Case law

Johnson v. Upton

615 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Aug 23, 2010

established federal law. … established federal law.

Lessie Anderson v. Cagle's, Inc.

488 F.3d 945 · Court of Appeals for the Eleventh Circuit · Jun 11, 2007

In addition, as a practical matter, the availability of defenses to some but not all of the putative class members “clearly poses significant case management concerns.” … Custom or Practice Under a Bona Fide CBA The named CFJV plaintiffs contend that the pay policy at issue does not qualify as a “custom or practice under a bona fide” CBA, as § 203(o) requires, because, although the

Findwhat Investor Group v. Findwhat.com

Court of Appeals for the Eleventh Circuit · Sep 30, 2011

However, no § 20(a) claim can lie without first establishing a successful § 10(b) claim. See Thompson v. … The securities laws do not immunize defendants who knowingly disseminate materially false or misleading information simply because their fraud concerns false information already believed by the market.

Nollie Lee Martin v. Louie L. Wainwright

770 F.2d 918 · Court of Appeals for the Eleventh Circuit · Aug 26, 1985

Although at trial the prosecution must establish, by a preponderance of the evidence, that a challenged confession was voluntary, see Lego v. … Martin’s final remaining claim is that his Sixth, Eighth, and Fourteenth Amendment rights were violated by the use of a death-qualified jury at trial.

State of West Virginia v. U.S. Department of the Treasury

59 F.4th 1124 · Court of Appeals for the Eleventh Circuit · Jan 20, 2023

RLUIPA “ap- plie[d] strict scrutiny to government actions that substantially bur- den[ed]” prisoners’ religious exercise and waived Georgia’s sover- eign immunity in “suits filed by prisoners to … We explained that Congress must spell out a condition “clearly enough for the states to make an informed choice.” Id. at 1306.

United States v. Timothy Dale Washington, II

707 F. App'x 687 · Court of Appeals for the Eleventh Circuit · Aug 31, 2017

Neither Descamps nor Mathis is “clearly on point” and “actually abrogate[s] or directly conflict[s] with, as opposed to merely weaken[s],” our holdings in Weeks and Overstreet. See id. … Washington does not challenge the district court’s implicit finding that the Shepard-approved materials established that his offense did not involve battery on a pregnant woman.

Nancy Carola Jacobsen v. Florida Secretary of State

957 F.3d 1193 · Court of Appeals for the Eleventh Circuit · Apr 29, 2020

After all, parties that have qualified to be on the ballot are similarly situated with respect to any right to be first on the ballot. … To me, the Secretary of State’s role in elections, specifically ballot ordering, points more clearly to the conclusion that she enforces the statute.

Serless West v. City of Albany, Georgia

Court of Appeals for the Eleventh Circuit · Oct 2, 2020

West also argues the district court erred by granting Berry and Brophy qualified immunity—an issue the district court never reached. … Section 1981 and Title VII clearly establish a right to be free from retaliation; the Equal Protection Clause does not. See CBOCS West, Inc. v.

Miller Industries, Cross-Appellants v. Caterpillar Tractor Co., Burford Equipment Co., Defendant-Cross-Appellee

733 F.2d 813 · Court of Appeals for the Eleventh Circuit · Jun 4, 1984

The majority thus concluded that although a warranty may preclude recovery for negligence, such a preclusion must clearly be made a part of the bargain. … The damage occasioned by the faulty sun gear thus would not qualify as "physical damage" as that term is generally used in the products liability context. 7 .

Peter Graff v. Baja Marine Corp.

310 F. App'x 298 · Court of Appeals for the Eleventh Circuit · Feb 2, 2009

The district court determined Rampolla was not qualified to 6 M-360-M does not specifically reference ductility. … While Georgia courts have not clearly identified when a plaintiff may rely on circumstantial evidence to establish a manufacturing defect, we recognize that this case differs in important respects from the typical case

Lead Central States Group & New Mexico Group v. HealthSouth Corp.

