Case law

United States v. Hafiz Muhammad Sher Ali Khan

794 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Jul 23, 2015

THE COURT: He may not be as qualified as they are, but he’s an expert. Ferlazzo continued to testify. … Clearly, the defense had failed to comply with the District Court’s instructions.

Rosana Boulhosa Nassar v. Florida Department of Agriculture

Court of Appeals for the Eleventh Circuit · Nov 9, 2018

If applicable, sovereign immunity—rather than qualified immunity—would also bar Nassar’s claims against the individual state officials, because those defendants were sued in their official capacities. See Hafer v. … by sovereign immunity.

Willie B. Smith, III v. Commissioner, Alabama Department of Corrections

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

Smith bears “the burden of per- suasion” to clearly establish each of these elements. Siegel, 234 F.3d at 1176 (internal quotation marks omitted). … Smith has not shown that any of these factual findings rise to the level of being clearly erroneous.

Anthony Lorenzo v. City of Tampa

259 F. App'x 239 · Court of Appeals for the Eleventh Circuit · Dec 17, 2007

Therefore, according to the court, Prebich was entitled to qualified immunity on the § 1983 claim, and summary judgment was proper for the City on the false arrest claim. Lorenzo timely appealed. … Although Lorenzo clearly has a First Amendment right to express his views on marijuana laws through political protest, he does not have the right to violate Tampa’s anti-littering ordinance in the process.

Cornelius Martin, II v. Michael Wood

648 F. App'x 911 · Court of Appeals for the Eleventh Circuit · Apr 22, 2016

On appeal, Martin cites a number of cases concerning qualified immunity. But these cases have no bearing on Martin’s appeal. See Tapley v. … Demonstrating the existence of a custom or policy is not the only way a plaintiff can establish municipal liability.

United States v. Luis Ernesto Perez-Quevedo

Court of Appeals for the Eleventh Circuit · Dec 30, 2022

“The defendant bears the burden of establishing his minor role in the offense by a preponderance of the evidence.” Id. … After careful review, we find that it did not fail to consider the relevant role determination factors nor clearly err in ruling that Perez-Quevedo did not qualify for a “minor participant” role reduction

Willie B. Smith, III v. Commissioner, Alabama Department of Corrections

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

Smith bears “the burden of per- suasion” to clearly establish each of these elements. Siegel, 234 F.3d at 1176 (internal quotation marks omitted). … Smith has not shown that any of these factual findings rise to the level of being clearly erroneous.

Wilmington Trust Company v. The Manufacturers Life Insurance Company

749 F.2d 694 · Court of Appeals for the Eleventh Circuit · Jan 3, 1985

company's guidelines do not consider helicopters to be more dangerous than airplanes; that in the absence of extraordinary circumstances, commercial airline pilots, a private pilot flying 200 to 300 hours a year, and a fully qualified … Conclusion 44 The disputed issues of rescission and suicide were clearly for resolution by the jury.

Engineered Tax Services, Inc. v. Scarpello Consulting, Inc.

958 F.3d 1323 · Court of Appeals for the Eleventh Circuit · May 14, 2020

In it, the seller advertises that its “Total Heat System” can help customers qualify for tax deductions—presumably under Section 179D—“[w]ith the involvement of an independent engineered tax services firm.” … With such a well- established alternative available, ETS’s mark can hardly be “need[ed]” for competitors in that field.

Askari Abdullah Muhammad v. Secretary, Florida Department of Corrections

733 F.3d 1065 · Court of Appeals for the Eleventh Circuit · Sep 23, 2013

Indeed, the Florida Supreme Court’s decision in this case was neither contrary to nor an unreasonable application of clearly established Federal law. See 28 U.S.C. § 2254(d)(1); Evans v. … In order to qualify as an “adequate” procedural ground, the state rule must be “firmly established and regularly followed.” Walker v. Martin, _ U.S. _, 131 S. Ct. 1120, 1127 (2011).

