Case law

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  • Stuckey v. Northern Propane Gas Co.

    874 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Jun 13, 1989

    The term “qualified agency” means any individual, firm, corporation or company which either in person or through a representative is engaged in and is responsible for (a) the installation or replacement of gas piping or ( … It corrected the verdict by assessing the full amount of damages against all parties, explaining: The verdict therefore established the guilt of all the defendants and the total damages they caused the plaintiff by their

    Cited 19 timesPublished
  • United States v. Antoine Demetrius Moton

    226 F. App'x 936 · Court of Appeals for the Eleventh Circuit · Apr 4, 2007

    Neither principle is clearly established under current law. … Since the district court did not clearly err by failing to apply a sua sponte departure under § 4A1.3, Moton can only establish plain error if current law clearly establishes an exception to Irizarry in cases in which a

    Cited 3 timesUnpublished
  • Manufacturing Research Corporation v. Graybar Electric Company

    679 F.2d 1355 · Court of Appeals for the Eleventh Circuit · Jul 9, 1982

    Indeed, uncontroverted evidence establishes beyond doubt that Henry B. … Adequate testimony indicated that Crees was qualified to testify as an expert on the development of tools.

    Cited 3 timesPublished
  • Wouters v. Martin County

    9 F.3d 924 · Court of Appeals for the Eleventh Circuit · Dec 21, 1993

    Neither party clearly addresses the percentage, of EMS calls handled alone, that is, without either police or fire dispatch. … Such a defense, if established, shall be a bar to the action or proceeding.... (emphasis added). .

    Cited 34 timesPublished
  • Cochran, III v. United States

    770 F.2d 949 · Court of Appeals for the Eleventh Circuit · Sep 6, 1985

    established. … Did Press Release Amount to a "Clearly Unwarranted 25 Invasion of Privacy?"

    Cited 0 timesPublished
  • Zafar v. U.S. Attorney General

    461 F.3d 1357 · Court of Appeals for the Eleventh Circuit · Aug 24, 2006

    Zafar argued that because he was then under the age of twenty-one, he might qualify as a derivative beneficiary of his father’s 1 employment-based visa petition if it was ultimately approved. … filed only labor certificate applications with the DOL, were not yet statutorily eligible for adjustment of status under § 1255(i), and had not filed I-485 applications for adjustment-of-status relief under § 1255(i), it clearly

    Cited 100 timesPublished
  • Gaedtke v. Secretary, Department of Corrections

    369 F. App'x 12 · Court of Appeals for the Eleventh Circuit · Mar 8, 2010

    The judge 2 informed Gaedtke that the charge against him carried a maximum penalty of thirty years in prison and that if he had any prior qualifying convictions he could be … the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254(d)(1), (2) (2009) (emphasis added).2 “A state court decision is contrary to clearly established federal law if it

    Cited 6 timesUnpublished
  • United States v. Jameel Williams

    Court of Appeals for the Eleventh Circuit · Jul 2, 2025

    Under a plain error standard, the defendant must establish that an error occurred, the error was plain, and the error affected the defendant’s substantial rights. Id. … We have “clearly held that 18 U.S.C. § 922(g) is constitutional under the Commerce Clause.” United States v.

    Cited 0 timesUnpublished
  • Eric Dynell McGadney v. United States

    Court of Appeals for the Eleventh Circuit · Apr 10, 2020

    In June 2017, a magistrate judge concluded that the second-degree escape and marijuana trafficking convictions were both qualifying felonies for purposes of the career-offender enhancement and that McGadney could not establish … U.S.S.G. § 4B1.2(a) (Nov. 1, 2012). 6 Though we have not clearly decided, we note that in United States v.

    Cited 0 timesUnpublished
  • All Care Nursing Svs. v. Bethesda

    135 F.3d 740 · Court of Appeals for the Eleventh Circuit · Feb 18, 1998

    In defining “price fixing” the Supreme Court wrote in these terms: That price-fixing includes more than the mere establishment of uniform prices is clearly evident . . . . … We cannot say the finding that no relevant market was established is clearly erroneous.

    Cited 0 timesPublished
  • Andres Felipe Arias Leiva v. Warden

    928 F.3d 1281 · Court of Appeals for the Eleventh Circuit · Jul 8, 2019

    Under the separation of powers established in and demanded by our Constitution, the Judicial Branch cannot second-guess that political judgment call or indulge whatever our own views on the matter may be. … Next, the Colombian government claimed that Arias funneled millions in program subsidies to eleven families even though he knew that they did not qualify.

