Case law

U.S. Nutraceuticals, LLC v. Cyanotech Corporation

769 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Oct 30, 2014

In short, the 2010 Agreement clearly controls, and arbitration of arbitrability is not clearly and unmistakably agreed to by the terms of that agreement. … I use the qualifier "likely” to note the possibility, asserted by Valensa, that at least some portions of this dispute do not arise under either of the parties’ agreements. I need not address Valensa’s assertion here. .

Adrean Lans v. Melissa Stuckey

203 F. App'x 956 · Court of Appeals for the Eleventh Circuit · Oct 19, 2006

Qualified immunity protects police officers performing discretionary functions from liability under section 1983 as long as their conduct does not violate a clearly established constitutional right. See Rich v. … the officer violated a constitutional right and (2) establish that the violated right was clearly established, Kingsland v.

David Williamson v. Brevard County

928 F.3d 1296 · Court of Appeals for the Eleventh Circuit · Jul 8, 2019

To that end, the Supreme Court has long “adhered to the principle, clearly manifested in the history and logic of the Establishment Clause, that no State can ‘pass laws which aid one religion’ or that ‘prefer one religion … denied the opportunity on account of being an atheist or because he was going to deliver a nonreligious prayer, “the House permissibly limits the opening prayer to religious prayer” and the atheist’s prayer would not have qualified

Faragher v. City of Boca Raton

76 F.3d 1155 · Court of Appeals for the Eleventh Circuit · Feb 8, 1996

The court rejected Terry's qualified immunity defense. The court awarded Faragher $10,000 in compensatory damages against Terry and Silverman, jointly and severally. … Our cases establish the following rules. An employer is directly liable for sexual harassment when the harasser is acting as the employer's agent.

Richard Jordan v. Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit · Nov 19, 2018

The Federal Magistrate’s Act lists several examples of motions that qualify as dispositive matters, including motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment … See Jones, 811 F.3d at 1292–93 (reaffirming this Court’s precedent establishing that a condemned inmate has no right to require disclosure of information protected by the Lethal Injection Secrecy Act).

Faragher v. City of Boca Raton

76 F.3d 1155 · Court of Appeals for the Eleventh Circuit · Feb 8, 1996

The court rejected Terry's qualified immunity defense. The court awarded Faragher $10,000 in 2 Neither Terry nor Silverman contends on appeal that sexual harassment is not cognizable under § 1983. … Our cases establish the following rules. An employer is directly liable for sexual harassment when the harasser is acting as the employer's agent.

John Dillard v. Baldwin County Commissioners

376 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Jul 13, 2004

The issue in Frew was whether a federal court had the authority to enforce the terms of a consent decree against state officials, without violating their Eleventh Amendment immunity, to the extent those obligations exceeded … See, e.g., McNeil, 851 F.2d at 942 (explaining that “[t]he creation of preconditions [is] a choice of clear rules over muddy efforts to discern equity [that] shields the courts from meritless claims and ensures that clearly

Stokes v. Singletary

952 F.2d 1567 · Court of Appeals for the Eleventh Circuit · Jan 27, 1992

Clearly, there is a significant dis *1574 tinction between legal conclusions, to which a presumption of correctness is not accorded, and historical facts, which are given a presumption of correctness unless they are within … Almond testified against Stokes, but the Outlaws leader, who ordered the killings, received immunity for his cooperation concerning a number of homicides.

Ochran v. United States

117 F.3d 495 · Court of Appeals for the Eleventh Circuit · Jul 21, 1997

This broad waiver of immunity, however, is subject to several exceptions. … Clearly, the *501 AUSA would have to exercise judgment to determine the appropriate means for providing protection. On its face, the provision dealing with advising the U.S.

Tracy Klinedinst v. Swift Investments, Inc.

260 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Aug 6, 2001

With this in mind, we conclude that Klinedinst's flat rate wages constitute a "commission" but are only exempt from overtime pay if Swift can establish that it has qualified for the overtime exemption provided in section … Whatever one's view of the current efficacy of this 1937 remedial legislation, it is not our place or the Labor Department's to circumvent it by adopting a definition of commission not clearly intended by Congress.

