Case law

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.

Local Division 732, Amalgamated Transit Union v. Metropolitan Atlanta Rapid Transit Authority

667 F.2d 1327 · Court of Appeals for the Eleventh Circuit · Jan 29, 1982

Some tests are well established. … We inquire simply whether the UMTA and its legislative history clearly manifest Congress’ intent to grant federal jurisdiction over this case.

Speech First, Inc. v. Alexander Cartwright

32 F.4th 1110 · Court of Appeals for the Eleventh Circuit · May 2, 2022

The policy, in short, is staggeringly broad, and any number of statements—some of which are undoubtedly protected by the First Amendment—could qualify for prohibition under its sweep- ing standards. … cited Tinker for the proposition that state universities have an “undoubted prerogative to enforce reasonable rules governing student conduct”—even while reaffirming that “state colleges and universities are not enclaves immune

Dream Defenders v. Governor of the State of Florida

57 F.4th 879 · Court of Appeals for the Eleventh Circuit · Jan 10, 2023

To determine what qualifies as a riot under § 870.01(2), we look to the “actual text of the statute,” Boos v. … What qualifies as a “violent public disturbance”?

Choctaw Manufacturing Co. v. United States

761 F.2d 609 · Court of Appeals for the Eleventh Circuit · May 7, 1985

The Department’s “Notice of Sale” called for “sealed bids” and provided that the lease be awarded to the highest qualified bidder. Id. at 1117 . … Sea-Land Service, Inc. is clearly inapposite.

United States v. Webb

139 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Apr 30, 1998

Pinion, 4 F.3d 941, 943 (11th Cir. 1993). 7  As noted, § 4B1.1 establishes that a defendant qualifies as a career offender if, inter alia, he has at least two prior felony convictions … The record also makes evident the attempt of both the government and defense counsel to “clean up the record” and extract from the court a statement clearly indicating its position with respect to whether a departure was

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

Erickson v. United States Department of Labor

285 F. App'x 611 · Court of Appeals for the Eleventh Circuit · Jul 14, 2008

The ARB determined that the government’s sovereign immunity has been waived with respect to the SWDA and the CAA, and it proceeded with the case under those two statutes. … “While the Board may reject the ALJ’s factual inferences, the Board has an independent obligation to explain clearly its reasons for doing so.” Gimrock, 247 F.3d at 1312 (internal cross-reference omitted).

United States v. Antonio Soul Gonzalez

9 F.4th 1327 · Court of Appeals for the Eleventh Circuit · Aug 19, 2021

His case presents a question of first impression for us—whether a sentence imposed upon the revocation of supervised release qualifies for a reduction under § 404(b) of the First Step Act when the underlying crime is a … Yet the point of requiring an explanation clearly wasn’t lost on the panel.

Fernando Jose Gonzalez Blandon vs USA

444 F. App'x 319 · Court of Appeals for the Eleventh Circuit · Sep 7, 2011

An alien seeking admission must establish that he “is clearly and beyond doubt entitled to be admitted and is not inadmissible under” INA § 212, 8 U.S.C. § 1182. Id. § 240(c)(2)(A), 8 U.S.C. § 1229a(c)(2)(A). … “This is a more stringent standard than for asylum,” and an alien who is unable to establish that he is eligible for asylum “is generally precluded from qualifying” for withholding of removal. Id. at 1232-33.

Weldon Williams v. Revco Discount Drug Centers, Inc.

552 F. App'x 919 · Court of Appeals for the Eleventh Circuit · Jan 14, 2014

We evaluate disability-discrimination claims under the McDonnell Douglas 2 framework, which requires the plaintiff to first establish a prima facie case of discrimination. Cleveland v. … Thus, Williams’s claim that CVS obstructed the process is without merit. 3 Although Williams states that he requested other accommodations, he also clearly communicated to CVS that he would only be able to perform his

Catoosa County Republican Party v. Catoosa County Board of Elections and Voter Registration

Court of Appeals for the Eleventh Circuit · Jun 12, 2025

But they do not prevent Plaintiffs from establishing standing to sue in the first place. … The court observed that government entities organize and fund pri- mary elections, and ballots clearly contain at least some govern- mental speech.

United States v. Rutherford

175 F.3d 899 · Court of Appeals for the Eleventh Circuit · May 13, 1999

Freeman said that although Rutherford could walk, he did so with a clearly noticeable limp due to his recent accident. … The other offense clearly qualified under the guidelines.

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.

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.

United States v. William James Reese

611 F. App'x 961 · Court of Appeals for the Eleventh Circuit · Jun 1, 2015

“We review a district court’s determination of the quantity of drugs used to establish a base offense level for sentencing purposes under the clearly erroneous standard.” United States v. … says, established only that he engaged in buy-sell transactions.

Manufacturing Research Corp. v. Graybar Electric Co.

679 F.2d 1355 · Court of Appeals for the Eleventh Circuit · Jul 9, 1982

In patent cases, we clearly prefer the use of detailed special interrogatories in jury trials and detailed findings in bench trials. … Adequate testimony indicated that Crees was qualified to testify as an expert on the development of tools.

United States v. Jorge Bonilla Mesa

Court of Appeals for the Eleventh Circuit · Dec 22, 2022

Summary disposition is appropriate where “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case, or where, as … The application notes to § 1B1.13 establish four categories of circumstances in which “extraordinary and compelling reasons” for a sentence reduction exist: (1) qualifying medical conditions, (2) advanced

United States v. Matthew Bryan Caniff

Court of Appeals for the Eleventh Circuit · Apr 9, 2020

Both of these terms clearly denote public communication. … Those matters are for the trier of fact alone.” 6 But Detective Greene was never offered or qualified as an expert witness.

Doe v. Alabama State Department Of Education

915 F.2d 651 · Court of Appeals for the Eleventh Circuit · Oct 24, 1990

Robinson, 468 U.S. 992, 1010-11 , 104 S.Ct. 3457, 3467-68 , 82 L.Ed.2d 746 (1984) (noting that the EHA not only establishes an enforceable substantive right to a free appropriate public education, but it also establishes … In Tice, the School Board violated evaluation time limits established by state regulations.