    Cited 4 timesPublished
  • United States v. Mark Gyetvay

    Court of Appeals for the Eleventh Circuit · Aug 7, 2025

    We cannot say the district court clearly erred in adopting this determination. … For an offense to qualify under this provision, “[p]roperty . . . must serve as the object of the offense, not simply a collateral component.” United States v.

    Cited 0 timesPublished
  • Jason Jordan v. City of Union City, Georgia

    646 F. App'x 736 · Court of Appeals for the Eleventh Circuit · Mar 23, 2016

    See 42 U.S.C. § 12102(3)(A) (a plaintiff is “regarded as” having a disability if he can establish that he “has been subjected to an action prohibited under [the ADA] because of an actual or perceived physical or mental impairment … from the physiological effects of his condition, coping with an anxiety episode so as to prevent it from getting worse necessarily would require Jordan to divert some of his focus away from his external circumstances, clearly

    Cited 5 timesUnpublished
  • Michael A. McGuire v. Steven T. Marshall

    50 F.4th 986 · Court of Appeals for the Eleventh Circuit · Oct 3, 2022

    A2, §§ 12.03 (listing schizophrenia as a qualifying disability), 12.06 (listing agoraphobia as a qualifying disability). … We assume for purposes of this appeal only that parole would qualify as a traditional or historical punishment.

    Cited 9 timesPublished
  • United States v. Daniel Fountain

    462 F. App'x 889 · Court of Appeals for the Eleventh Circuit · Mar 20, 2012

    only as to Count 1, but argued that because the other counts also could have involved sheds, there was an insufficient factual basis to establish that they were violent felonies. … Thus, even without resolving whether the burglary of a shed qualifies as a violent felony for purposes of the ACCA, four of Fountain’s five prior convictions clearly qualify as such based on the indictments and the 1997

    Cited 0 timesUnpublished
  • United States v. Marc Kramer, August Zona, Charles Clayton Stevens, United States of America v. James J. Marren, United States of America v. Benjamin Barry Kramer

    943 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Oct 11, 1991

    sufficient to establish his guilt. … We cannot say that the district court's finding that Marc Kramer obstructed justice was clearly erroneous.

    Cited 0 timesPublished
  • No. 90-7643

    936 F.2d 1169 · Court of Appeals for the Eleventh Circuit · Jul 25, 1991

    We will not disturb the district court's ruling unless the court so clearly abused its discretion that its action could be deemed arbitrary. Id. at 1018 . … The district court did not abuse its discretion in qualifying Drs. Jackson and Davis as experts. United States v.

    Cited 0 timesPublished
  • United States v. Nelson Italiano

    837 F.2d 1480 · Court of Appeals for the Eleventh Circuit · Feb 22, 1988

    Among other purposes identified in section 521 are both the establishment of franchise procedures and standards and the establishment of guidelines for the exercise of Federal, State and local authority with respect to the … These statutes, in concert with the fiduciary duty doctrine, clearly establish that both the county and the public were deprived of “money,” and Count Four of the indictment, which incorporated by reference the bribery statute

    Cited 24 timesPublished
  • O'Reilly v. Ceuleers

    912 F.2d 1383 · Court of Appeals for the Eleventh Circuit · Sep 26, 1990

    The Levy case is clearly distinguishable from the factual situation presented by the allegations of plaintiffs’ complaint in this action. … Lewis ... establishes that the Director may not be considered a fiduciary for the purposes of ERISA.

    Cited 1 timesPublished
  • United States v. Willard M. Corbin, Sr., Gary Bruce "Buddy" Ellison, Carl Ellison, Duane Leslie Levingston, Thurman J. Corbin, United States of America v. Sampson Brewer Webb, David Brewer Webb and Robert Colin Kelly, D/B/A Colin Kelly

    734 F.2d 643 · Court of Appeals for the Eleventh Circuit · Jun 18, 1984

    The prejudice flowing from a joint trial must be "clearly beyond the curative powers of a cautionary instruction." United States v. … Stewart if he had shot one Herbert Patterson in January of 1980, and whether his "deal" with the government would immunize him from prosecution in connection with such an incident.

    Cited 0 timesPublished

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