Case law

Bridgette Frederick v. Sprint/United Mgmt. Co.

Court of Appeals for the Eleventh Circuit · Apr 4, 2001

Frederick attested that she was qualified for the promotion and that it should have been granted automatically; however, Moore denied her request, telling her that she "needed to do more things." … At summary judgment, the only evidence Frederick offered on this point was her own testimony that she was qualified for the Coordinator II position and was denied the promotion.

United States v. Rick A. Kuhlman

711 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Mar 8, 2013

Kuhlman qualified for an 18-level enhancement pursuant to U.S.S.G. § 2B1.1(b)(1)(J) because the loss amount was more than $2,500,000. … The burden of establishing unreasonableness lies with the party challenging the sentence. United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005) (per curiam).

Fredy D. Osorio v. State Farm Bank, F.S.B.

746 F.3d 1242 · Court of Appeals for the Eleventh Circuit · Mar 28, 2014

The acts of the agent, standing alone, are insufficient to establish that the agent is authorized to act for the principal. … As applied to Osorio’s case, the key facts regarding agency are clearly in dispute.

United States v. Tokars

95 F.3d 1520 · Court of Appeals for the Eleventh Circuit · Sep 6, 1996

This court reviews a trial court's determination of the quantity of drugs used to establish a base offense level for sentencing purposes under the clearly erroneous standard. … We conclude that the district court did not clearly err.

Skytruck Company LLC v. Sikorsky Aircraft Corporation

501 F. App'x 879 · Court of Appeals for the Eleventh Circuit · Dec 13, 2012

We also conclude that Skytruck has failed to sufficiently allege a lack of good faith or justification to nullify Defendants’ qualified privilege to interfere. … Estill and others please be advised that Sikorsky Aircraft has no interest in establishing a relationship with Skytruck Company, LLC.

Tefel v. Reno

Court of Appeals for the Eleventh Circuit · Jul 14, 1999

Kurzban, as lead counsel, was particularly qualified to represent the class. … The stop-time rule clearly furthers this purpose by stopping the accrual of time toward the physical-residence requirement at the commencement of removal proceedings.

Lenworth Bailey v. Rocky Mountain Holdings, LLC

889 F.3d 1259 · Court of Appeals for the Eleventh Circuit · May 8, 2018

We assume that State Farm and Bailey elected to use the fee schedule to calculate the coverage of their insurance policy, since the policy must “clearly and unambiguously” contain notice that the insured and insurer have … They do not. 30 We acknowledge that Pireno addresses the second clause of § 1012(b) that deals with antitrust immunity but we “cannot imagine that ‘business of insurance’ could have two different meanings

Matthew Johnson v. Secretary, Florida Department of Corrections

680 F. App'x 869 · Court of Appeals for the Eleventh Circuit · Feb 27, 2017

Rather, his argument is that the state court unreasonably applied clearly established federal law, specifically Strickland v. Washington, 466 U.S. 668 (1984). … Under the “unreasonable application” prong, relief is appropriate only if the state court’s application of clearly established federal law is “objectively unreasonable,” not simply incorrect. Bell v.

In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, II v. William J. Ambrose and Patty A. Ambrose

991 F.2d 672 · Court of Appeals for the Eleventh Circuit · Jun 22, 1993

The bankruptcy court found that the state court judgment established that St. … Absent clearly expressed legislative intent to the contrary, that language is conclusive. See Board of Educ. of Westside Community Sch. v.

Gary Kirwan v. Marriott Corporation, a Delaware Corporation

10 F.3d 784 · Court of Appeals for the Eleventh Circuit · Jan 4, 1994

According to Kirwan’s supervisor, Kirwan had an excellent employment record and was “clearly a capable and dedicated manager”; however, beginning in mid-1988, Kirwan “repeatedly violated company policies, made error in judgment … The district court concluded that Kirwan had failed to present medical evidence establishing that he was disabled on June 23, 1989, and, therefore, that the Administrator’s denial of benefits was not arbitrary and capricious

United States v. Jerome Simmons

Court of Appeals for the Eleventh Circuit · Feb 17, 2021

. § 1201(a), does not qualify as a crime of violence. … The district court clearly erred in finding that the car was used as a dangerous weapon. See Castaneda-Pozo, 877 F.3d at 1251.

