Case law

United States v. Efrain Garcia-Jaimes

484 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Apr 19, 2007

First Trial The main witness against Rigoberto, Efrain, Roberto, Armando, Alejandro, Sabas, and Leonardo was DEA Special Agent Robert Murphy (“Agent Murphy”), who was qualified as an expert based on his training … (10) Whether the district court clearly erred in determining the drug quantity attributable to Dante, Armando, and Jose.

Wilfredo A. Zalaya v. Secretary, Florida department of Corrections

Court of Appeals for the Eleventh Circuit · Aug 24, 2015

The government asserted that Zelaya failed to qualify for relief under the savings clause. … Scott, 177 F.3d 1236 (11th Cir. 1999), which considered when a petitioner may rely on the savings clause.4 Zelaya clearly and repeatedly insisted that he be permitted to proceed under § 2241.

White v. State of Alabama

74 F.3d 1058 · Court of Appeals for the Eleventh Circuit · Jan 24, 1996

In the event of such violation, the fact that the decree had been affirmed would not render it “immune from attack.” Id. In the case at hand, unlike in Local No. 93, the injury is immediate. … Boehm's memorandum expressed this point as follows: "[T]he record ... clearly establishes] that the purpose of the Judicial Nominating Commission is to secure the approval of African- *1067 American candidates on behalf of

United States v. Azmat

805 F.3d 1018 · Court of Appeals for the Eleventh Circuit · Nov 10, 2015

“If admissibility could be established merely by the ipse dixit of an admittedly qualified expert, the reliability prong would be, for all practical purposes, subsumed by the qualification prong.” … Before the district court qualified Dr. Kennedy as an expert, Dr.

Anthony W. Martinelli, Cross-Appellant v. Richard L. Dugger, Mrs. Ana Gispert, Cross-Appellees, Lt. T. Mowery, Sgt. E. Savoia

817 F.2d 1499 · Court of Appeals for the Eleventh Circuit · Jun 1, 1987

to the former Fifth Circuit that he is an offspring of a God and a Mortal and that a prison regulation requiring prisoners to be clean-shaven infringed upon his constitutional religious liberties because he is himself an established … Applying this standard to the facts of this case, we find that the district court’s conclusion that appellee was sincere is not clearly erroneous.

Ghiass Mouhamed Ali v. District Director, Miami District, U.S. Citizenship and Immigration Services

Court of Appeals for the Eleventh Circuit · Aug 2, 2018

A factual finding is clearly erroneous “when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Id. … In the United States in particular, “‘a person’s diplomatic status is established when it is recognized by the Department of State.’” Raya, 703 F. 3 Pub. L.

AM. ASS'N OF PEOPLE WITH DISABILITIES v. Harris

647 F.3d 1093 · Court of Appeals for the Eleventh Circuit · Jul 27, 2011

The City and the County are consolidated and are governed under the Charter of the Consolidated Government of the City of Jacksonville, which established a mayor-city council form of government. … individuals who use wheelchairs. . . . 42 U.S.C. § 12183(a)(2) (emphasis added). 25 explain whether wires connected the boxes with law enforcement, the boxes were clearly

Greg Gardner v. Laura McCullough

Court of Appeals for the Eleventh Circuit · Nov 28, 2023

If yes, “such false statements would be enough to establish a claim of malicious prosecution.”2 Id. … We will not address the Defendants-Appellees’ ar- gument regarding qualified immunity for the same reason. AFFIRMED.

Proctor v. Fluor Enterprises, Inc.

494 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Aug 13, 2007

Fluor contended that (1) Proctor had failed to establish that Lawrence breached any duty or that the accident was foreseeable, and (2) Dr. Bowling’s testimony did not establish stroke causation. … Thus, we cannot say that even Alabama law clearly establishes that pleading the AWCA’s exclusivity bar was insufficient to raise the borrowed servant issue here.

Otis J. Holloman v. Mail-Well Corporation

443 F.3d 832 · Court of Appeals for the Eleventh Circuit · Mar 27, 2006

Workers, 211 F.3d 938, 942 (5th Cir. 2000) (per curiam) (noting that under an ERISA qualified joint and survivor annuity, “(1) the . . . annuity payments cease at the death of the participant spouse, regardless of whether … Further, it is well established in the caselaw that there is no cause of action for breach of fiduciary duty involving a top hat plan.” (citations omitted)); Reliable Home Health Care, Inc., v. Union Cent. Ins.

