Case law

Florida Virtualschool v. K12, Inc.

773 F.3d 233 · Court of Appeals for the Eleventh Circuit · Nov 17, 2014

The opinion of the Eleventh Circuit provides the relevant facts of the action filed by the Florida Virtual School against K12: Florida VirtualSchool was "established for the development and delivery of … The board of trustees shall be a public agency entitled to sovereign immunity pursuant to s. 768.28, and board members shall be public officers who shall bear fiduciary responsibility for the Florida Virtual

United States v. Robert Brandon Malone

51 F.4th 1311 · Court of Appeals for the Eleventh Circuit · Oct 26, 2022

Others require us to faithfully apply well- established law. This case falls into the second camp. … Unlike the instant case, in Puckett there was a district court error at sentencing because the government’s breach was clearly before the district court.

Evans v. McClain of Georgia, Inc.

131 F.3d 957 · Court of Appeals for the Eleventh Circuit · Dec 18, 1997

; and other equally or less qualified employees who were not members of the protected class were promoted. … While this motivation is clearly unlawful under the National Labor Relations Act, see McClain of Georgia, Inc., 322 N.L.R.B. 367 (1996), it in no way violates Title VII or § 1981.

Associated Transport Line, Inc. v. Productos Fitosanitarios Proficol El Carmen, S.A.

197 F.3d 1070 · Court of Appeals for the Eleventh Circuit · Dec 8, 1999

General jurisdiction has been found lacking even where a company had employees, agencies and salespeople regularly in the forum; where the company was qualified to do business in the forum; and where it regularly solicited … Clearly, Proficol's nine sales over four years is insufficient by these yardsticks.

United States v. Wali Ebbin Rashee Ross

941 F.3d 1058 · Court of Appeals for the Eleventh Circuit · Oct 29, 2019

Stat. § 509.141(1), which states that “[t]he operator of any public lodging establishment . . . may remove . . . in the manner hereinafter provided, any guest of the establishment . . . who . . . fails to check out by the … The statute requires a hotel “operator [to] . . . notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment”—if the guest

Lakeland Health Care Associates, LLC v. National Labor Relations Board

696 F.3d 1332 · Court of Appeals for the Eleventh Circuit · Oct 2, 2012

On the issue of the LPNs’ authority, Lakeland argues that the record clearly establishes that the LPNs possess the authority to discipline, suspend, and effectively recommend the termination of the CNAs, and to assign and … Whether an individual qualifies as a "supervisor” under the Act does not necessarily rest on his or her employer’s ability to provide actual examples of disciplinary authority.

50 Fair empl.prac.cas. 163, 50 Empl. Prac. Dec. P 39,089 Willie Jones v. Joseph Gerwens, as Chief of Police of the City of Fort Lauderdale Police Department, and City of Fort Lauderdale Police Department

874 F.2d 1534 · Court of Appeals for the Eleventh Circuit · Jun 13, 1989

Id. 8 The court found, with respect to the charges of untruthfulness and failure to obey an order, that Jones' disparate treatment claim also failed, because "[t]he evidence clearly shows that white officers charged with … This may be done by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected

Scarfo v. Ginsberg

Court of Appeals for the Eleventh Circuit · May 14, 1999

The district court determined that the evidence did not establish a high degree of interrelatedness between Galaxy Frame, DBG 95, Dr. … Summary judgment thus would have been appropriate only if there were no disputed issues of material fact – and, as the record in this case clearly demonstrates, this was not the case here.

United States v. Matthew Bryan Caniff

916 F.3d 929 · Court of Appeals for the Eleventh Circuit · Feb 15, 2019

. ----, 139 S.Ct. 854 , --- L.Ed.2d ----, 2019 WL 113506 (2019), established the following: St. … Detective Greene's challenged testimony may be ambiguous, but it clearly did not expressly address Caniff's mental state.

Donald Burns v. Town of Palm Beach

999 F.3d 1317 · Court of Appeals for the Eleventh Circuit · Jun 8, 2021

It is not limited -- as the majority suggests -- to public displays clearly related to the narrow issues of the day. … The constitutional protection is afforded to ‘speech,’ and acts that qualify as signs with expressive meaning qualify as speech within the meaning of the Constitution.”

Wilfredo A. Zalaya v. Secretary, Florida department of Corrections

798 F.3d 1360 · Court of Appeals for the Eleventh Circuit · Aug 24, 2015

The government asserted that Zelaya failed to qualify for relief under the savings clause. … Scott, 177 F.3d 1236 (11th Cir. 1999), which considered when a petitioner may rely on the savings clause.4 Zelaya clearly and repeatedly insisted that he be permitted to proceed under § 2241.

Alabama v. United States Environmental Protection Agency

871 F.2d 1548 · Court of Appeals for the Eleventh Circuit · Apr 18, 1989

The legislative history behind this section supports rather than clearly contradicts this conclusion. … Section 310 is qualified by the phrase "Except as provided in ... section 9613(h) of this title (relating to timing of judicial review)_” .

A.I.G. Uruguay Compania De Seguros, S.A. v. AAA Cooper Transportation

334 F.3d 997 · Court of Appeals for the Eleventh Circuit · Jun 19, 2003

If the carrier cannot meet this burden, then liability is established. … We accepted in that sam e case a letter from a Singa pore A irlines em ployee th at “qualifies the equip ment sen t to Offshore as being in an unserviceable state.” Id. (internal q uotation s omitted ).

Kyle Bosarge v. Mobile Area Water & Sewer Service

Court of Appeals for the Eleventh Circuit · Jan 24, 2022

immunity. … Plaintiff did not identify the qualified immunity ruling in his opening brief as an issue for appeal, nor did he offer any substantive argument on the qualified immunity issue in his opening brief.

North Buckhead Civic Association v. Skinner

903 F.2d 1533 · Court of Appeals for the Eleventh Circuit · Jun 26, 1990

Then, before a draft of the EIS was written, studies were conducted, analyses done, pertinent data accumulated, and alternative means of attaining the established project goals were considered. … "When specialists express contrary views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive."

United States v. 434.00 Acres of Land More or Less, in Camden County, State of Georgia

792 F.2d 1006 · Court of Appeals for the Eleventh Circuit · Jun 27, 1986

This conveyance gave to the United States “an easement and right for the establishment, maintenance, operation and use of a safety area, in connection with the Kings Bay Ammunition Loading Terminal” over parcels 33 and 34 … It may be reversed on appeal only if clearly erroneous. Fed.R.Civ.P. 52(a).

Darrell Cummings v. Matthew T. Whiddon

757 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Jul 8, 2014

Rather, such a litigant acquiesces in and subjects himself to the established rules of practice and procedure. Birl v. Estelle, 660 F.2d 592, 593 (5th Cir. … SO ORDERED. 11 Cummings does not argue that the Magistrate Judge’s denial was based on a clearly erroneous factual finding.

Jose Rivera v. Ruben Lebron

Court of Appeals for the Eleventh Circuit · Aug 25, 2020

The remaining defendants then answered the complaint, denying any use of excessive force and claiming qualified immunity. … immunity.

Ann Mitchell v. City of Mobile

Court of Appeals for the Eleventh Circuit · Dec 4, 2018

The district court further concluded the officers were entitled to qualified immunity because it was not clearly established at the time of the shooting that their actions would violate the

Bernard Litman v. Massachusetts Mutual Life Insurance Company

739 F.2d 1549 · Court of Appeals for the Eleventh Circuit · Aug 27, 1984

However, the record clearly forecloses this challenge. … This evidence in the record clearly establishes a sufficient basis for the jury’s award of future damages. III.