Case law

Christina Paylan, Dr. v. Darrell Dirks

Court of Appeals for the Eleventh Circuit · Feb 17, 2021

P. 12(b)(6), and later entered summary judgment in Devage’s favor based on qualified immunity. … The district court also did not err by granting summary judgment based on qualified immunity in favor of Devage and against Paylan’s complaint that the deputy invaded her privacy.

United States v. Wade Anthony Drummond

Court of Appeals for the Eleventh Circuit · Feb 8, 2001

To invoke this exception, however, we have placed the burden on the detainee to establish that the “primary or exclusive purpose of the civil detention was to hold him for future prosecution.” … We are convinced that Drummond’s prior conviction for menacing clearly satisfies the “crime of violence” component of the definition of aggravated felony.

United States v. Wyatt Henderson

409 F.3d 1293 · Court of Appeals for the Eleventh Circuit · May 23, 2005

The Supreme Court itself has clearly indicated that reasonable judges can disagree over the reliability of polygraph methodology. … This constitutional Booker error also qualifies as "plain," because "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

United States v. Miguel Monzo

Court of Appeals for the Eleventh Circuit · Apr 7, 2017

First, we are unpersuaded by Monzo’s claim that the district court clearly erred in denying his request for a minor-role reduction. We review a district court’s denial of a role reduction for clear error. … The defendant bears the burden of establishing his minor role by a preponderance of the evidence. Bernal-Benitez, 594 F.3d at 1320.

Rickey Bernard Roberts v. Harry K. Singletary, Secretary, Florida Department of Corrections

29 F.3d 1474 · Court of Appeals for the Eleventh Circuit · Aug 10, 1994

We review factual conclusions made by the district court under the clearly erroneous standard. We review mixed questions of fact and law de novo.” Hamilton v. … The judge concluded that being on parole qualified as being under a “sentence of imprisonment,” and instructed the jury accordingly. Accordingly, Roberts remains eligible for the death penalty. C.

United States v. Angelo Pepe and Thomas Miglionico, United States of America v. Albert Joseph Facchiano, Francis Santo, Paul Santo

747 F.2d 632 · Court of Appeals for the Eleventh Circuit · Nov 28, 1984

If a defendant fails to establish any of these elements he has failed to establish a prima facie violation of the sixth amendment. … The trial judge clearly acted within his discretion in admitting the evidence. 75 2.

U.S. Commodity Futures Trading Commission v. Southern Trust Metals, Inc.

880 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Jan 22, 2018

Date Filed: 01/22/2018 Page: 20 of 34 Nor did the district court clearly err in finding that Escobio knew that Berkeley and Hantec did not make any loans to Southern Trust’s customers, even though Southern … But other misrepresentations found by the district court easily qualify as material.

Sciarrino v. City Of Key West

83 F.3d 364 · Court of Appeals for the Eleventh Circuit · May 16, 1996

In addition, the city established a permitting system for OPC barkers who sought to work on public lands. … (clearly erroneous standard does not apply to determinations of whether regulation directly advances government interest in First Amendment cases). 5 Ms.

Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton

234 F.3d 1163 · Court of Appeals for the Eleventh Circuit · Dec 18, 2000

In addition to the lack of detrimental reliance by voters on Florida’s previously established election procedures, the record before us is not sufficient to conclude that the district court was clearly erroneous in declining … Stat. § 102.166 , or brought by a candidate, qualified voter, or taxpayer as a contest under Fla. Stat. § 102.168 .

Lamonica v. Safe Hurricane Shutters

Court of Appeals for the Eleventh Circuit · Aug 31, 2010

First, it provided for enterprise-wide coverage rather than coverage of only certain qualifying individual employees. … “[S]elling” and “working on” clearly do; “handling” does as well.

Alice Guan v. Ellingsworth Residential Community Association, Inc.

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

Next, the District Court found that the Bankruptcy Court did not clearly err by finding that Ellingsworth did not act in bad faith. … Instead, the statute allows any entity involved in regular business-like functions—no matter if its primary goal is to earn a profit—to qualify for reorganization under subchapter V.

Geta Barr v. Florence Johnson

Court of Appeals for the Eleventh Circuit · Jun 6, 2019

Qualified immunity We also decline to reach the defendants’ argument presented in their appellee brief that Henderson and Watkins are entitled to qualified immunity on Barr’s procedural due process claim. … We decline to address the qualified-immunity issue in the first instance. IV.

Adam Hulbert v. USA

Court of Appeals for the Eleventh Circuit · Mar 9, 2022

The district court ruled that Judge Simpson had absolute judicial immunity from suit for his judicial acts while presiding over Hulbert’s divorce and child-custody pro- ceedings. We affirm. … USCA11 Case: 21-11830 Date Filed: 03/09/2022 Page: 3 of 4 21-11830 Opinion of the Court 3 We “determine whether the complaint alleges a clearly established constitutional

Boca Raton Community Hospital, Inc. v. Tenet Health Care Corp.

582 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Sep 4, 2009

Medicare reimburses participating hospitals for treatments given to qualified patients during acute care inpatient hospital stays. … What Boca’s expert opinion fails to recognize (which, by contrast, its liability theory does) is the range of behavior between clearly unlawful and perfectly lawful.

Medical Center Hospital v. Otis R. Bowen, Secretary of Health & Human Services

839 F.2d 1504 · Court of Appeals for the Eleventh Circuit · Mar 17, 1988

Under Part A of the Medicare program, qualified hospitals (providers) receive reimbursement for services provided to Medicare beneficiaries. … Thus, section 1395x(v)(l)(A) clearly authorizes the Secretary to promulgate regulations establishing how reasonable costs are to be determined.

Hardwick v. Crosby

320 F.3d 1127 · Court of Appeals for the Eleventh Circuit · Jan 31, 2003

Appellant presented no evidence or testimony from qualified witnesses during either the guilt or penalty phases of trial. … Hardwick's history of alcohol and drug abuse is clearly established as well as the binge during the weekend of the murder.

Deborah Ann Packer v. Commissioner, Social Security Administration

542 F. App'x 890 · Court of Appeals for the Eleventh Circuit · Oct 29, 2013

“A clearly articulated credibility finding with substantial supporting evidence in the record will not be disturbed by a reviewing court.” Foote v. Chater, 67 F.3d 1553, 1562 (11th Cir. 1995). … We have explained that the finding of any severe impairment, whether or not it qualifies as a disability, is enough to satisfy the requirement of step two of the sequential evaluation process. Jamison v.

Bobby Earl Lusk, Cross-Appellant v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-Appellee

890 F.2d 332 · Court of Appeals for the Eleventh Circuit · Nov 22, 1989

The evidence relative to Lusk's favorable adjustment to prison life does not qualify as a statutory mitigating circumstance, is not capable of justifying his crime, and would not offset the clearly established statutory aggravating … established statutory aggravating evidence). 9 .

United States v. Wade Anthony Drummond

Court of Appeals for the Eleventh Circuit · Feb 8, 2001

To invoke this exception, however, we have placed the burden on the detainee to establish that the "primary or exclusive purpose of the civil detention was to hold him for future prosecution." … We are convinced that Drummond's prior conviction for menacing clearly satisfies the "crime of violence" component of the definition of aggravated felony.

In Re Grand Jury Proceedings the Bank of Nova Scotia. United States of America v. The Bank of Nova Scotia

740 F.2d 817 · Court of Appeals for the Eleventh Circuit · Aug 14, 1984

These cases clearly establish that a country’s obligations to cooperate under the Single Convention are governed by its own domestic law. … The well-established legal system of the United States permits enforcement of grand jury subpoenas under the circumstances of this case.