Case law

Alabama Education Ass'n v. State Superintendent of Education

746 F.3d 1135 · Court of Appeals for the Eleventh Circuit · Feb 5, 2014

Thus, the licensing requirement clearly applied to the plaintiff and its facial challenge failed. … Suffice it to say, without any qualifying language, “public opinion polling” could be understood to include polling on issues other than candidate-based advocacy.

Becky Wallace, Annette Neil v. Dunn Construction Company, Inc.

968 F.2d 1174 · Court of Appeals for the Eleventh Circuit · Aug 17, 1992

The Tenth Circuit clearly placed Summers in a worse position than if he had not been a member of a protected class. … If Neil establishes that her discharge was retaliatory, then Dunn will be liable for her lost wages. White and Son, 881 F.2d at 1012 .

Walter Bradshaw v. Federal Aviation Administration

8 F.4th 1215 · Court of Appeals for the Eleventh Circuit · Aug 12, 2021

The Federal Aviation Act authorizes the FAA Administrator to issue airman certificates to qualified individuals. 49 U.S.C. § 44703(a). Airman certificates are akin to driver’s licenses for pilots. See id. … Property Interest The Supreme Court has explained: [t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

State of Alabama v. U.S. Army Corps of Engineers

424 F.3d 1117 · Court of Appeals for the Eleventh Circuit · Sep 19, 2005

See Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d § 3922 (“It is not enough to qualify for appeal under [§ 1292(a)(1)] that a requested order be addressed to a party and command action, or even that it … establishes the burden of persuasion as to the four requisites.”

United States v. Jesus Rosales-Bruno

789 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Jun 19, 2015

We also decided that the record did not establish that Rosales-Bruno’s 2008 Florida false imprisonment conviction had been under a statutory alternative that qualifies as a crime of violence for purposes of § 2L1.2(b)(l)( … The primary problem with the theory is that the facts established by the undisputed data show that no such signal has been sent or received.

Ira Koves v. City of Orlando

319 F. App'x 783 · Court of Appeals for the Eleventh Circuit · Mar 16, 2009

The district court held that the officers were entitled to 4 qualified immunity against Koves’s allegations of false arrest and excessive force because the officers had probable … The record does not establish that Koves opposed the motions for summary judgment. Koves asserts that he filed an opposition that was untimely, but there is no entry on the docket sheet to support Koves’s assertion.

United States v. Lawrence F. Curtin

78 F.4th 1299 · Court of Appeals for the Eleventh Circuit · Aug 28, 2023

The district court did not err in concluding that Curtin failed to qualify for the four-point reduction. … As I see it, though, it’s also clearly wrong. Here’s why: Pugh, again, is the fountainhead case.

Pirolo v. City of Clearwater

711 F.2d 1006 · Court of Appeals for the Eleventh Circuit · Nov 4, 1983

The only basis for the ordinances is the police power, and they are clearly preempted by federal law. III. … The district court, noting that zoning is a legislative function and that a municipality is not absolutely immune when exercising its legislative function, Monell v.

United States v. Cheryl Singleton

Court of Appeals for the Eleventh Circuit · Oct 21, 2021

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 is more frequently … The commentary to § 1B1.13 establishes four categories of circumstances in which “extraordinary and compelling reasons” for a sentence reduction exist: (1) qualifying medical conditions, (2) advanced age, (3) family circumstances

Andrez Marquez v. Amazon.com, Inc.

69 F.4th 1262 · Court of Appeals for the Eleventh Circuit · Jun 7, 2023

The district court held that, on the breach of contract claim, “Plaintiffs [did] not ple[a]d facts that establish[ed] that [Amazon] owed a duty to provide [Prime] subscribers with unqualified rapid … The contract repeatedly qualified the rights of Prime subscribers and gave Amazon the authority to modify Prime benefits—including Rapid Delivery.

