Case law

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.

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.

United States v. Kimberly Horner

853 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Apr 13, 2017

Moreover, we find that the probative value of this evidence clearly outweighed any undue prejudice. … Alternatively, the evidence from 2005 and 2006 was admissible under Rule 404(b) to establish the Horners’ motive and intent.

Sheely v. MRI Radiology Network, P.A.

505 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Nov 7, 2007

No. 99-506, 100 Stat. 1845, Congress abrogated the States’ Eleventh Amendment immunity under all four statutes, providing in pertinent part that “remedies (including remedies both at law and in equity) are available for such … No matter how this undisputed record is interpreted, we are constrained to conclude that, as a matter of law— and this is squarely a legal determination— MRN cannot establish (indeed, has not even come close to establishing

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.

Eastern Air Lines, Inc. v. Air Line Pilots Association International

920 F.2d 722 · Court of Appeals for the Eleventh Circuit · Dec 20, 1990

First, the trainees were not qualified to perform the work Eastern's pilots ordinarily discharged. … Their utility to the airline is contingent upon becoming qualified for the position.

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.

Sandra Slater v. United States Steel Corporation

820 F.3d 1193 · Court of Appeals for the Eleventh Circuit · Feb 24, 2016

Steel failed to establish the two New Hampshire factors she had cited in her memorandum in opposition to U.S. … We reversed the dismissal on the ground that "[t]he medical records [Taylor] submitted to the SSA do not clearly contradict his assertion that he is 'qualified’ under the ADA.” Id, at 1423.

Robert Rimmer v. Secretary, Florida Department of Corrections

864 F.3d 1261 · Court of Appeals for the Eleventh Circuit · Jul 25, 2017

Whether clearly established federal law countenances the state court’s approach is of no moment. … Where the state court’s decision is not inconsistent with any clearly established federal law, we must defer to it under AEDPA.

John Salcedo v. Alex Hanna

936 F.3d 1162 · Court of Appeals for the Eleventh Circuit · Aug 28, 2019

Ct. 663, 667 (2016) (“A text message to a cellular telephone, it is undisputed, qualifies as a ‘call’ within the compass of § 227(b)(1)(A)(iii).”). … On text messaging generally, then, the judgment of Congress is ambivalent at best; its privacy and nuisance concerns about residential telemarketing are less clearly applicable to text messaging.

Southern Coal Corporation v. Drummond Coal Sales, Inc.

25 F.4th 864 · Court of Appeals for the Eleventh Circuit · Feb 4, 2022

This qualifies as “prevail[ing] on the central claims advanced.” See Sykes, 833 N.Y.S.2d at 77–78. A litigant’s success does not have to be total to be considered the prevailing party. … We further conclude that district court did not clearly err in interpret- ing this provision at trial and finding it unenforceable.

United States v. Thomas Charles Bridges

Court of Appeals for the Eleventh Circuit · Aug 22, 2025

The District Court did not clearly err. B. … While recruitment coupled with additional actions did qualify the defendants in those cases for the enhancement, re- cruitment alone qualifies as well.

United States v. Christopher

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

the conspiracy" is not hearsay and, consequently, may be offered in evidence for the truth of the matter asserted. 19 When determining whether a co-conspirator's statement is admissible over an objection that it does not qualify … (knowledge of the identity of the declarant is essential to establish foundation for admissibility of evidence under rule 801(d)(2)(E)), cert. denied, 479 U.S. 985 , 107 S.Ct. 574 , 93 L.Ed.2d 577 (1986).

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

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.

Hipp v. Liberty National Life Insurance

252 F.3d 1208 · Court of Appeals for the Eleventh Circuit · May 29, 2001

Based on these facts, even if we were to accept Plaintiffs' "relate to and grow out of" theory, it is uncertain whether these claims would qualify. Cir.1985)). … For such conduct to qualify as age-based constructive discharge, however, the employee must at a minimum show that employees outside the protected group were treated differently.

James N. Stephens v. Department of Health and Human Services, Secretary, James N. Stephens v. Terry S. Coleman, Isabel P. Dunst

901 F.2d 1571 · Court of Appeals for the Eleventh Circuit · May 23, 1990

As to the fact portion of the mix, we apply the clearly erroneous rule. As to the legal component we will apply the plenary review standard. See United States v. Wilson, 894 F.2d 1245 (11th Cir.1990). I. … He asserts he was extremely qualified for the position, having been ranked number three in his class at Wake Forest Law School, a Deputy Regional Attorney for 11 years and having been assigned numerous important projects

Rubens Aspilaire v. U.S. Attorney General

992 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Apr 6, 2021

It continued, “This literal requirement of the statute exhalts form over substance to the detriment of public policy, and such a result is clearly absurd.” Id. at 1054. … Aspilaire says this difference means that “Florida punishes [the possession of] an otherwise- qualifying antique firearm . . . even in offenses as simple as ‘felon in possession.’”

Brian Rock v. Ray Anthony International

380 F. App'x 875 · Court of Appeals for the Eleventh Circuit · May 26, 2010

PER CURIAM: In this appeal, we consider whether a salaried dispatcher for a crane rental company qualifies under the administrative exemption to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 213(a)(1). … Rock’s other responsibilities combined were necessary and of the type that every crane rental business must undertake in order to operate” and concluding that “[Sunbelt] has clearly established that [Rock’s] primary duties

37 Fed. R. Evid. Serv. 997, prod.liab.rep. (Cch) P 13,606 Brenda Griffin Toole and J. Michael Toole, Cross-Appellants v. Richmond C. McClintock Jr., M.D. Richmond C. McClintock Jr., a Professional Association Heyer-Schulte, an Unincorporated Wholly Owned Subsidiary of American Hospital Supply Corporation, a Corporation American Hospital Supply Corporation, a Corporation Baxter Travenol Laboratories, Inc., a Corporation Travenol Laboratories, Inc., a Corporation, Baxter Healthcare Corporation, a Corporation, Cross-Appellee

999 F.2d 1430 · Court of Appeals for the Eleventh Circuit · Sep 2, 1993

We conclude that it was an abuse of discretion to admit the FDA report in this case because the report was irrelevant and failed to qualify for admission under Rule 803(8)(C). 17 The FDA report contains no findings specifically … deemed admissible under Fed.R.Evid. 803(8)(c)." 9 We note that the district court, in granting Baxter's post-trial motion for remittitur, said that "[T]he only evidence that Brenda Toole is at increased risk for cancer and immune