Case law

Jerry Summerlin v. M&H Valve Company

167 F. App'x 93 · Court of Appeals for the Eleventh Circuit · Jan 17, 2006

We concluded that “under Patterson, we may never require a plaintiff to establish that she is more qualified than the successful promotee, let alone impose that requirement at the prima facie stage.” … Summerlin clearly acknowledges the confrontation that occurred in December 2000.

United States v. Miller

166 F.3d 1153 · Court of Appeals for the Eleventh Circuit · Feb 4, 1999

It argues that the transmission of electronic messages by Miller, an act to which he stipulated in the plea agreement, qualifies as “relevant conduct” under the sentencing guidelines. … Clearly, the district court did not err in applying the cross-reference in § 2G2.2(c)(1). The judgment of the district court is AFFIRMED. 5

Elizabeth Beverly, Etc. v. John W. MacY Jr., Elizabeth Beverly, Etc. v. National Flood Insurers Association

702 F.2d 931 · Court of Appeals for the Eleventh Circuit · Apr 11, 1983

Thus, the Manual clearly creates a duty to send renewal notices. … DeKalb County, 433 U.S. 25 , 97 S.Ct. 2490 , 53 L.Ed.2d 557 (1977), as clearly distinguishable. .

TocMail Inc. v. Microsoft Corporation

67 F.4th 1255 · Court of Appeals for the Eleventh Circuit · Apr 25, 2023

TocMail alleged that it offered the “only time-of-click redirection service immune to this attack.” … —when the plaintiff, typically a commercial competitor of the defendant, clearly has standing.” Id. But this presumption alone cannot serve to prove standing. See id.

United States v. Antonio Farias

836 F.3d 1315 · Court of Appeals for the Eleventh Circuit · Sep 1, 2016

In order to establish that the government’s delay in bringing the indictment -- even if it had been filed in a statutorily timely manner -- violated his due process rights, Farias was required to establish both (1) that … prove an official representation to convict Farias, we need not decide whether its evidence supported a finding that the undercover special agents’ representations to Farias regarding the stolen nature of the cigarettes qualified

Munford v. Valuation Research Corp. (In Re Munford, Inc.)

98 F.3d 604 · Court of Appeals for the Eleventh Circuit · Oct 28, 1996

Finally, the directors and officers contend that Article 9 did not establish a fiduciary duty greater than under state law or create a private right of action on behalf of creditors. … McRae, 247 Ga. 658 , 278 S.E.2d 393, 394 (1981)/ Georgia case law also clearly states that, “[continued performance under a terminable at-will contract furnishes sufficient consideration for the promise of additional severance

Huff v. DeKalb County, Ga.

516 F.3d 1273 · Court of Appeals for the Eleventh Circuit · Feb 15, 2008

. § 203 (y), and are accordingly partially exempt from the normal forty-hour overtime schedule established by the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq. … Upon successful completion of a basic training course, an individual becomes a Georgia Basic Firefighter and is lawfully qualified to fight fires.

United States v. Troy Nolan Harkness

305 F. App'x 578 · Court of Appeals for the Eleventh Circuit · Dec 30, 2008

We need not decide whether this case fits into any of the above three categories because this court has held that an express jurisdictional element to a statute immunizes it from a facial constitutional attack. … As noted above, Harkness had a cellular telephone, so he clearly did not “rid himself of possession of the firearm as promptly as reasonably possible.” Id.

United States v. Padilla-Martinez

762 F.2d 942 · Court of Appeals for the Eleventh Circuit · Jun 11, 1985

In situations such as this, the decision of the judge to disqualify the retained counsel should not be disturbed unless clearly erroneous. See, United States v. … The lieutenant's training and experience allowed the court to qualify him as an expert who could testify about a common scenario and the court committed no error in doing so.

Perry Brown v. J.C. Penney Corporation, Inc.