Chabad-Lubavitch Of Georgia v. Zell Miller

5 F.3d 1383 · Court of Appeals for the Eleventh Circuit · Oct 18, 1993

In particular, although the State has also spoken in this public forum, appropriate signage would be sufficient to convey clearly to the reasonable observer that this particular speech, like much of the speech in this public … ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

United States v. Garland George Curtis

400 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Aug 11, 2004

Bojan’s cooperation in this case, the government will consider same for a determination of whether he qualifies for substantial assistance, the same as any cooperating defendant. … The district court denied Curtis’ motion for a mistrial, holding that the evidence clearly established that “there is no deal that was made with reference to Bojan’s testimony.”

Mount Sinai Medical Center of Greater Miami, Inc. v. Heidrick & Struggles, Inc.

188 F. App'x 966 · Court of Appeals for the Eleventh Circuit · Jul 12, 2006

H&S therefore clearly represented that the size of Community Hospitals had changed during Perry’s tenure, culminating in its enlargement to a 956 bed hospital. … regardless of their financial performances during his tenures, made him at least facially qualified for the CEO position.

Jackson v. Okaloosa County

21 F.3d 1531 · Court of Appeals for the Eleventh Circuit · Jun 8, 1994

Section 1983 provides for civil actions to prosecute a deprivation of "any rights, privileges, or immunities secured by the Constitution and laws." … Thus, the jurisdiction to consider the claims is already established.

Roy Wilford Minton v. Secretary, DOC

271 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Mar 31, 2008

Because clearly established federal law only includes legal rules determined by the Supreme Court, a state court’s decision cannot be contrary to clearly established federal law if no Supreme Court case addresses the issue … This deference regarding counsel’s performance “adds another layer” to the deference we already owe, in the federal habeas petition context, to a state court’s application of clearly established federal law in denying

Patricia A. Johnson v. Walt Disney Parks and Resorts U.S., Inc.

Court of Appeals for the Eleventh Circuit · Nov 14, 2022

At issue here is whether Johnson made out a prima facie claim by establishing that she was a qualified in- dividual. We agree with the district court that the answer is no. … Co., 739 F.3d 678, 680 (11th Cir. 2014) (noting that issues not clearly raised in the briefs are considered abandoned, even if properly preserved at trial).

Lathem v. Department of Children & Youth Services

172 F.3d 786 · Court of Appeals for the Eleventh Circuit · Apr 14, 1999

Title VII plaintiffs establish a prima facie case when they demonstrate: (1) that the plaintiff belongs to a class protected under Title VII; (2) that the plaintiff was qualified for the job; and (3) that the misconduct for … We may reverse a finding of intentional discrimination only if it is clearly erroneous. See Lincoln v. Board of Regents, 697 F.2d 928, 940 (11th Cir.), cert. denied, 464 U.S. 826 , 104 S.Ct. 97 , 78 L.Ed.2d 102 (1983).

United States v. Latrail Marcellus Jackson, Sr.

Court of Appeals for the Eleventh Circuit · Apr 15, 2020

We will affirm the district court’s decision unless the record clearly establishes that the defendant has accepted responsibility. Id. … Along with this, Jackson has not shown that his partial admission of guilt at trial qualifies him for the reduction.

David Peery v. City of Miami

805 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Nov 10, 2015

This requirement to mediate prior to seeking court enforcement shall not prevent a party from seeking immediate court enforcement if it clearly appears from specific facts shown by aff[i]davit that immediate … The agreement had established a “Start Off Fund” in order to compensate qualified class members. See D.E. 464-1 at 8.