Case law

Prater v. United Mine Workers of America

793 F.2d 1201 · Court of Appeals for the Eleventh Circuit · Jul 18, 1986

District 20 contends that the evidence was insufficient to establish liability under § 303. … Pape that municipal corporations were immune from suit under § 1983 later was overruled in Monell v. Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). .

Gilchrist Timber Co. v. ITT Rayonier, Inc.

127 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Nov 18, 1997

Neither case establishes when an appraisal is too remote to be admissible. … The Florida Supreme Court has answered our question "with a qualified affirmative, finding that the party who negligently transmitted the false information may be held liable when the recipient is able to establish a negligent

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.

Michael W. McWilliams v. Escambia Charter School

144 F. App'x 840 · Court of Appeals for the Eleventh Circuit · Aug 15, 2005

He argues that ECS asserted a defense of governmental immunity during the state civil proceedings, and Florida statutes provide that ECS is a public school. … Additionally, no prior Supreme Court case clearly forecloses his claim.

United States v. Mehrzad Arbane

446 F.3d 1223 · Court of Appeals for the Eleventh Circuit · Apr 21, 2006

Singletary, 62 F.3d 1295 , 1298 n. 2 (11th Cir.1995) ("Issues not clearly raised in the briefs are considered abandoned.”). … See Fernandez, 797 F.2d at 949 (holding that past involvement in drug activity does not qualify as evidence of an agreement to import).

United States v. Christopher

923 F.2d 1545 · Court of Appeals for the Eleventh Circuit · Feb 21, 1991

We will only overturn the district court’s findings of fact if they are clearly erroneous. United States v. Perez, 824 F.2d 1567, 1572 (11th Cir.1987). … In addition to prescribing sentencing ranges for particular offenses, the Sentencing Guidelines establish certain procedures which must be followed.

United States v. Isaac Bonilla

463 F.3d 1176 · Court of Appeals for the Eleventh Circuit · Sep 5, 2006

restated his 5 objection to the two-level enhancement for his status as the captain on the boat, arguing that his conduct in steering and owning the vessel was not enough to qualify … “[T]he party who challenges the sentence bears the burden of establishing that the sentence is unreasonable in the light of both [the] record and the factors in section 3553(a).” Id.

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. 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.

Bank of New York v. Sunshine-Jr. Stores, Inc. (In Re Sunshine-Jr. Stores, Inc.)

456 F.3d 1291 · Court of Appeals for the Eleventh Circuit · Jul 18, 2006

Trustee shall be under no liability for interest on any money received by it 14 The TIA, at 15 U.S.C. § 77ooo(a)(1), states: (a) Duties prior to default: The indenture to be qualified … Specifically, the Agreement established different trustee obligations depending on the res to be held in trust.

Michael Urfirer v. Robert Cornfeld

408 F.3d 710 · Court of Appeals for the Eleventh Circuit · May 5, 2005

Because the claims against Robert and Jeffrey Cornfeld are not clearly limited to precisely the same transactions at issue in the case against Leslie Cornfeld, and because Urfirer alleges that the fiduciary duty Robert … Urfirer further argues that even if he does not qualify as a shareholder, a court nevertheless has discretion to grant him inspection rights.

United States v. Graham

643 F.3d 885 · Court of Appeals for the Eleventh Circuit · Jun 14, 2011

Graham that even a very intelligent person—clearly Mr. Graham is that—benefits from having counsel because counsel adds respectability and can advocate on someone’s behalf. … Regardless of the applicable standard of 23 review, the record clearly shows that Key was testifying based on his own personal knowledge as a former attorney who had engaged in

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."

United States v. Rolando Antuain Williamson

Court of Appeals for the Eleventh Circuit · Feb 13, 2025

It recognized, with Carpenter in mind, that whether pole cameras are the same as security cameras is irrelevant “because the cameras here would clearly qualify as a conventional surveillance technique … Ciaraolo, 476 U.S. 207, 213–14 (1986), constitutionally immunizes pole cameras regardless of the length of time they record nearby human activi- ties.

Ricky D. Adkins v. Warden, Holman CF

Court of Appeals for the Eleventh Circuit · Feb 27, 2013

It is thus abundantly clear that this principle is clearly established federal law. … Batson clearly established that the Alabama Court of Criminal Appeals was required to consider all relevant circumstances in making its ultimate factual determination.

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).

Cornelius Kenyatta Craig v. United States

703 F. App'x 798 · Court of Appeals for the Eleventh Circuit · Jul 25, 2017

We concluded that although Craig’s § 924(c) convictions in case number 98-cv-00099 were clearly based on his carjacking convictions, he had made a prima facie showing that he was entitled to file a second or successive … as a crime of violence under § 924(c)(3)(A)’s use-of-force clause is arguably untimely under § 2255(f), as this claim is not premised on the newly recognized right established by the Supreme Court in Johnson.

United States v. Sarras

571 F.3d 1111 · Court of Appeals for the Eleventh Circuit · Jun 16, 2009

Ferdon studied the 14 laptop photos showing the penis and testified that, in his medical opinion, 2 of the 14 photos showed a penis that is “clearly completely circumcised.” … In his medical opinion, two of the laptop photos showed a penis that, unlike Sarras’s, was “clearly completely circumcised.”

Cox v. Autozone, Inc.

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

. § 825.208(a) (“In all circumstances, it is the employer’s responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee as provided in this section.”). 29 … The Act’s legislative history also indicates FMLA establishes a baseline of 12 weeks of leave. S. Rep.

Hattie A. Dickerson v. Secretary, Department of Veterans Affairs

489 F. App'x 358 · Court of Appeals for the Eleventh Circuit · Sep 7, 2012

Act discrimination claim, and that motion clearly sought resolution of this case in its entirety; it was not a motion for partial summary judgment. … The plaintiff has the burden to identify an accommodation and establish that the accommodation is reasonable. See Willis v.