Case law

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.

Twin City Fire Insurance v. Ohio Casualty Insurance

480 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Mar 16, 2007

In this case, Ohio Casualty clearly waived the protection of the no-action 7 clause. … Ohio Casualty clearly knew about and could have chosen to participate in the settlement negotiations.

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.

Cox v. American Cast Iron Pipe Co.

784 F.2d 1546 · Court of Appeals for the Eleventh Circuit · Mar 26, 1986

Furthermore, we find that the content of this particular opt-out notice was clearly improper. … This approach “presumes that a plaintiff who has suffered an alleged act of discrimination is qualified to represent all persons of the same basis (i.e., race, sex, etc.) in terms of any and all alleged discriminatory practices

Powers v. Alabama Department of Education

854 F.2d 1285 · Court of Appeals for the Eleventh Circuit · Sep 14, 1988

The Allegation of Disparate Treatment Whenever a plaintiff proceeds upon a theory of disparate treatment, he or she must establish by a preponderance of the evidence that the employer acted with discriminatory intent. … We cannot say that this finding was clearly erroneous.

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; ...

Said I. Hakki, M.D. v. Secretary, Department of Veterans Affairs

Court of Appeals for the Eleventh Circuit · Aug 3, 2021

Hakki did not qualify for. … Hakki has not established the requirements for mandamus jurisdiction. He has wholly failed to establish a clear right to any relief or a clear duty on the part of the VA.

Sherry J. Anderson v. City of Atlanta

778 F.2d 678 · Court of Appeals for the Eleventh Circuit · Dec 16, 1985

must establish — find established here by a preponderance of the evidence introduced by the plaintiff is a policy coupled or having as an ingredient of that the conscious *688 indifference to the needs of prisoners for the … The special interrogatory pertaining to the City of Atlanta stated very clearly the degree of proof necessary to find liability on the part of the City.

Darryl Pruitt v. The City of Montgomery, Alabama

771 F.2d 1475 · Court of Appeals for the Eleventh Circuit · Sep 24, 1985

The district court recognized, on the other hand, that the issue of Kidd’s qualified "good faith” immunity, see Harlow v. … The above-quoted definitions clearly encompass Kidd’s actions in shooting Pruitt; Kidd, at the least, purposely fired his shots at Pruitt’s legs, and in doing so used force capable of causing serious physical injury.

Ernest Cadet v. State of Florida Department of Corrections

853 F.3d 1216 · Court of Appeals for the Eleventh Circuit · Feb 24, 2017

That attorney has clearly violated the ABA rules. … Justice Alito’s concurrence comprised two clearly delineated sections: the first section discussed negligence, and the second did not.

United States v. Joseph Adam McIlwain

Court of Appeals for the Eleventh Circuit · Nov 25, 2014

While law enforcement established a perimeter, McIlwain contacted his mother and arranged for her to pick him up. … The substance of the proceedings rendering involuntary confinement clearly indicated that a formal commitment had occurred.

Fred Spires, Jr. v. Ben Hill County, D/B/A Ben Hill Emergency Medical Service, the Ben Hill County Commissioners, Ed Drexler, Freddie Sawyer and John Bishop, Individually and in Their Official Capacity as Commissioners, David Allen Sanders v. Ben Hill County, D/B/A Ben Hill Emergency Medical Service, the Ben Hill County Commissioners, Ed Drexler, Freddie Sawyer and John Bishop, Individually and in Their Official Capacity as Commissioners, Ray L. Mercer v. Ben Hill County, D/B/A Ben Hill Emergency Medical Service, the Ben Hill County Commissioners, Ed Drexler, Freddie Sawyer and John Bishop, Individually and in Their Official Capacity as Commissioners, Suzy Stone Mercer v. Ben Hill County, D/B/A Ben Hill Emergency Medical Service, the Ben Hill County Commissioners, Ed Drexler, Freddie Sawyer and John Bishop, Individually and in Their Official Capacity as Commissioners

980 F.2d 683 · Court of Appeals for the Eleventh Circuit · Jan 4, 1993

This type of activity clearly does not fall within the definitions of either firefighting or law enforcement contained in 29 C.F.R. §§ 553.210 and .211. … Finally, in May, 1989, Halbert wrote to the County that after further examination of the EMT logs, he determined that the EMTs employed by the County qualified for the partial firefighter's exemption.

Berman v. Orkin Exterminating Co.

Court of Appeals for the Eleventh Circuit · Nov 13, 1998

Berman qualified for the president’s club and honor council based on his 1990 sales. … Berman qualified for the president’s club again in 1991 based on his yearly sales. Morris said that he also heard Rodriguez use the term “Jewmaican” several times in reference to Berman.

Brian Terry v. Jamila McGee

Court of Appeals for the Eleventh Circuit · May 7, 2026

A court abuses its discretion if it applies an incorrect legal standard, follows improper procedures, or makes clearly erroneous findings of fact. Peer v. … Subsection (3) of § 1985 provides a cause of action to victims of a conspiracy to deprive any person or class of persons of the equal protection of the laws, or of equal priv- ileges and immunities

Choctaw Manufacturing Co., Inc. 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.

Charles G. Chrenko v. Bob Riley

560 F. App'x 832 · Court of Appeals for the Eleventh Circuit · Mar 19, 2014

That finding was clearly erroneous. … As a result, the magistrate judge’s grant of summary judgment relied on a clearly erroneous finding of fact.

Jeffery Lee v. Commissioner, Alabama Department of Corrections

726 F.3d 1172 · Court of Appeals for the Eleventh Circuit · Aug 1, 2013

After review and oral argument, we affirm because the state courts’ denial of Lee’s claims was not contrary to or an unreasonable application of clearly established federal law under 28 U.S.C. § 2254 (d). … established federal law.

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).

United States v. Damon Amedeo

487 F.3d 823 · Court of Appeals for the Eleventh Circuit · May 24, 2007

He also argues that the intervening decision in Booker does not qualify as a change in controlling authority sufficient to allow this court’s mandate in Amedeo I to be exceeded on remand because Booker “was not a change in … controlling law which made a contrary result applicable,” and this court’s original decision in Amedeo I was not clearly erroneous.

Eric Robert Rudolph v. United States

Court of Appeals for the Eleventh Circuit · Feb 12, 2024

The “glory of the English law consists in clearly defining the times, the causes, and the extent, when, wherefore, and to what degree, the imprisonment of the subject may be lawful.” 3 William Blackstone … Even if we were inclined to change course here— which we are not—Rudolph would not qualify for relief for any number of reasons.