Carl J. Fabry v. Commissioner of Internal Revenue

223 F.3d 1261 · Court of Appeals for the Eleventh Circuit · Aug 21, 2000

PROCEDURAL BACKGROUND 3 Even the field notes of a du Pont representative admit that the Fabrys had established a premier citrus nursery using state of the art operations. 4 The record very clearly reflects … See note 14 supra. 19 and qualify for the exclusion, it appears that a cause and effect relationship must be established between the tort, the personal injury resulting

King v. Moore

196 F.3d 1327 · Court of Appeals for the Eleventh Circuit · Nov 30, 1999

In essence, therefore, King would have us conclude that the mere striking of a qualified black juror raises an inference of race discrimination. We have found no case so concluding. … Florida establishes that Mr.

Grider v. City of Auburn, Al

443 F. App'x 523 · Court of Appeals for the Eleventh Circuit · Oct 21, 2011

First Appeal In the first appeal, multiple defendants, including Officer Carver, appealed the district court’s denial of qualified immunity and state-law immunity. … We affirmed the denial of immunity to Officer Carver on Grider’s malicious prosecution claims under § 1983 and state law, but we reversed the denial of state- law immunity to the other defendants on the remaining claims

Champ v. Calhoun County Emergency Management Agency

226 F. App'x 908 · Court of Appeals for the Eleventh Circuit · Mar 26, 2007

a prima facie case, Champ must establish that: (1) she was a member of a protected class; (2) she was qualified and applied for the position; (3) she was rejected despite these qualifications; and (4) the position was … APAC, Inc., 236 F.3d 651, 654, 656 (11th Cir. 2000) (prima facie case established where supervisors testified that plaintiff was qualified for the position).

Osahar v. Postmaster General of U.S. Postal Service

263 F. App'x 753 · Court of Appeals for the Eleventh Circuit · Jan 15, 2008

From the group of available, qualified employees, the person who is next on the overtime rotation list is selected. … The first step is to establish a prima facie case of racial discrimination, which a plaintiff may do by showing that: (1) he belongs to a protected class; (2) he was qualified to do the job; (3) he was subjected to adverse

Nancy Carola Jacobsen v. Florida Secretary of State

974 F.3d 1236 · Court of Appeals for the Eleventh Circuit · Sep 3, 2020

After all, parties that have qualified to be on the ballot are similarly situated with respect to any right to be first on the ballot. … To me, the Secretary of State’s role in elections, specifically ballot ordering, points more clearly to the conclusion that she enforces the statute.

Cabalceta v. Standard Fruit Co.

883 F.2d 1553 · Court of Appeals for the Eleventh Circuit · Sep 28, 1989

Defendants argue that the record is complete, that the information contained in the affidavit is irrelevant to the issues before the court, and that Professor Baade has not been qualified as an expert. … The Vareka court was faced with reviewing whether the district court’s finding that defendant Vareka’s principal place of business was in Ecuador was clearly erroneous.

Barbara S. Waldrop v. Southern Company Services, Inc.

24 F.3d 152 · Court of Appeals for the Eleventh Circuit · Jun 29, 1994

In this instance in which relief is sought under § 504, a back pay award is clearly compensatory, fitting within neither definition of restitution. … Thus, Franklin establishes that damages are available in Title VI cases as well as Title IX cases.

Robert Ellis Lowery v. Jerry Cummings

255 F. App'x 409 · Court of Appeals for the Eleventh Circuit · Nov 14, 2007

A state court’s decision is “contrary to . . . clearly established federal law” if it either (1) “applie[s] a rule that contradicts the governing law set forth by [the] Supreme Court,” or (2) contradicts the holding of … established federal law.

Seck v. U.S. Attorney General

663 F.3d 1356 · Court of Appeals for the Eleventh Circuit · Dec 8, 2011

Seck to establish her claim. … The issue clearly has not been waived. See Lapaix v. U.S.