Case law

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.

22 Collier bankr.cas.2d 1286, Bankr. L. Rep. P 73,354 in Re Joseph W. Watford and Doris F. Watford, Debtors. Joseph W. Watford and Doris F. Watford v. Federal Land Bank of Columbia, in Re Joseph W. Watford and Doris F. Watford, Debtors. Joseph W. Watford and Doris F. Watford v. United States of America, Acting Through the Commodity Credit Corporation, an Agency of the United States Department of Agriculture

898 F.2d 1525 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

Sec. 101 (20) were not clearly erroneous. In addition, the court found that the bankruptcy court's determination that the appellants' catfish farming plans were irrelevant was not clearly erroneous. … In re Sobel, 37 B.R. 780, 784 (Bankr.E.D.N.Y.1984), and a fear that some debtors will lie to achieve relief is a disingenuous reason to establish a hard and fast rule which denies truthful debtors relief."

United States v. Constance Haas Meester, Jeanne Sanfratello Tumulty, Robert Haas, Edward Conrad Sawyer

762 F.2d 867 · Court of Appeals for the Eleventh Circuit · May 20, 1985

They were thus clearly foreseeable. The evidence was sufficient to sustain Meester’s conviction on these substantive counts. … From these recitations, it is evident that the trial judge clearly intended to sentence Meester to a prison term of ten years.

United States v. Vincent Keith Raines

Court of Appeals for the Eleventh Circuit · Apr 5, 2023

imposing a sentence, a court also should consider: the nature and circumstances of the offense, the history and charac- teristics of the defendant, the kinds of sentences available, the sentencing range established … In its order, the district court never “clearly state[d]” that it would de- cline to exercise its discretion “regardless of [Raines’s] status as a career offender.”

Daryl Lenard German v. Broward County Sheriff's

315 F. App'x 773 · Court of Appeals for the Eleventh Circuit · Feb 20, 2009

Section 1983 provides a civil cause of action for “a claimant who can prove that a person acting under color of state law committed an act that deprived the claimant of some right, privilege, or immunity protected by the … However, “normally random 6 acts or isolated incidents are insufficient to establish a custom or policy.” Id.

First Nat'l Bank of Boston, In Re:

Court of Appeals for the Eleventh Circuit · Nov 30, 1995

There clearly was complete diversity in Rogers. … The dissent's view would establish a review standard that would preserve and perpetuate similar abuses of discretion by district courts and preclude our review.

NetChoice, LLC v. Attorney General, State of Florida

34 F.4th 1196 · Court of Appeals for the Eleventh Circuit · May 23, 2022

history, and studies and information of which legislators were clearly aware.” 238 F.3d 1273, 1280 (11th Cir. 2001). … The plaintiff bears the burden to establish that the measure isn’t severable. Id.

United States v. David Elysee

993 F.3d 1309 · Court of Appeals for the Eleventh Circuit · Apr 8, 2021

The statements, we said, “would have significantly helped establish Rubin’s defense.” Id. Likewise, in United States v. … In other words, while the Court’s evidentiary ruling might not have been indisputably correct, Elysee has fallen well short of establishing that the Court clearly abused its discretion by admitting the unredacted conviction

United States v. Zapata

Court of Appeals for the Eleventh Circuit · Apr 28, 1998

The "other crimes" evidence is evaluated under a three-part test: (1) the evidence must be relevant to an issue other than the defendant's character; (2) the act must be established by sufficient proof to permit a jury … However, we conclude that the district court clearly erred in "rounding-up" Ocampo's drug-quantity conversion, and committed plain error when it "rounded-up" Zapata's drug-quantity conversion.

Fluor Daniel v. Occupational Safety & Health Review Commission

295 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Jun 26, 2002

Moreover, even Herrington 3 The VPP is a cooperative program that allows qualified companies with rigorous safety practices and strong safety records to avoid regularly programmed OSHA inspections. … (BNA) 1196, 1201 (OSHRC 1993) (“[I]t is well established that an employer cannot rely on the Secretary’s failure to issue a citation.”).

Wallis v. Justice Oaks II, Ltd. (In re Justice Oaks II, Ltd.)

