Case law

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.

Tondalaya Evans v. Books-A-Million

Court of Appeals for the Eleventh Circuit · Aug 8, 2014

to an adverse employment action; (3) her employer treated similarly situated employees not of the protected class more favorably; and (4) she was qualified for the job. … Evans failed to establish a prima facie case of unequal pay.

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.

United States v. Jorge Valdes

425 F. App'x 873 · Court of Appeals for the Eleventh Circuit · May 3, 2011

The district court’s determination that a defendant does not qualify for a minor-role reduction is a factual finding which is reviewed for clear error. United States v. … The proponent of the reduction bears the burden of establishing his minor role in the offense by a preponderance of the evidence. DeVaron, 175 F.3d at 934.

United States v. Hugh Fowler, Jr.

475 F. App'x 730 · Court of Appeals for the Eleventh Circuit · May 9, 2012

Because the enhancement is intended to address “concerns about relative responsibility,” id. cmt. background, “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal association … The district court did not clearly err in finding that Fowler was a leader of the conspiracy.

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

United States v. Daniel A. Rodriguez

Court of Appeals for the Eleventh Circuit · Aug 25, 2021

“The government bears the burden of establishing the facts necessary to support a sentencing enhancement by a preponderance of the evidence.” Id. … When we are presented with a Kastigar claim, we must “determine whether any of the evidence used against the defendant was in any way derived from his compelled immunized testimony.” United States v.

Socialist Workers Party v. Leahy

145 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jul 7, 1998

For example, only qualifying candidates of registered parties and qualifying 6 Nor, as counsel for the Secretary suggested at oral argument, would a future Secretary of State be precluded from enforcing … Moreover, plaintiff- appellants’ desired relief, a finding that the statute is unconstitutional and an injunction against its enforcement, would clearly redress the threatened injury by preventing it.

United States v. 434.00 Acres Of Land More Or Less, In Camden County, Georgia

792 F.2d 1006 · Court of Appeals for the Eleventh Circuit · Jun 27, 1986

This conveyance gave to the United States "an easement and right for the establishment, maintenance, operation and use of a safety area, in connection with the Kings Bay Ammunition Loading Terminal" over parcels 33 and 34 … It may be reversed on appeal only if clearly erroneous.

Solomon v. Liberty County Comrs.

166 F.3d 1135 · Court of Appeals for the Eleventh Circuit · Feb 3, 1999

Appellees point to four portions of the record that they contend support the district court's finding: (1) testimony that "blacks have frequently not known nor asked about alternatives to paying qualifying fees"; (2) Solomon's … This finding was not clearly erroneous.

Tiberio P. DeJulio v. State of Georgia

290 F.3d 1291 · Court of Appeals for the Eleventh Circuit · Dec 27, 2001

In the instant case, the Solicitor General, for the United States as amicus curiae, has endeavored to qualify the argument advanced in Pilot Life. See Brief 20-25. … Gilbert's health insurance policy included employees other than himself and his wife; thus it qualifies as an ERISA employee benefit plan. R.I at Tab 1, Ex. 1.

Isaacs v. Kemp

778 F.2d 1482 · Court of Appeals for the Eleventh Circuit · Dec 9, 1985

Harrington’s testimony was clearly outside the rule because the testimony went only to establish the historical, objective fact that Ms. Harrington did attend a substantial *1485 portion of Carl Isaacs’ trial. … Harrington’s attendance at Carl Isaacs’ trial would qualify as "extraneous prejudicial information,” coming within the exception and justifying inquiry into such matters. See Mattox v.

Derrick G. Carmichael v. United States

Court of Appeals for the Eleventh Circuit · Mar 29, 2022

So he turns instead to the second path, seeking to establish that case law at the time he was sentenced in 2009 made it obvious that an aggravated assault in violation of Georgia law qualified as a violent felony only under … Still, Carmichael has failed to show that he was sentenced under the residual clause, because he has pointed to no binding precedent existing at the time of his sentencing that clearly established that his aggravated assault

Harvey v. Warden, Union Correctional Institution

629 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Jan 6, 2011

established law . . . .”). … contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254(d)(1).

Hester v. International Union of Operating Engineers

818 F.2d 1537 · Court of Appeals for the Eleventh Circuit · Jun 12, 1987

The remaining applicants considered for appointment are divided into three groups: outstanding, well-qualified, and qualified. … Applicants in the "outstanding" group are appointed first, then applicants in the "well-qualified" group, then in the “qualified” group.

United States v. Antwon Stuckey

499 F. App'x 862 · Court of Appeals for the Eleventh Circuit · Nov 27, 2012

We reasoned that, like burglary, escapes from custody would likely cause “an eruption of violence” upon discovery while the police attempted to apprehend the escapee, and such an eruption clearly presents a serious potential … During the pendency of Stuckey’s appeal, we issued an opinion reversing the district court’s grant of habeas relief in Shelton, holding that the state court did not unreasonably apply clearly established federal law, as

United States v. Samuel Knowles

Court of Appeals for the Eleventh Circuit · Mar 2, 2026

On appeal, Knowles argues that the district court abused its discretion in summarily denying his third pro se motion for a new trial based on its finding that he was unable to establish equitable tolling … If “the acumen gained by a trial judge over the course of the proceedings [makes] him well qualified to rule on the basis of affidavits without a hearing,” then the district court does not err in declining

Bedinghaus v. Modern Graphic Arts

15 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Apr 19, 1994

Clearly, "the company" refers to the Times and its affiliates, not to some entity that happens to purchase the assets of one of the affiliates. We see no ambiguity in the crucial terms. … As the First Circuit said in Bellino: 33 Federal courts have established no hard and fast rule that an individual must suffer a period of unemployment to qualify for severance benefits under ERISA.

Financial Information Technologies, LLC v. iControl Systems, USA, LLC

21 F.4th 1267 · Court of Appeals for the Eleventh Circuit · Dec 22, 2021

But aspects of computer software that are readily ascertainable don’t qualify. See IDX Sys. Corp. v. Epic Sys. … Had Fintech clearly presented that evidence, it might have been entitled to an award that didn’t account for those costs.

Schyler Harris v. Antonio Cammon

Court of Appeals for the Eleventh Circuit · Feb 9, 2022

Establishing actual malice to overcome official immunity is a high bar; it’s “not established merely by showing that the defendant acted with ‘ill will.’” Gates, 884 F.3d at 1304. … Harris also argues that because Cammon’s actions were ma- licious, he wasn’t entitled to qualified immunity and official im- munity under state law.