521 F. App'x 922 · Court of Appeals for the Eleventh Circuit · Jun 11, 2013

Stat. § 843.01, qualifies as a forcible felony. See United States v. Romo-Villalobos, 674 F.3d 1246, 1249 (11th Cir.), cert. denied, 133 S. Ct. 248 (2012). … In particular, Brown failed to establish that the J.C.

United States v. Odom

252 F.3d 1289 · Court of Appeals for the Eleventh Circuit · May 31, 2001

Regarding non-economic criminal activity, the Morrison court clearly rejected Congress' ability to "regulate [such] conduct based solely on that conduct's aggregate effect on interstate commerce." Id. … The Government has failed to set forth sufficient evidence establishing that St.

American Federation of Government Employees, Local 2017 v. Brown

680 F.2d 722 · Court of Appeals for the Eleventh Circuit · Jul 12, 1982

extent that, (1) statutes preclude judicial review, or (2) agency action is committed to agency discretion by law. 10 Public Law 96-107 contains no explicit preclusion of judicial review such that the first exception is clearly … As was required under the contract Pan Am offered all displaced civilian employees the right of first refusal for employment openings under its contract in positions for which they were qualified.

Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation

685 F.2d 1227 · Court of Appeals for the Eleventh Circuit · Sep 17, 1982

the contemporary availability of such testimony from other qualified sources. … The court stated: When the legislature chose the words with which to establish this aggravating circumstance, it indicated clearly that more was contemplated than a showing of some degree *1266 of risk of bodily harm to a

Rivera v. Allin

144 F.3d 719 · Court of Appeals for the Eleventh Circuit · Jun 23, 1998

Similarly, we review the district court’s determination of qualifying strikes de novo. See McGore v. … See 112 F.3d at 1488 (“Clearly, Congress had a rational basis to believe that the fee requirements of the PLRA would further [its] objective.”)

Sivan Sheree Walker v. Donna Tennison

Court of Appeals for the Eleventh Circuit · Dec 7, 2020

This established a section 1983 substantive due process claim against the agency employees, the Walkers argue, because conspiring to violate a person’s constitutional rights violates section 1983. … immunity. 15

Caro-Galvan v. Curtis Richardson, Inc.

993 F.2d 1500 · Court of Appeals for the Eleventh Circuit · Jun 25, 1993

"Although we review de novo the district court's application of law, we do not overturn the district court's findings of fact unless [they are] clearly erroneous." … We believe, however, that the legislative history clearly evinces Congress' intent not to narrow the class of protected workers, notwithstanding the somewhat different language of the two acts.

United States v. Juan Aguiar Parada

Court of Appeals for the Eleventh Circuit · Apr 7, 2026

We provided a “non-exhaustive list” of five factors “that district courts should consider in determin- ing whether a potential caregiver is qualified and free.” Id. at 1316– 17. … This is because, even if the change in law does not establish clearly whether the district court erred, we are “a court of review, not a court of first view.” Callahan v. U.S. Dep’t of Health & Hum.

Eddie Lee Jefferson v. Ronald Fountain

382 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Sep 1, 2004

Those two decisions, the court thought, were “clearly established federal law” that a detention without probable cause under the circumstances of this case is unconstitutional. … The higher standard would have been contrary to the clearly established federal law set out in Strickland, 466 U.S. at 694, 104 S. Ct. at 2068.

United States v. James Morrow Roper, Christian Matthew Newton, John Jackson Miller Truxell

681 F.2d 1354 · Court of Appeals for the Eleventh Circuit · Aug 5, 1982

The evidence sufficiently established his guilt. … Nor must we decide if an inquiry of the suspect concerning a nearby weapon qualifies as an “interrogation” so as to implicate Miranda safeguards. See Rhode Island v.

Janice Cantrell v. Wesley White

669 F. App'x 984 · Court of Appeals for the Eleventh Circuit · Nov 1, 2016

PER CURIAM: Officer Wesley White of the City of College Park, Georgia, appeals the denial of qualified immunity in an action stemming from his fatal shooting of Antoine Cantrell while arresting him for domestic assault … We AFFIRM the denial of White’s motion for summary judgment based on qualified immunity. 4