventh Circuit · Jul 28, 2015

The Court has not clearly established the evidentiary requirements necessary to survive the second prong of intermediate scrutiny, but Went For It explains that if the State presents “no studies,” and “the record [does] not … The Act clearly relates more closely to the political speech ban.

Boland v. Secretary, Department of Corrections

278 F. App'x 876 · Court of Appeals for the Eleventh Circuit · May 15, 2008

The Decision by the State Court Was Not Contrary To or an Unreasonable Application of Clearly Established Federal Law. … The conclusion by the state court that appellate counsel was not ineffective is not contrary to or an unreasonable application of clearly established federal law. IV.

Erik Sanchez v. Director McCray

349 F. App'x 479 · Court of Appeals for the Eleventh Circuit · Oct 19, 2009

In his appellate brief, Sanchez appears to misconstrue the district court’s holding, erroneously arguing that it was based on qualified immunity. … Because Sanchez failed to establish a due process right to a hearing prior to transfer, summary judgment was appropriate. C.

McKay v. United States

657 F.3d 1190 · Court of Appeals for the Eleventh Circuit · Sep 22, 2011

Archer, 531 F.3d at 1352 (“Here, where the Supreme Court [in Begay] has clearly set forth a new standard to evaluate which crimes constitute ‘violent felonies’ and ‘crimes of violence,’ our prior panel precedent in Gilbert … Canty, 570 F.3d 1251, 1255 (11th Cir. 2009) (citing Archer, 531 F.3d at 1352). 8 Under section 2255, [a] prisoner in custody under sentence of a court established by Act of Congress claiming

United States v. Dodge

566 F.3d 976 · Court of Appeals for the Eleventh Circuit · Mar 5, 2010

. §§ 16901–16962, establishes a national sex offender registry law, the purpose of which is “to protect the public from sex offenders and offenders against children.” Id. § 16901. … So had Dodge sought to deceive the thirteen-year-old into viewing the images, SORNA clearly would have compelled his registration.

Omar Ex Rel. Kelaher v. Babcock

177 F. App'x 59 · Court of Appeals for the Eleventh Circuit · Apr 18, 2006

immunity. … The issue before us is whether appellant has provided sufficient evidence of deliberate indifference to defeat appellees’ assertion of qualified immunity.5 The appellees are not subject to this 5 Appellant

Fidelity and Deposit Company of Maryland v. Southern Utilities, Inc.

726 F.2d 692 · Court of Appeals for the Eleventh Circuit · Mar 5, 1984

Rule 16 appears to have been invoked on the theory that dismissal at the pre-trial stage is proper where it clearly appears that plaintiff will be unable to prove the allegations of its complaint. … APPENDIX Southern’s summary of its circumstantial evidence of Hayworth’s dishonesty, contained in Brief of Appellant at 25-32 On August 1, 1979, Southern Utilities hired Hayworth, a qualified and able elec *696 trical construction

United States v. Micah Rudisill, Tim Hall Rudisill, A.K.A. Timothy Rudisill

187 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Oct 22, 1999

Micah and White established a mailing address in Georgia to receive the funds. The checks received were then deposited in banks in Birmingham, Alabama. … We readily conclude that the district court’s findings and its application of the obstruction of justice enhancement are not clearly erroneous.