Case law

Opinions from 1658 to today.

Filtersca11

9,466 results

1.18s

  • United States v. Arthur Young

    Court of Appeals for the Eleventh Circuit · Mar 30, 2026

    Young has failed to establish error on either ground. … First, the district court did not clearly err by concluding that the government proved by a preponderance of the evidence that Young’s actions during the May 2023 arrest qualified as Georgia felony

    Cited 0 timesUnpublished
  • Teper v. Miller

    82 F.3d 989 · Court of Appeals for the Eleventh Circuit · Apr 24, 1996

    The regulation also enumerates the following areas in which state law is not preempted: “(1) [m]anner of qualifying as a candidate or political party organization; (2) [d]ates and places of election; (3) [v]oter registration … This language reflects the general principle established in the landmark case of Chevron, U.S.A., Inc. v.

    Cited 63 timesPublished
  • United States v. Luis Batista

    Court of Appeals for the Eleventh Circuit · Apr 30, 2025

    After eligibility is established, we review a district court’s denial of an eligible defendant’s request for compassionate release under § 3582(c)(1)(A) for abuse of discre- tion. See id. … A district court abuses its discretion if it applies an in- correct legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.

    Cited 0 timesUnpublished
  • United States v. Reginald Graham

    123 F.4th 1197 · Court of Appeals for the Eleventh Circuit · Dec 2, 2024

    Having allowed the government to call as an expert a DEA agent, who was surely no more qualified as an expert in heroin than [Mr. … See Hesser, 800 F.3d at 1325 (“‘Plain’ error means that the legal rule is clearly established at the time the case is reviewed on direct ap- peal.”).

    Cited 25 timesPublished
  • Barbara Johnson v. City of Mobile Alabama

    321 F. App'x 826 · Court of Appeals for the Eleventh Circuit · Mar 20, 2009

    Johnson, however, cannot “establish pretext simply by showing that she is more qualified than [McCants].” Cofield v. Goldkist, Inc., 267 F.3d 1264, 1268 (11th Cir. 2001). … In sum, even though Johnson may have been qualified for the position, “any disparity in qualifications that may exist here is so slight as to fail to establish that [the City’s] reason for not promoting [Johnson] was pretexual

    Cited 8 timesUnpublished
  • Matter Of 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. … Georgia case law also clearly states that, "[c]ontinued performance under a terminable at-will contract furnishes sufficient consideration for the promise of additional severance pay." Royal Crown Companies, Inc. v.

    Cited 6 timesPublished
  • Johnson v. City of Fort Lauderdale

    Court of Appeals for the Eleventh Circuit · May 30, 1997

    Such concern with § 1981's scope does not establish that Congress intended to limit § 1983's scope. … The defendants argue that the legislative history underlying previous amendments to Title VII is of no import, since at the time Congress passed those amendments, municipalities were thought to be immune from

    Cited 0 timesPublished
  • 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

    Cited 0 timesUnpublished
  • Thomas George Hyland v. Jack Parker

    163 F. App'x 793 · Court of Appeals for the Eleventh Circuit · Jan 3, 2006

    He responded to the court’s findings, arguing that his complaint “does state thoroughly certain facts establishing specific prejudice.” R1-17 at 2. … He further argued that his case was not frivolous because “[t]he defendants are not immune from suit, a legal interest–access to Courts[–]certainly exists, [and] the facts alleged are clearly not baseless, fanciful, or

    Cited 1 timesUnpublished
  • Ward Conner v. LaFarge North America, Inc.

    343 F. App'x 537 · Court of Appeals for the Eleventh Circuit · Sep 1, 2009

    Lafarge has conceded that Conner has established a prima facie case for his failure to promote claim. … Finally, unlike the plaintiff in Vessels, Conner has not shown that his employer violated its own clearly established personnel procedures.

    Cited 9 timesUnpublished
  • Joe Harry Pegg v. United States

    253 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Jun 12, 2001

    The district court qualified the plea and went through a few questions that were meant to show Pegg’s waiver of Sharp’s conflict of interest. … Furthermore, the reasoning of Pegg’s attorneys’ collective recommendation for Pegg to plead guilty is clearly supported by the record.

