Case law

Malik Douglas v. DeKalb County, Georgia

308 F. App'x 396 · Court of Appeals for the Eleventh Circuit · Jan 23, 2009

identify a similarly situated officer of any ethnic or racial background who was disciplined less harshly than he. 4 Indeed, as this Court has found no constitutional violation, we need not consider the qualified … immunity issue. 9

17 Collier bankr.cas.2d 1171, Bankr. L. Rep. P 72,128 in Re Allstar Building Products, Inc., Debtor. Overhead Door Corporation v. Allstar Building Products, Inc.

834 F.2d 898 · Court of Appeals for the Eleventh Circuit · Dec 1, 1987

The debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code on June 4, 1985, and [name] is the duly appointed, qualified and acting Trustee. 18 2. … The decision of the Bankruptcy Judge is not clearly erroneous.

Mamberto Real v. The City of Fort Myers

Court of Appeals for the Eleventh Circuit · Sep 27, 2019

The complaint must introduce facts that plausibly establish each essential element of the asserted cause of action. See Simpson v. … Furthermore, because the district court dismissed Real’s complaint with prejudice for failure to state a claim upon which relief could be granted without deciding whether deputy Camacho was entitled to qualified immunity,

Lee Caley v. Gulfstream Aerospace Corp.

428 F.3d 1359 · Court of Appeals for the Eleventh Circuit · Oct 31, 2005

Thus, unless Congress has clearly expressed an intention to preclude arbitration of the statutory claim, a party is bound by its agreement to arbitrate.” Davis v. S. … The DRP clearly states that it is a contract, establishes the terms of the contract, and explains the means of accepting the contract. Thus, the DRP plainly constituted an offer.

Kenneth D. Humphrey v. DHS Department of Homeland Security

Court of Appeals for the Eleventh Circuit · Apr 19, 2013

Gate 2 The district court dismissed Humphrey’s claims against the Equal Employment Opportunity Commission (EEOC) because “sovereign immunity shields federal agencies from suit.” … Ct. at 2350 (“To establish a disparate-treatment claim under the plain language of the ADEA . . . a plaintiff must prove that age was the ‘but-for’ cause of the employer’s adverse decision.”).

Mike Mercer v. Davis & Berryman International

834 F.2d 922 · Court of Appeals for the Eleventh Circuit · Dec 21, 1987

Mercer's selection of D & B could thus have constituted new and valuable consideration; it clearly qualified as an "act of the plaintiff from which the defendant derived a pecuniary benefit." Files v. … This testimony alone was sufficient to establish Mercer's reliance on the promise, and although it left the amount of damages in question, as we will discuss later, it also established that Davis' promise caused Mercer to

United States v. Jirard Kincherlow

88 F.4th 897 · Court of Appeals for the Eleventh Circuit · Dec 13, 2023

Therefore, “offering or agreeing to pay money in exchange for engaging in various sex acts qualifies as inducement within the meaning of” § 2422(b). … Kincherlow therefore had sufficient notice that he could be convicted for having engaged in any one of those acts and enough time to prepare his defense ac- cordingly. 6 And, in any event, our precedent clearly

Edward T. Jeszka v. NTSB

392 F. App'x 779 · Court of Appeals for the Eleventh Circuit · Aug 16, 2010

Sanders’ testimony clearly supports the Board’s determination that the FAA established the falsification charge. … The Board’s conclusion that the FAA established a violation of § 61.59(a) was not arbitrary and capricious.

Solomon v. Liberty County Comrs.

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

We do not find that the district court clearly erred in rendering its finding on Senate Factor 5. … 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

Richard Hunstein v. Preferred Collection and Management Services, Inc.

994 F.3d 1341 · Court of Appeals for the Eleventh Circuit · Apr 21, 2021

“Factual allegations that establish a risk that is substantial, significant, or poses a realistic danger will clear this bar[.]” Id. at 933. … Even assuming that § 1692c(b) does not clearly enough express Congress’s judgment that injuries of the sort that Hunstein alleges are actionable, here Congress went further to “explain itself.” Huff, 923 F.3d at 466.

