Case law

Cabriolet Porsche Audi, Inc. v. American Honda Motor Co., Inc.

773 F.2d 1193 · Court of Appeals for the Eleventh Circuit · Oct 15, 1985

Breach No. 1: Establishment of Allocation Rate at Time 39 of No Shortage or Restricted Supply 40 The district court's conclusion is based on a factual finding that is clearly erroneous. … I certainly qualified on them. BY MR. ROSENBERG: 100 Q.

Fallon Christina Paulk v. Tommy Ford

Court of Appeals for the Eleventh Circuit · Sep 4, 2020

But the court did not go further and address the defendants individually or their claims of qualified immunity. … immunity applies.

Linda Fowler v. Chattooga County, Georgia

307 F. App'x 363 · Court of Appeals for the Eleventh Circuit · Jan 13, 2009

Boyd had a recollection of having seen Ledford at some unknown earlier time in a paper gown adds little to establish “a strong likelihood.” Ledford’s conversation with his uncle at least is temporally significant. … Because we conclude that no constitutional violation has been shown, no 3 need exists to consider the applicability of qualified immunity. 9

Paul Glen Everett v. Secretary, Florida Department of Corrections

779 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Feb 27, 2015

Mhatre did not conduct any psychological testing of Everett, and indeed, he was not qualified to administer such tests. Dr. … “[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the U.S. Supreme Court].” Knowles v.

Richard Tucker v. Robert Francis, Warden, Georgia Diagnostic and Classification Center

723 F.2d 1504 · Court of Appeals for the Eleventh Circuit · Mar 15, 1984

Raffel clearly held that the impeachment use of silence at an earlier trial was permissible. … When he does take the stand, he is under the same pressure: to testify fully, rather than avail himself of a partial immunity.

Pendergast v. Sprint Nextel Corp.

592 F.3d 1119 · Court of Appeals for the Eleventh Circuit · Jan 4, 2010

Exceptions To Our Agreement To Arbitrate Disputes Either of us may bring qualifying claim in small claims court. … Or Plaintiff could have brought a qualifying claim in small claims court, for which Sprint would have covered the filing fees.

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.

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.

Hessen v. Jaguar Cars, Inc.

915 F.2d 641 · Court of Appeals for the Eleventh Circuit · Oct 24, 1990

This court has recognized on several occasions that in Florida, an owner of property is qualified to testify as to its value for purposes of supporting a damages award. Gregg, 887 F.2d at 1469 ; Electro Servs., Inc. v. … Put another way, if Hessen had testified on direct examination, "My house and personal property are worth $385,654.19,” such testimony would clearly satisfy Allstate’s burden of proving damages.

Diana Katherine Diaz Gonzalez v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Sep 18, 2025

They argued that the relief was not previously available to them and relied on their daughter, a Unit- ed States citizen, as the qualifying relative to establish the excep- tional and extremely unusual … “[T]o the extent that a claim is based on the health of a qualifying relative, an ap- plicant needs to establish [1] that the relative has a serious medical condition and, [2] if he or she is accompanying

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.

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.

Lenitamae Smith v. Miami-Dade County

621 F. App'x 955 · Court of Appeals for the Eleventh Circuit · Jun 12, 2015

To establish a prima facie case of retaliation, Ms. … (“[S]imply showing that a few houses are affected by an ordinance does not come close to establishing disparate impact.”).

Alonzo Lydell Burgess v. Commissioner, Alabama Department of Corrections

723 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Jul 30, 2013

If the state court has adjudicated the merits of a claim, we may not grant habeas relief unless that decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … Moreover, this “estimate” was further qualified by Dr.

E.K. Wilcox, Jr., Cross-Appellant v. J. Paul Ford, Warden, Cross-Appellee

813 F.2d 1140 · Court of Appeals for the Eleventh Circuit · Apr 3, 1987

Finally, the trial court gave the appropriate jury charges on reasonable doubt, credibility, and immunity to aid them in assessing the value of the evidence in question. … Robert Johnson, a dentist, compared the skull to Hellen’s dental records and established that the skull belonged to Hellen.

USA v. Florida Birth-Related Neurological Injury Compensation Association

Court of Appeals for the Eleventh Circuit · Apr 21, 2022

So the Association and the Plan can be liable un- der the FCA only if they qualify as “persons.” … It then held that the assessments qualified as “taxes” under Florida law, but that the taxes were valid. Id.; id. at 948. And in Samples v.

Larry Felton White, Jr. v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit · Aug 13, 2025

A state court decision is “contrary to” clearly established law if the court “applie[d] a rule that contradicts the governing law” set forth by the United States Supreme Court or the state court con- … White’s claim fails under de novo review because he failed to establish prejudice.

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.

Santander Consumer USA, Inc. v. Phillip Jefferson Brown

746 F.3d 1236 · Court of Appeals for the Eleventh Circuit · Mar 27, 2014

“The factual findings of the bankruptcy court cannot be set aside unless they are clearly erroneous; however, conclusions of law made by either the bankruptcy court or the district court are subject to de novo review.” … Ct. 1951, 1955 (2000) (holding that creditors’ rights are “subject to any qualifying or contrary provisions of the Bankruptcy Code”).

United States v. Bryan Evan Singer

963 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Jun 26, 2020

Rather, to travel to Cuba from the United States, a person must qualify for a general license or obtain a specific license. … Because they appear on the List for reasons beyond anti-terrorism, we need not consider whether they would otherwise qualify for a license exception for “support of the Cuban People” since they cannot qualify for that