Case law

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.

Regions Bank v. Marvin I. Kaplan

Court of Appeals for the Eleventh Circuit · Oct 19, 2021

It argued that Kaplan’s defamation claim was barred by Florida’s litigation privilege, and, thus, Regions was entitled to absolute immunity for suing Kaplan and accusing him of check kiting. … Kaplan points us to no conflicting evidence establishing a genuine issue of material fact.

Costas J. Gust v. United States

197 F.3d 1112 · Court of Appeals for the Eleventh Circuit · Dec 9, 1999

In other words, these sections clearly state that taxes listed in §§ 507(a)(2);(8) are not discharged. … Section 507 of the Bankruptcy Code establishes priorities for claims and expenses. Id. at § 507(a).

Glassroth v. Moore

347 F.3d 916 · Court of Appeals for the Eleventh Circuit · Jul 1, 2003

Clearly er roneou s they are n ot. … (such acknowledgments are immune from Establishment Clause challenges “because they have lost through rote repetition any significant religious content”).

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

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.

Mony Life Insurance Company v. Bernard Perez

Court of Appeals for the Eleventh Circuit · Oct 9, 2024

A mixed question of law and fact is one where the court ap- plies the law to established facts. Lincoln v. Bd. of Regents of Univ. Sys. of Ga., 697 F.2d 928, 940 n.15 (11th Cir. 1983). … To qualify for a head of household exemption, a party must prove they provide “more than one-half of the support for a child or other dependent.” Fla. Stat. § 222.11(1)(c).

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”).

Thomas Crowther v. Board of Regents of the University System of Georgia

Court of Appeals for the Eleventh Circuit · Nov 7, 2024

And for a state recipient of federal funds, the clarity of the penalty is important because Title IX abrogates any recipient’s sovereign immunity from claims for damages. … But the athletic director clearly had a legitimate reason for initiating the investigation based on the parents’ letters, and Jo- seph’s suggestions to the contrary establish only that the letters ar-

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

31 Fed. R. Evid. Serv. 755, prod.liab.rep.(cch)p 12,632 Claudia Hessen, Arnold Hessen, for Use and Benefit of Allstate Insurance Co. v. Jaguar Cars, Inc., a Delaware Corporation

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

(R7-52). 20 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. … (R7-51-52) 9 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.

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.

United States v. Alfonzo Lewis

40 F.4th 1229 · Court of Appeals for the Eleventh Circuit · Jul 14, 2022

After review, we conclude that the district court’s finding of discriminatory intent in the peremptory strike of Juror 11 was not clearly erroneous. … Lewis does not contend that Juror 11 was not qualified to sit on the jury. See Williams, 731 F.3d at 1236; Rivera, 556 U.S. at 158, 129 S. Ct. at 1454.

Deborah Laufer v. Arpan LLC

29 F.4th 1268 · Court of Appeals for the Eleventh Circuit · Mar 29, 2022

to establish standing, Laufer failed to prove, as a factual matter, the requisite frustration and humil- iation. … Or because Heckler and Allen actually dealt with constitutional claims, is it only discrimination in violation of the Constitution that qualifies?

United States v. Thomas Bryant, Jr.

996 F.3d 1243 · Court of Appeals for the Eleventh Circuit · May 7, 2021

As to the first definition: the substantive standards in 1B1.13 are clearly capable of being applied to defendant-filed reduction motions. … Bryant’s motion, saying his stated reasons did not qualify him for compassionate release.

Stay, Inc. v. Cheney

940 F.2d 1457 · Court of Appeals for the Eleventh Circuit · Sep 30, 1991

As a disappointed bidder on the contract, Stay clearly had standing to challenge the awarding of the contract to AMPB. See Choctaw Mfg. Co. v. … The Choctaw court found that the contracting officer had "clearly violated the applicable procurement regulations; ...

United States v. Jose Luis Sanchez-Rosado

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

Ct. 2191 (2019), which the Supreme Court decided while his appeal was pending, established errors in his indictment and change of plea hearing that require the vacatur of his conviction. … Scott, 263 F.3d 1270 (11th Cir. 2001), in which we held that “the jurisdictional element of the statute, i.e., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes

79 Fair empl.prac.cas. (Bna) 1267, 12 Fla. L. Weekly Fed. C 723 Rhonda Ann Lathem v. Department of Children and Youth Services, and Its Officers and Agents, Rhonda Ann Lathem v. Department of Children and Youth Services, and Its Officers and Agents, Donald Nix

172 F.3d 786 · Court of Appeals for the Eleventh Circuit · Apr 14, 1999

Title VII plaintiffs establish a prima facie case when they demonstrate: (1) that the plaintiff belongs to a class protected under Title VII; (2) that the plaintiff was qualified for the job; and (3) that the misconduct for … We may reverse a finding of intentional discrimination only if it is clearly erroneous. See Lincoln v. Board of Regents, 697 F.2d 928, 940 (11th Cir.), cert. denied, 464 U.S. 826 , 104 S.Ct. 97 , 78 L.Ed.2d 102 (1983).

Mary Kristina Smith v. City of Sumiton

578 F. App'x 933 · Court of Appeals for the Eleventh Circuit · Aug 27, 2014

Neither he nor his estate, if one has been established, is a party to this appeal. 3 The court also found that, because Smith had not pleaded a sufficient claim against Chief Burnett, he was entitled to qualified … That means the complaint’s allegations must establish “more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949.