    Cited 0 timesPublished
  • United States v. Edward Verdi-Bruno

    Court of Appeals for the Eleventh Circuit · Jul 5, 2024

    Here, the district court did not clearly err in finding that Verdi-Bruno was an organizer or leader under § 3B1.1(a). … Plus, as we’ve noted, more than one person may qualify as a leader. Dixon, 901 F.3d at 1348.

    Cited 0 timesUnpublished
  • James McDonough v. Carlos Garcia

    116 F.4th 1319 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

    Here, the parties now agree that the City of Homestead’s city council meetings qualify as limited public forums. … Thus, the courts are left with the development of cate- gories that have not been well-defined or clearly articulated, but that determine the freedom of speech the public enjoys.

    Cited 14 timesPublished
  • 1997-1 Trade Cases P 71,722, 10 Fla. L. Weekly Fed. C 701 Retina Associates, P.A. v. Southern Baptist Hospital of Florida, Inc., D.B.A. Baptist Medical Center Richard L. Simmons, M.D. Richard L. Simmons, M.D., P.A. Gerald A. Coluccelli, M.D. Gerald A. Coluccelli, M.D., P.A., Baptist Eye Institute, Inc. Bei, Inc., Movants

    105 F.3d 1376 · Court of Appeals for the Eleventh Circuit · Feb 19, 1997

    It clearly appears, therefore, that RA has competed successfully despite the alleged refusal to deal. … However, assuming defendants can establish the existence of a joint venture, its practices would not thereby automatically be immune from antitrust scrutiny. See 2 EARL W.

    Cited 0 timesPublished
  • United States v. Larry Burton

    564 F. App'x 1017 · Court of Appeals for the Eleventh Circuit · May 7, 2014

    intent to sell, 3 Case: 13-13340 Date Filed: 05/07/2014 Page: 4 of 5 manufacture, or deliver” cannabis and cocaine, Florida Statutes § 893.13(a)(1) clearly … . § 4B1.2(b), their holdings cannot establish plain error in this case. For these reasons, Burton has not shown plain error. See Castro, 455 F.3d at 1253.

    Cited 4 timesUnpublished
  • Elly Marisol Estrada v. Mark Becker

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

    According to appellants, this shows congressional “intent to achieve flexibility in immigration enforcement while establishing the [E]xecutive’s word as final in discretionary matters.” … The Policy applies only to selective schools that did not admit all qualified applicants in the last two years.

    Cited 0 timesPublished
  • United States v. Tia Deyon Pugh

    90 F.4th 1318 · Court of Appeals for the Eleventh Circuit · Jan 18, 2024

    Case: 21-13136 Document: 42-1 Date Filed: 01/18/2024 Page: 9 of 23 21-13136 Opinion of the Court 9 applications, that jurisdictional element “immunizes … “[A] plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.” Humanitarian L.

    Cited 8 timesPublished
  • Alabama Environmental Council v. Administrator, United States Environmental Protection Agency

    711 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Mar 6, 2013

    The Administrator shall notify the State of the inadequacies, and may establish reasonable deadlines (not to exceed 18 months after the date of such notice) for the submission of such plan revisions. … (declaring itself to be "correcting [an] error” based on "clearly inadequate” "information available at the time of the designation”). .

    Cited 9 timesPublished
  • James D. Gentry v. Harborage Cottages-Stuart, LLLP

    Court of Appeals for the Eleventh Circuit · Sep 7, 2011

    The district court concluded that Harborage failed to establish entitlement to the exemptions afforded by 15 U.S.C. § 1702(a)(2) and (b)(1). … It clearly has not.

    Cited 0 timesPublished
  • United States v. Quinton Pete

    Court of Appeals for the Eleventh Circuit · Sep 4, 2024

    The party seeking to introduce the expert opinion has the burden of establish- ing the three prongs: qualification, reliability, and helpfulness. Id. at 846. … In sum, the district court did not apply an incorrect legal standard, follow improper procedures in making its determination, or make findings of fact that were clearly erroneous.

    Cited 0 timesUnpublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.