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1.19s

  • 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. Ephren Taylor, II

    Court of Appeals for the Eleventh Circuit · Sep 10, 2025

    (b), this case raises the question of whether Taylor’s filings qualified as second or suc- cessive § 2255 motions. … But if we construe Taylor’s motion as one filed pursuant to Rule 60, then it is clearly second or successive because Rivers instructs that a final judgment both bars a district court from considering

    Cited 0 timesPublished
  • Willie Wesley Horace v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

    781 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Feb 14, 1986

    Was Horace’s mental competency adequately established at the time of the trial and at the time that his counsel conceded competency to stand trial, and competency to plead guilty and enter such a plea? *1562 2. … The court may appoint two disinterested qualified experts to examine the defendant and to testify at the hearing as to his mental condition.

    Cited 8 timesPublished
  • Liberty Group Enterprises, Inc. v. Garrison

    199 F. App'x 894 · Court of Appeals for the Eleventh Circuit · Oct 11, 2006

    That appellees, sued in their official capacities, were entitled to Eleventh Amendment immunity; and 5. That appellees sued in their individual capacities were entitled to qualified immunity. … Having reached these holdings, the court did not reach the Eleventh Amendment and qualified immunity issues.

    Cited 0 timesUnpublished
  • United States v. Brandon Michael Fleury

    20 F.4th 1353 · Court of Appeals for the Eleventh Circuit · Dec 16, 2021

    The burden of establishing over- breadth rests on the party challenging the statute. Virginia v. Hicks, 539 U.S. 113, 122 (2003). … Dietz was not qualified to opine on how Fleury’s ASD affected his mental state because Dr. Dietz is an ex- pert on serial killers, not ASD. Not only was Dr.

    Cited 27 timesPublished
  • 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

    Cited 0 timesUnpublished
  • 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
  • Quality Auto Painting Ctr. of Roselle, Inc. v. State Farm Indem. Co.

    917 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Mar 4, 2019

    Long before Twombly clearly established what an antitrust plaintiff had to plead in order to warrant an inference of prior agreement or conspiracy for purposes of a viable claim under § 1 of the Sherman Act, both the D.C … As discussed above, it is clearly established that such follow-the-leader practices are legal and do not, by themselves, give rise to an inference of prior agreement.

    Cited 75 timesPublished
  • I Tan Tsao v. Captiva MVP Restaurant Partners, LLC

    986 F.3d 1332 · Court of Appeals for the Eleventh Circuit · Feb 4, 2021

    Rather, a plaintiff must set forth general factual allegations that “plausibly and clearly allege a concrete injury,” Thole v. U. S. Bank N.A, 140 S. … Of course, as our sister Circuits have recognized, evidence of actual misuse is not necessary for a plaintiff to establish standing following a data breach.

    Cited 55 timesPublished
  • 62 Fair empl.prac.cas. (Bna) 769, 63 Empl. Prac. Dec. P 42,642 Delphine Edwards Goldsmith v. City of Atmore Howard Shell, Individually and in His Official Capacity as Mayor of City of Atmore, Alabama

    996 F.2d 1155 · Court of Appeals for the Eleventh Circuit · Aug 4, 1993

    reconsideration en banc or a contrary decision by the United States Supreme Court) 5 Mayor Shell also contends that the district court erred in (1) rejecting his statute of limitations defense, (2) refusing to address his claim of qualified … immunity, (3) granting Goldsmith's motion to make an untimely jury demand, (4) reinstating Goldsmith's section 1981 claim after summary judgment had been granted, and (5) giving the jury defective instructions on the section

    Cited 0 timesPublished
  • MacOn v. Sullivan

    929 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Apr 11, 1991

    A legitimate child, if unmarried and under a specified age, automatically qualifies as a "child" and as "dependent." See 42 U.S.C. Secs. 402 (d)(1) and 402(d)(3). … Specifically, the notice of rejection based the denial on the failure to establish child status under 42 U.S.C. Sec. 416 (h)(3).

    Cited 2 timesPublished
  • United States v. Galloway Rich, III

    Court of Appeals for the Eleventh Circuit · Dec 8, 2021

    “A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erro- neous.” Id. … The district court found that Rich’s medical conditions did not qualify as extraordinary and compelling enough to warrant early release. See Harris, 989 F.3d at 912.

    Cited 0 timesUnpublished
  • 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
  • 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
  • No. 84-7751

    793 F.2d 1201 · Court of Appeals for the Eleventh Circuit · Jul 18, 1986

    Liability. 58 District 20 contends that the evidence was insufficient to establish liability under Sec. 303. 59 A union is not liable for the acts of its members unless it or one of its agents participated in, authorized, … Pape that municipal corporations were immune from suit under Sec. 1983 later was overruled in Monell v.

    Cited 0 timesPublished
  • Michael B. Price v. Time, Inc.

    425 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Jul 15, 2005

    While in Pensacola to participate in a pro-am golf tournament Price, a married man, visited an establishment known as “Artey’s Angels.” … The common understanding of the publishing industry clearly is that magazines like Sports Illustrated are not newspapers.

    Cited 0 timesPublished
  • Dean Butch Wilson v. John W. Jones, Jr.

    220 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Aug 4, 2000

    The Supreme Court has “made clear that it is the burden of the party who seeks the exercise of jurisdiction in his favor clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the … In order “[t]o qualify as a party with standing to litigate, a person must show, first and foremost, an invasion of a legally protected interest that is concrete and par *1311 ticularized and actual or imminent.”

    Cited 0 timesPublished
  • State of Alabama, Etc., Cross-Appellants v. The United States Environmental Protection Agency and Lee M. Thomas, State of Texas and Chemical Waste Management, Inc., Intervenors-Appellants, Cross-Appellees. State of Alabama, Ex Rel. Don Siegelman, Attorney General, and Guy Hunt, Don Siegelman and Leigh Peques, Individually as Citizens of the State of Alabama, Cross-Appellants v. The United States Environmental Protection Agency and Lee M. Thomas, Administrator of the United States Environmental Protection Agency, Cross-Appellees, Chemical Waste Management, Inc., State of Texas, Intervenors-Appellants, Cross-Appellees

    871 F.2d 1548 · Court of Appeals for the Eleventh Circuit · Apr 18, 1989

    Sec. 761.75(c)(3). 7 The RCRA establishes a framework for regulating the storage and disposal of hazardous wastes in general. … Such an action may not be brought with regard to a removal where a remedial action is to be undertaken at the site. 7 Section 310 is qualified by the phrase "Except as provided in ... section 9613(h) of this title (relating

    Cited 7 timesPublished
  • Hallucination Media, LLC v. The Ritz Ybor, LLC

    Court of Appeals for the Eleventh Circuit · Aug 22, 2024

    The next day, Hallucination responded that “[w]e are clearly in a stalemate with the Saturday issue.” … “However, the liberal pleading rules established by the Federal Rules of Civil Procedure apply to the pleading of affirmative defenses.

    Cited 0 timesUnpublished
  • Ian Orville Aiken v. Warden, FCC Coleman - Medium

    649 F. App'x 750 · Court of Appeals for the Eleventh Circuit · May 4, 2016

    Wilkerson, 286 F.3d 1324, 1325 (11th Cir. 2002) (holding that “robbery clearly constitutes a ‘violent felony’ within the meaning of § 924(e)(2)(B)”). … Ct. 2276 (2013), established that the district court improperly referred to the facts underlying his prior convictions in determining that they qualified as ACCA violent felonies.

    Cited 0 timesUnpublished

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