Case law

Opinions from 1658 to today.

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  • 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.

    Cited 149 timesPublished
  • Gary Devaney, D/B/A Devaney Logging Company v. Continental American Insurance Company Daniel M. Speer, D/B/A Speer Holt Insurance, Tom E. Ellis

    989 F.2d 1154 · Court of Appeals for the Eleventh Circuit · May 5, 1993

    Rule 37 subsections (a) and (b) permit the court to impose sanctions upon a party or its attorney or both and establish no preference between these options. … Rule 37 makes no presumptions of fault and we reject Ellis’ suggestion that an attorney is immune from Rule 37 sanctions unless his client or opponent proves otherwise.

    Cited 89 timesPublished
  • 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.

    Cited 347 timesPublished
  • RJ's International Trading, LLC v. Crown Castle South, LLC

    98 F.4th 1330 · Court of Appeals for the Eleventh Circuit · Apr 15, 2024

    Corp., 460 U.S. 1, 24–25 (1983) (“The Arbitration Act establishes that, as a matter of federal law, any doubts con- cerning the scope of arbitrable issues should be resolved in favor of arbitration, … Second, the court noted that Caulk’s holding was based on “the language of that particular deed, not upon whether such an interest qualifies as one that could run with the land.” Id.

    Cited 0 timesPublished
  • United States v. David Grigsby, Doris Grigsby

    111 F.3d 806 · Court of Appeals for the Eleventh Circuit · May 2, 1997

    Additionally, the evidence does not establish clearly that the Grigsbys had formulated a commercial purpose at that point in time. … Both Tim and Kathy Rye were granted governmental immunity. 5 .

    Cited 72 timesPublished
  • United States v. Tony Jay Saunders

    196 F. App'x 873 · Court of Appeals for the Eleventh Circuit · Sep 27, 2006

    The admissibility of Rule 404(b) evidence is governed by the following test: First, the evidence must be relevant to an issue other than the defendant’s character; Second, the act must be established by … drugs in his vehicle in an attempt to avoid prosecution given that McNesky took Hayes into custody on April 6, after Hayes 7 sold drugs to a CI, and McNesky offered Hayes immunity

    Cited 1 timesUnpublished
  • 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).

    Cited 2 timesPublished
  • Compulife Software Inc. v. Moses Newman

    959 F.3d 1288 · Court of Appeals for the Eleventh Circuit · May 20, 2020

    Otherwise, there would be no substance to trade-secret protections for “compilations,” which the law clearly provides. See Fla. … The language from NAAIP’s website on which Compulife now focuses likely doesn’t qualify as false advertising under the statute because it has no capacity to deceive and wasn’t material to any purchasing decision.

    Cited 68 timesPublished
  • Shannon Dawn Perches v. Sheridan Construction Company

    Court of Appeals for the Eleventh Circuit · Jun 20, 2025

    Her opening brief does not clearly present any argument concerning the ADA, the exhaustion requirement, or any disability-based theory. … Courts apply a multi- factor analysis—drawn from common-law agency principles and economic realities—to determine whether a plaintiff qualifies as an employee. See Garcia v.

    Cited 0 timesUnpublished
  • 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

    Cited 3 timesUnpublished
  • 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.

    Cited 5 timesPublished
  • Steven Shaw v. United States

    Court of Appeals for the Eleventh Circuit · Feb 20, 2018

    ’s Recreational Property Act because Shaw could not establish that his injuries resulted from a “willful or malicious failure to guard or warn against a dangerous condition.” … There are two exceptions to immunity, one of which is relevant: property owners are not immune from liability for injuries resulting from “willful or malicious failure to guard or warn against a dangerous condition.”

    Cited 0 timesUnpublished
  • Alan Horowitch v. Diamond Aircraft Industries, Inc.

    Court of Appeals for the Eleventh Circuit · Jul 7, 2011

    We certify these questions because we are unable to find definitive answers in clearly established Florida law as set forth in case law or statutes. … Gardens by the Sea South Condominium Assoc., 424 So. 2d 181, 184 (Fla. 4th DCA 1983) (awarding attorney’s fees to a prevailing defendant even though the transaction did not qualify as a “consumer transaction” and the FDUTPA

    Cited 0 timesPublished
  • Elliott Gelber v. AKAL Security, Inc.

    Court of Appeals for the Eleventh Circuit · Sep 30, 2021

    And as we have explained, our caselaw had not clearly settled either the allocation of burdens or the standard for judging the compensability of meal breaks. … But he failed to demonstrate that these limitations qualified as “real limitations”—that is, that these limitations inured to Akal’s benefit.

    Cited 0 timesPublished
  • David Freeman v. Commissioner, Alabama Department of Corrections.

    46 F.4th 1193 · Court of Appeals for the Eleventh Circuit · Aug 24, 2022

    Again, to determine whether Freeman is entitled to habeas relief, we must determine “(1) whether the [state court] decisions were ‘contrary to, or involved an unreasonable application of, clearly established Federal law, … I agree with the majority opinion that this decision was neither contrary to nor an unreasonable application of clearly established law under the Antiterrorism and Effective Death Pen- alty Act of 1996.

    Cited 30 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • Charter Federal Savings & Loan Ass'n v. Office of Thrift Supervision

    912 F.2d 1569 · Court of Appeals for the Eleventh Circuit · Oct 2, 1990

    This greater infusion of capital would clearly benefit Charter Federal, its members and the FSLIC. … Therefore, the issue of whether the insiders qualify to acquire control of an association is moot. Accordingly, we decline to address this issue. AFFIRMED. .

    Cited 5 timesPublished
  • United Transportation Union v. Lewis

    699 F.2d 1109 · Court of Appeals for the Eleventh Circuit · Mar 11, 1983

    It stated: 24 [T]he legislation will improve the FRA’s ability to act in an emergency, deploy its resources more effectively, and recruit qualified inspectors. … Dangerous conditions or practices involving rolling stock are clearly a proper object of the exercise of the Secretary’s emergency powers.

    Cited 2 timesPublished
  • Piambino v. Bailey

    757 F.2d 1112 · Court of Appeals for the Eleventh Circuit · Mar 18, 1985

    That judgment required Bestline to make periodic restitution payments into a fund (the "California Fund"), established by the judgment, for distribution to Bestline's California distributors. David R. … power. 134 Fourth, the first $500,000 deposited in the registry of the district court pursuant to this mandate shall be set aside as a Fed.R.Civ.P. 65(c) bond, against which bond Sylva may claim damages, in behalf of those qualified

    Cited 84 timesPublished
  • Robert Freedman v. MajicJack Vocaltec Ltd.

    963 F.3d 1125 · Court of Appeals for the Eleventh Circuit · Jun 25, 2020

    Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 621 (1983), superseded by statute on other grounds, Foreign Sovereign Immunities Act, Pub. L. … After all, the law of the state or place where a company is incorporated establishes the requirements that a shareholder must meet before bringing either a direct or derivative claim against a corporation.

    Cited 11 timesPublished

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