572 F.3d 854 · Court of Appeals for the Eleventh Circuit · Jun 17, 2009

We can readily conclude that the background of case law against which the PSLRA was enacted clearly established that the barring of such indemnity claims is permissible. … Scrushy’s claim for attorneys’ fees clearly cannot be considered to be independent of his liability to the underlying plaintiffs.

June T. Perry v. State Farm Fire & Casualty Company

734 F.2d 1441 · Court of Appeals for the Eleventh Circuit · Jun 22, 1984

State Farm also attempted to establish-that Mrs. … The condition of the house and its value were clearly relevant to the issue of motive for arson.

Davis v. Carl Cannon Chevrolet-Olds

182 F.3d 792 · Court of Appeals for the Eleventh Circuit · Jul 26, 1999

jurisdictional minimum necessary to establish diversity jurisdiction. We hold that it may not. I. … Cooke, ed. 1961) (“[I]n order to the inviolable maintenance of that equality of privileges and immunities to which the citizens of the union will be entitled, the national judiciary ought to preside in all cases in which

United States v. Robert Joseph Valerio

718 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Jun 20, 2013

We review the district court’s factual findings under the clearly erroneous standard; we review de novo its application of the law to those facts.” United States v. … Valerio did not qualify for the Terry exception to the Fourth Amendment’s probable cause rule. Instead, the passage of time between Mr.

Gary Lee Rymer and Deborah Ann Rymer v. Douglas County

764 F.2d 796 · Court of Appeals for the Eleventh Circuit · Jul 2, 1985

Appellants further alleged that these actions were part of an established custom to award building permits improperly and were in furtherance of a conspiracy to develop unusable land as residential property in order that … Clearly, the County had a valid interest in preventing this from continuing. The pleadings also reflect that the County gave the plaintiffs/appellants several opportunities to correct the leakage.

Lissette Hernandez v. Bob Hansell

695 F. App'x 523 · Court of Appeals for the Eleventh Circuit · Aug 11, 2017

The court granted summary judgment after determining that officers Davila, Yacoub, Acevedo, and Furey are entitled to qualified immunity. We agree with that determination. … Those claims are not at issue here. 2  Case: 16-17124 Date Filed: 08/11/2017 Page: 3 of 4 “clearly established” law in entering and searching Hernandez

Michael D. Van Etten v. Bridgestone/Firestone, Inc

263 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 28, 2001

A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous. Mincey v. … North, 692 F.2d 880, 893 (2d Cir.1982) (holding that submission of materials in connection with motion for summary judgment precludes assertion of attorney-client privilege or work product immunity). .

Damiano v. Federal Deposit Insurance

104 F.3d 328 · Court of Appeals for the Eleventh Circuit · Jan 29, 1997

pending exhaustion of the administrative process.6 See 5 The court ruled that: (1) Damiano's letter dated January 18, 1991, was sent before the RTC became receiver and therefore could not qualify … Crow (In re Spring Valley Farms, Inc.), 863 F.2d 832, 835 (11th Cir.1989) ("The language in City of New York clearly is not grounded in goals unique to the former bankruptcy act.

Curtis Davis v. Producers Agricultural Insurance Company

762 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Aug 6, 2014

Davis’s failure to meet his substantive burden to establish entitlement to payment of his claim. … In order to qualify for reinsurance through the FCIC, the policies written by approved private insurers must comply with the FCIA and its accompanying regulations.

Ray L. Johnston v. James Crosby

135 F. App'x 375 · Court of Appeals for the Eleventh Circuit · Jun 16, 2005

Sanchez-Velasco, 287 F.3d at 1017. 3 Based on our resolution of this argument, we do not reach Johnston’s additional argument that the district court erred in finding that Moore and Carter were entitled to qualified … immunity. 3  We review a district court’s grant of summary judgment de novo, viewing the evidence in the light most favorable to the party opposing the motion.