898 F.2d 1544 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

The Wallises, as guarantors of Justice Oaks’ loan from Park Bank, clearly were parties in interest, 5 and the bankruptcy court, in considering the Wallises’ objection, treated them as such. … As we explain in the text, the Wallises did have a sufficient interest in the estate to qualify them as parties in interest.

Federal Deposit Insurance Corporation, as Receiver of Twin City Savings, Fsa v. Robert L. McCullough and Mary Nan McCullough

911 F.2d 593 · Court of Appeals for the Eleventh Circuit · Sep 10, 1990

Establishing at least holder in due course status for FSLIC allows it, the public and the courts to draw on a well-developed body of commercial law when determining which state law defenses are clearly unenforceable against … raised several other defenses not relevant here including a contention that the sued-upon promissory note, mortgage, and assignment were void because at the time they were transferred to McCullough, Old Twin City was not qualified

Securities and Exchange Commission v. Donna Yun, Jerry Burch

327 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Apr 16, 2003

This certainly qualified as a history or pattern of sharing business confidences. … We, therefore, can reverse only if the jury’s findings were clearly erroneous. See, e.g., Commody Futures Trading Comm’n v. R.J.

United States v. Johnathan Anton Williams

Court of Appeals for the Eleventh Circuit · Aug 11, 2025

We explained in Rozier that “the first question to be asked” under Heller “is whether one is qualified to possess a firearm.” Id. at 770. … Morrison, 529 U.S. 598 (2000) did not abrogate McAllister because § 922(g)(1) contained an explicit statutory jurisdictional re- quirement that “immunizes § 922(g)(1) from Scott’s facial constitu-

Langfitt v. Federal Marine Terminals, Inc.

Court of Appeals for the Eleventh Circuit · Jul 29, 2011

Compl. at 3–4 (September 9, 2008). 4 an affirmative defense, that it was Langfitt’s employer, under § 904(a), at the time of Langfitt’s injury and therefore immune from … Swan, an FMT-employed supervisor and the man Langfitt recognized and considered to be “the guy running what was going on down in the [SJARD’s hold],” clearly controlled and directed Langfitt’s work inside the SJARD.

Glen Murphy v. Aldolfo C. Dulay

768 F.3d 1360 · Court of Appeals for the Eleventh Circuit · Oct 10, 2014

health information has requested a qualified protective order from the court. … Clearly, § 766.1065 does not provide the same privacy safeguards as those called for in the judicial-process exception.

37 Fair empl.prac.cas. 1217, 36 Empl. Prac. Dec. P 35,155 Lawrence Goldstein, Cross-Appellant v. Manhattan Industries, Inc., a Corporation, Cross-Appellee

758 F.2d 1435 · Court of Appeals for the Eleventh Circuit · Apr 25, 1985

There was considerable evidence that the demoted employee was not qualified for the position from which he had been demoted. … See id., 621 F.2d at 754 . 60 Moreover, the evidence is overwhelming that Goldstein was highly qualified for his position.

United States v. Andrew Wingo

789 F.3d 1226 · Court of Appeals for the Eleventh Circuit · Jun 16, 2015

[I]t clearly is understandable why he would be using bad judgment.” Dr. Mings conducted neuropsychological testing of Wingo on July 8, 2009. … Afield opined that Wingo was “clearly impaired” and that he was not “playing with . . . a full deck.”

Castro-Garcia v. U.S. Attorney General

154 F. App'x 833 · Court of Appeals for the Eleventh Circuit · Dec 23, 2005

In the appeal, he stated the IJ’s findings of fact were clearly erroneous and noted that he and his family suffered harassment, persecution, and torture by the Guatemalan government. … Schreiber, 139 F.3d 1381 , 1382 n. 1 (11th Cir.1998) (issues not clearly raised in the briefs are considered abandoned).

Yessenia Elizabeth Padilla-Banegas v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 27, 2025

Applying these factors, Padilla-Banegas’s proposed “Hondu- ran professionals” particular social group is too broad to qualify. First, the identity of the group is uncertain. … Dec. 189 (BIA 2018) (requiring an “applicant seeking asylum . . . based on membership in a particular social group” to “clearly indicate on the record before the [i]mmi- gration [j]udge the exact delineation