Case law
Opinions from 1658 to today.
9,466 results
1.64s
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 timesPublishedUnited 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 timesUnpublishedManufacturing 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 timesPublished9 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 timesPublished770 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 timesPublishedZafar 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 timesPublishedGaedtke 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 timesUnpublishedUnited 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 timesUnpublishedEric 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 timesUnpublishedAll 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 timesPublishedAndres 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 timesPublishedCourt 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 timesPublishedJason 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 timesUnpublishedMichael 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 timesPublishedUnited 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 timesUnpublished943 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 timesPublished936 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 timesPublishedUnited 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 timesPublished912 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 timesPublished734 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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