Saul Lopez Martinez v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 25, 2024

And it concluded that the IJ’s factual findings were not clearly erroneous, noting that the IJ had “considered and dis- cussed the relevant factors . . . based on controlling legal author- ity,” again … The BIA explained that an applicant basing a claim on the health of a qualifying relative “needs to establish that the relative has a serious medical condition and, if he or she is accompanying the

Gary Mitchell v. Hillsborough County

468 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Oct 31, 2006

Ed. 2d 315 (1987) (“It is clearly established that a State may not discharge an employee on a basis that infringes that employee's constitutionally protected interest in freedom of speech.” (citing Perry v. … Jones, 323 F.3d 1294, 1295–96 (11th Cir. 2003) (“The law is clearly established that an employer may not demote or discharge a public employee for engaging in protected speech.”).

Auguste v. Attorney General

118 F.3d 723 · Court of Appeals for the Eleventh Circuit · Aug 1, 1997

. § 1187 (West supp. 1998), an alien from a qualifying country who meets certain requirements not relevant here may enter the United States without a visa for no more than ninety days if the alien waives "any right . . … While Auguste's petition below was labeled "§ 2241," it clearly sought judicial review of an INS decision. See supra note 3.

United States v. Lourdes Margarita Garcia

906 F.3d 1255 · Court of Appeals for the Eleventh Circuit · Oct 19, 2018

Moreover, Count One clearly detailed the deceitful and dishonest "manner and means" by which the conspirators attempted to accomplish the alleged purpose of the conspiracy. … When taken in light of the entire jury charge, these definitions were clearly adequate. See United States v.

Dennis Williams, Jr. v. Social Security Administration, Commissioner

661 F. App'x 977 · Court of Appeals for the Eleventh Circuit · Sep 27, 2016

At this step, an impairment is not considered severe “only if the abnormality is so slight and its effect so minimal that it would clearly not be expected to interfere with the individual’s ability to work, irrespective … The only evidence supporting Williams’s claim that his depression qualified as a severe 4  Case: 15-15252 Date Filed: 09/27/2016 Page: 5 of 5 impairment was

United States v. Jorge Cesar Ferretiz-Hernandez

139 F.4th 1286 · Court of Appeals for the Eleventh Circuit · Jun 11, 2025

A burden- shifting regime of this kind would collide head-on with the doc- trine of legislative immunity. Cf. United States v. Brewster, 408 U.S. 501, 526, 92 S. Ct. 2531, 2544 (1972). … I would affirm on the narrow ground that this finding was not clearly erroneous.

United States v. Williams

643 F. App'x 933 · Court of Appeals for the Eleventh Circuit · Feb 26, 2016

We will not disturb a guilty verdict unless no reasonable trier of fact could have found that the evidence establishes the defendant’s guilt. Howard, 742 F.3d at 1341 ; United States v. … The government must establish drug quantity by a preponderance of the evidence. Id. at 1315 . The district court’s drug-quantity finding was not clearly erroneous.

Eric Raymond Williams v. A. Slack

438 F. App'x 848 · Court of Appeals for the Eleventh Circuit · Aug 23, 2011

First, the admitted evidence established that Williams created a disturbance, and “[p]rison guards may use force when necessary to restore order and need not wait until disturbances reach dangerous proportions before responding … Finally, based on our holding that the defendants were entitled to summary judgment, we need not consider their arguments that they were entitled to qualified immunity.

Mitchell v. Farcass

112 F.3d 1483 · Court of Appeals for the Eleventh Circuit · May 6, 1997

The second and third indices of statutory retroactive effect outlined above clearly have no application to this case, and Mitchell makes no argument to the contrary. … Clearly, Congress had a rational basis to believe that the fee requirements of the PLRA would further this objective.

Vadis J. Frone v. JP Morgan Chase & Co.

695 F. App'x 468 · Court of Appeals for the Eleventh Circuit · Jun 5, 2017

HUD regulations that are clearly referenced in the parties’ deed as a condition precedent to the lender’s exercise of the power to 3  Case: 16-12843 Date Filed … 4  Case: 16-12843 Date Filed: 06/05/2017 Page: 5 of 11 expenses as damages, as litigation expenses are an ancillary claim that requires the plaintiff to establish