United States v. Deonarinesingh

411 F. App'x 245 · Court of Appeals for the Eleventh Circuit · Jan 25, 2011

The district court did not clearly err in finding Deonarinesingh used sophisticated means. … The testimony of the bank investigator established that well over fifty individual account holders were defrauded, and under our precedent in Lee, those individual account holders qualify as victims for purposes of U.S.S.G

United States v. Harris

608 F.3d 1222 · Court of Appeals for the Eleventh Circuit · Dec 29, 2008

Yet the 1996 judgment form clearly notes the offense as falling under § 800.04(3), and also describes it as “sexual act with a child under 16 years of age.” … Harris also contends that the government failed to establish a nexus between his rifle and interstate commerce.

United States v. Octavio Osuna-Osorio

Court of Appeals for the Eleventh Circuit · Jul 31, 2023

Osuna-Osorio’s sole challenge on appeal is to the district court’s determination that he did not qualify for a minor-role re- duction. … Osuna-Osorio does not argue that the district court’s fact-finding was clearly erroneous.

United States v. Mauricio Javier Puche

350 F.3d 1137 · Court of Appeals for the Eleventh Circuit · Nov 12, 2003

Furthermore, bank records established that more than ninety-two million dollars had passed through GEC's bank accounts from May 18, 2000, through November 9, 2000. … insufficient to support their convictions for conspiracy to commit "promotion" money laundering, but sufficient to support their convictions for conspiracy to commit "concealment" money laundering, the district court clearly

William C. Martinez v. Hernando County Sheriff's Office

579 F. App'x 710 · Court of Appeals for the Eleventh Circuit · Aug 21, 2014

Here, the district court did not clearly err in determining that $300 per hour for Mr. Cornell was a reasonable rate. … “Rule 38 sanctions have been imposed against appellants who raise ‘clearly frivolous claims’ in the face of established law and clear facts.” Farese v.

Joseph Daniel Brockington v. Certified Electric, Inc., Gerald Raine

903 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Jun 26, 1990

The circumstances under which Brocking-ton was injured are exactly the type contemplated as being the particular hazard of traveling upon the water and clearly within the purview of the traditional role of admiralty law. … Transamerica Delaval, supra (establishing products liability action in general maritime law).

Christine D'Onofrio v. Costco Wholesale Corporation

964 F.3d 1014 · Court of Appeals for the Eleventh Circuit · Jul 6, 2020

App’x 344, 346 (11th Cir. 2005) (per curiam) (“[T]he record clearly shows that [plaintiff] did not require an accommodation to perform her job. … To reiterate, D’Onofrio offers no evidence to establish that she ever submitted a request for on-site interpreters that Costco failed to honor.

Tara Productions, Inc. v. Hollywood Gadgets, Inc.

449 F. App'x 908 · Court of Appeals for the Eleventh Circuit · Dec 30, 2011

[makes] findings of fact that are clearly erroneous.” Mincey v. Head, 206 F.3d 1106, 1137 n.69 (11th Cir. 2000) (quotation marks omitted). … If no good reason for failing to respond to the complaint has been shown, excusable neglect cannot be established.

Antonio Saldana Hernandez v. City of Hoover, AL

212 F. App'x 774 · Court of Appeals for the Eleventh Circuit · Oct 31, 2006

The district court held that Officer Pugh had carried his burden on summary judgment of demonstrating that there were no material facts in dispute and that Officer Pugh was entitled to the protection of qualified immunity … Therefore Officer Pugh is entitled to the protection of qualified immunity and the judgment of the district court is affirmed. AFFIRMED. 4

Emory University, Inc. v. Neurocare, Inc.

985 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Jan 25, 2021

Both cases looked to Black’s Law Dictionary, which clearly indicates a grandparent is an affiliate of a grandchild. … entity or person that “controls, is controlled by, or is under common control” or is “controlling, controlled by, or under common control” with another, sometimes specifying that either direct or indirect control can qualify