Case law

GA Manufactured v. Spalding County

148 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 6, 1998

BLACK, Circuit Judge:  Spalding County, Georgia (County), amended its Zoning Ordinance to require that manufactured homes be built with a 4:12 roof pitch to qualify for placement in most residential districts. … The amendment established three classes of manufactured housing, two of which are relevant here.

United States v. Killough

848 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Jul 12, 1988

Defendants in another False Claims Act case alleged they had an agreement with the *1527 Assistant United States Attorney that if defendants accepted a grant of immunity and testified for the government, defendants would … It was imperative for the district judge , to apprise the jury that liability for those particular counts had been established.

Ruth Mitchell v. Frank McKeithen

Court of Appeals for the Eleventh Circuit · Nov 29, 2016

Alternatively, the district court found both defendants were entitled to qualified immunity. … This conclusion leaves us with no need to evaluate the district court’s finding about qualified immunity, so we do not. A.

United States v. Jackson County, AL

252 F.3d 1193 · Court of Appeals for the Eleventh Circuit · May 29, 2001

Scottie has failed to establish by a preponderance of the evidence that this evidence was not correct. … From the perspectives of legislative intent as well as policy, we concluded that "[c]lassifying post-illegal act transferees as innocent owners because they had no opportunity to consent creates a sweeping grant of immunity

United States v. Darrell Green

Court of Appeals for the Eleventh Circuit · Sep 4, 2014

But even that guideline range did not qualify Green for a reduced sentence. … “And [the] defendant, as the § 3582(c)(2) movant, bears the burden of establishing that a retroactive amendment has actually lowered his guidelines range in his case.” United States v.

United States v. Jackson County, AL

252 F.3d 1193 · Court of Appeals for the Eleventh Circuit · May 29, 2001

Scottie has failed to establish by a preponderance of the evidence that this evidence was not correct. … From the perspectives of legislative intent as well as policy, we concluded that "[c]lassifying post-illegal act transferees as innocent owners because they had no opportunity to consent creates a sweeping grant of immunity

United States v. Garey

540 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Aug 20, 2008

Osteen as standby counsel. * * * Rather than choose any of the options offered, Marshall simply insisted that he did not feel that Osteen was qualified to represent him. … What the trial court did do was explain to Garey, clearly and repeatedly, what his constitutional choices were and what dangers lay along the path of self-representation.

Red Door Asian Bistro v. City of Fort Lauderdale

Court of Appeals for the Eleventh Circuit · Aug 30, 2023

immunity. … First, Gonzalez asserts the defense of qualified immunity.

Ford v. Garcia

289 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Apr 30, 2002

As the majority clearly establishes, current international law provides that an official without legal authority may be held responsible for others' violations of international law where that official exercised a degree of … established."

Macon ex rel. Griffin v. Sullivan

929 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Apr 11, 1991

A legitimate child, if unmarried and under a specified age, automatically qualifies as a “child” and as “dependent.” See 42 U.S.C. §§ 402 (d)(1) and 402(d)(3). … Specifically, the notice of rejection based the denial on the failure to establish child status under 42 U.S.C. § 416 (h)(3).

Solomon v. Liberty County Comrs.

166 F.3d 1135 · Court of Appeals for the Eleventh Circuit · Feb 3, 1999

Id. at 9 very unusual case in which plaintiffs can establish the existence of the three Gingles factors but still have failed to establish a violation of section 2,” id … The plaintiff, Gregory Solomon, testified that Jennings may have been included in a candidate slate in 1980, but qualified his answer by speculating that “Mr.

Hurlbert Ex Rel. Estate of Hurlbert v. St. Mary's Health Care System, Inc.

439 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Feb 16, 2006

The regulations further note that absences attributable to incapacity under paragraph (iii) “qualify for FMLA leave even though the employee . . . does not receive treatment from a health care provider during the absence, … We have recognized that an employer’s failure to articulate clearly and consistently the reason for an employee’s discharge may serve as evidence of pretext. See id. at 1245-46; Donnellon v.

United States v. Samuel Scroggins

880 F.2d 1204 · Court of Appeals for the Eleventh Circuit · Jul 31, 1989

In so concluding, we note that the Sentencing Commission clearly intended such a result. … In particular, the commentary to guideline 3E1.1 states that “[i]n determining whether a defendant qualifies for this provision, appro *1216 priate considerations include ... voluntary termination or withdrawal from criminal

U.S. Nutraceuticals, LLC v. Cyanotech Corporation

Court of Appeals for the Eleventh Circuit · Oct 30, 2014

Assuming it is true, as Cyanotech argues, that much of the conduct about which Valensa has reason to complain actually occurred during the term of the 2 I use the qualifier “likely” to note the possibility … Op. at 9 (emphasis added), clearly rests on the 2010 Agreement.

Satellite Broadcasting And Communications Association Of America v. Ralph Oman

17 F.3d 344 · Court of Appeals for the Eleventh Circuit · Mar 24, 1994

Moreover, the Office concluded that Sec. 111(f) was "clearly directed at localized retransmission services," based on the section's provision that "two or more cable systems in contiguous communities ... operating from one … In particular, nothing in this Act is intended to reflect any view concerning whether ... an entity that retransmits television broadcast signals by satellite to private homes could qualify as a "cable system" under section

Davis v. Singletary

119 F.3d 1471 · Court of Appeals for the Eleventh Circuit · Aug 11, 1997

Krop's opinion that Davis was insane at the time of the offense and thereby establish that attorney Tassone rendered ineffective assistance in this respect. … During voir dire, the venire persons were death-qualified, see Witherspoon v.

In Re: Eric Watkins

Court of Appeals for the Eleventh Circuit · Sep 9, 2024

personal liability, because there is no indication the supervisor had fair notice that library policy unconstitutionally abridged protected speech, or that the suspensions otherwise violated Watkins’s clearly … established rights.

United States v. Laetividal-GonzaLez

939 F.2d 1455 · Court of Appeals for the Eleventh Circuit · Aug 27, 1991

. §§ 846 and 963 were amended to clearly require the same mandatory minimum penalties without parole for both conspirators and substantive offenders. … Clearly, then Rosales-Martinez had the required opportunity to rebut or cast doubt on any evidence gathered from the trial of his co-defendants.

Cotton v. Pipe & Foundry Company

856 F.2d 158 · Court of Appeals for the Eleventh Circuit · Nov 1, 1988

Appellants' arguments were often difficult to discern and clearly untenable. Any attack on the original consent decree was precluded by Cotton v. Hinton. … This claim was also clearly precluded under existing law in this Circuit. 27 The judgment of the district court is AFFIRMED with respect to Cotton and Herrod.

State of Alabama v. Steven Thomason

687 F. App'x 874 · Court of Appeals for the Eleventh Circuit · May 4, 2017

. § 1981 qualifies as a law providing for equal civil rights within the meaning of § 1443(1). See City of Greenwood v. Peacock, 384 U.S. 808, 825, 86 S. … . [§] 1981, do qualify under the statutory definition [in § 1443(1)].”); Alabama v. Conley, 245 F.3d 1292, 1296 (11th Cir. 2001).