Derrick Myron Lloyd v. David T. Marshall

525 F. App'x 889 · Court of Appeals for the Eleventh Circuit · Jul 29, 2013

The state troopers and Agent Henderson moved for summary judgment on the basis of qualified immunity and submitted affidavits and the arrest report in support of their motions. … Lloyd also failed to establish that the officers used more force than necessary to capture and restrain him. See Nolin v. Isbell, 207 F.3d 1253, 1255–57 (11th Cir. 2000).

Mattie Norman, Clara Marshall, Individually and on Behalf of All Others Similarly Situated v. The Housing Authority of the City of Montgomery

836 F.2d 1292 · Court of Appeals for the Eleventh Circuit · Feb 1, 1988

The measure of good advocacy is that the client’s best positions are advanced clearly, crisply and compellingly. … Likewise, the district court’s determination of hours reasonably expended must be reversed as clearly erroneous.

Horowitch v. DIAMOND AIRCRAFT INDUSTRIES, INC.

645 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Jul 7, 2011

We certify these questions because we are unable to find definitive answers in clearly established Florida law as set forth in case law or statutes. … Gardens by the Sea South Condominium Assoc., 424 So. 2d 181, 184 (Fla. 4th DCA 1983) (awarding attorney’s fees to a prevailing defendant even though the transaction did not qualify as a “consumer transaction” and the FDUTPA

United States v. Bryan Michael Johnson

665 F. App'x 788 · Court of Appeals for the Eleventh Circuit · Nov 16, 2016

For a factual finding to be clearly erroneous, we must be left with a definite and firm conviction after reviewing all the evidence that a mistake has been committed. Id. … But Johnson cannot establish plain error because neither we nor the Supreme Court have held that the federal bank robbery statute is overbroad and cannot qualify as a crime of violence for the career offender guideline

Edward Dell v. United States

710 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Feb 27, 2013

Although the error was not “plain” at the time of sentencing, “where the law at the time of trial was settled and clearly contrary to the law at the time of appeal — it is enough that the error be ‘plain’ at the time of appellate … Moreover, Jenkins qualified for the safety valve of U.S.S.G. § 5C1.2 and thus was not subject to the ten-year mandatory minimum sentence that applied to Dell.

Schoenfeld v. Babbitt

Court of Appeals for the Eleventh Circuit · Mar 4, 1999

Prima Facie Case In a traditional failure-to-hire case, the plaintiff establishes a prima facie case by showing that: (1) he was a member of a protected class; (2) he applied and was qualified for a position for … The district court’s grant of summary judgment was based solely on Schoenfeld’s inability to establish a prima facie case.

Arthur v. Commissioner, Alabama Department of Corrections

840 F.3d 1268 · Court of Appeals for the Eleventh Circuit · Nov 2, 2016

Second, it determined that .the district court did not clearly err in finding that the prisoners failed to establish that Oklahoma’s use of a large dose of midazolam in its execution protocol entailed “a substantial risk … Strader is a qualified cardiologist and competent tó testify as such. But Dr.

Morris v. Crow

117 F.3d 449 · Court of Appeals for the Eleventh Circuit · Sep 12, 1997

Morris' conduct at the polling place is clearly of the kind that "impairs discipline by superiors or harmony among coworkers, [or] has a detrimental impact on close working relationships for which personal loyalty and confidence … CONCLUSION 86 The judgment of the district court is REVERSED, and the case is REMANDED for entry of judgment in favor of the defendants. 1 The defendants also raise on appeal issues concerning qualified immunity, jury instructions

Elena Lyadina Saville v. Clarence William Webb

Court of Appeals for the Eleventh Circuit · Aug 7, 2025

Thus, Saville failed to establish the predicate act of fraud in connection with identification documents based on Webb’s business license using a false name. … because he acted under a 14 But even if Judge Thomas’s prohibitions qualified as an injunction, she prob- ably still enjoys judicial immunity.

Tracy Klinedinst v. Swift Investments, Inc.

260 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Aug 6, 2001

With this in mind, we conclude that Klinedinst’s flat rate wages constitute a “commission” but are only exempt from overtime pay if Swift can establish that it has qualified for the overtime exemption provided in section … Whatever one’s view of the current efficacy of this 1937 remedial legislation, it is not our place or the Labor Department’s to circumvent it by adopting a definition of commission not clearly intended by Congress.