United States v. Michael Cole

Court of Appeals for the Eleventh Circuit · May 7, 2024

Thus, as in Diaz-Calderone, the district court’s finding was “not clearly erroneous” because the court had “a sufficient basis” to USCA11 Case: 21-10733 Document: 43-1 Date Filed: 05/07/2024 Page: 10 … plea col- loquy established that he “‘repeatedly hit and struck’ his victim, leaving visible ‘injuries’”).

Jackie Jamal Hines v. Shayla Edwards

Court of Appeals for the Eleventh Circuit · Feb 15, 2018

immunity. … The district court correctly dismissed Hines’s complaint against Deputy Hughes based on qualified immunity.

BellSouth Advertising & Publishing Corp. v. Donnelley Information Publishing, Inc.

999 F.2d 1436 · Court of Appeals for the Eleventh Circuit · Sep 2, 1993

The parties have stipulated that the directory, which is a typical yellow pages directory, qualifies for compilation copyright protection. Thus, we are called upon to apply Feist Publications, Inc. v. Rural Tel. Serv. … Whatever original authorship is represented by these types of presentation choices was clearly not copied by Donnelley.

United States v. Robert L. Ignasiak, Jr.

Court of Appeals for the Eleventh Circuit · Jan 19, 2012

Minyard was qualified as an expert, there is no evidence that she observed the autopsies in question. Therefore, Dr. … And in that case, as in this one, should the truth ever come to light, the government could again point to its own ignorance and claim immunity from Brady error.

United States v. Tatum

138 F.3d 1344 · Court of Appeals for the Eleventh Circuit · Apr 13, 1998

Although Tee-Time 2 was clearly a related party, Gene Tatum did not disclose his arrangement with Tee-Time when he signed the above-mentioned form. … They argue that the evidence established no loss at all suffered by the FDIC. They also argue that there was no intended loss.

Smith v. Commissioner of Social Security

422 F. App'x 855 · Court of Appeals for the Eleventh Circuit · Apr 11, 2011

At step two of the sequential analysis, the claimant bears the burden of proving that she has a severe impairment or combination of impairments to demonstrate a qualifying disability. See Moore v. … Further, the ALJ’s determination was clearly articulated and supported by substantial evidence.

United States v. Castleberry

Court of Appeals for the Eleventh Circuit · Jun 23, 1997

The grand jury indictment clearly states "beginning on a date which is unknown to the Grand Jury, but which occurred on or before January 1, 1988...." R1-1 (emphasis added). … As we have previously stated: Before admitting a coconspirator's statement over an objection that the statement does not qualify under Rule 801(d)(2)(E), a district court must be satisfied that the party offering

Church Of Scientology Flag Service Org., Inc. v. City Of Clearwater

2 F.3d 1514 · Court of Appeals for the Eleventh Circuit · Sep 30, 1993

Nevertheless, the Establishment Clause requirement that a statute must have a "clearly secular" purpose, over which any sectarian motivation does not "predominate," is consistent with the allocation of proof adopted by the … Tunnell, 937 F.2d 1382, 1385-88 (9th Cir.1991) (discussing prerequisites for discovery concerning subjective intent or motive in a suit against officials who may also be entitled to qualified immunity based on objective considerations

David Leon Williams v. Jefferson County, Alabama, Anne-Marie Adams

482 F. App'x 480 · Court of Appeals for the Eleventh Circuit · Jul 23, 2012

To establish an equal protection violation, a plaintiff must show that the state treated him disparately from other similarly situated persons and that the disparate treatment burdens a fundamental right or is based on … Haralson, 813 F.2d 370, 373 n.3 (11th Cir. 1987) (holding that although “[b]riefs are read liberally to ascertain the issues on appeal[,] . . . issues that clearly are not designated in the appellant’s brief normally are

Chapman v. AI Transport

Court of Appeals for the Eleventh Circuit · Jul 13, 1999

One method a plaintiff can use to establish a prima facie case for an ADEA violation is by showing that he (1) was a member of the protected age group, (2) was subjected to adverse employment action, (3) was qualified to … equally or less qualified than Chapman received the positions.18 "Establishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee."