Case law

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. .

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.

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Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 621 (1983), superseded by statute on other grounds, Foreign Sovereign Immunities Act, Pub.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.

Bayshore Ford Trucks Sales, Inc. v. Ford Motor Co.

471 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Dec 11, 2006

The granting of class certification under Rule 23 authorizes a district court to exercise personal jurisdiction over unnamed class members who otherwise might be immune to the court’s power.26 Here, the district court refused … Clearly, the plaintiffs’ simultaneous participation in multiple suits did not so affect the district court’s ability to manage the case before it as to warrant an injunction.

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

Gary v. Hall

558 F.3d 1229 · Court of Appeals for the Eleventh Circuit · Feb 12, 2009

Fayette County, Ga., 451 F.3d 777, 785 (11th Cir. 2006) (“Under the established law of this Circuit, ‘issues that clearly are not designated in the initial 34 On August 21, 2002, the district court … Unless the Georgia courts’ resolution of a constitutional claim is “contrary to, or involved an unreasonable application of, clearly established federal law,” as determined by the Supreme Court of the United States, or

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.

United States v. Necodaine Jean Louis

137 F. App'x 329 · Court of Appeals for the Eleventh Circuit · Jun 30, 2005

§ 3B1.2; and (2) that he qualified for a downward departure because his criminal conduct was a single act of aberrant behavior under U.S.S.G. § 5K2.20. … The PSI’s Second Addendum and the sentencing transcript indicate that Jean Louis clearly stated his mitigating-role objection and provided a brief factual basis for it.

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.”

Greater Orlando Aviation Authority v. Federal Aviation Administration

939 F.2d 954 · Court of Appeals for the Eleventh Circuit · Aug 23, 1991

The FAA's determination fell under § 77.19(c)(1), which states that the construction or alteration does not qualify as an obstruction. . … Clearly, April 8 is nearly a month after the FAA received notice of the proposed radio towers. .

George Ruhlen v. Holiday Haven Homeowners, Inc.

Court of Appeals for the Eleventh Circuit · Mar 9, 2022

Moreover, it is well established that district courts may address questions of subject mat- ter jurisdiction sua sponte. … An order denying a mo- tion to remand would obviously not qualify as a “final decision” and would therefore ordinarily be unappealable. 28 U.S.C. § 1291.

Edward Dell v. United States

Court of Appeals for the Eleventh Circuit · Feb 27, 2013

Moreover, Jenkins qualified for the safety valve of U.S.S.G. § 5C1.2 and thus was not subject to the ten-year mandatory minimum sentence that applied to Dell. … Although the sentencing judge clearly told us that he felt it would be just to give Mr.

United States v. Joaquin Gomes

279 F. App'x 861 · Court of Appeals for the Eleventh Circuit · May 29, 2008

Barnes, and Gomes requested voir dire to establish her expertise, which the government granted. … She had been qualified as an expert in child sexual and physical abuse cases and had appeared as an expert in 105 cases.

United States v. Daisy Louise Thomas

521 F. App'x 878 · Court of Appeals for the Eleventh Circuit · Jun 10, 2013

Ct. 1769, 1776 (2007) (holding that, for purposes of summary judgment in the qualified immunity context, a plaintiff’s factual narrative need not be accepted if contradicted by credible, unchallenged video evidence)). … Defense counsel’s strategy clearly was to undermine the credibility of Levatte and Harris, the Government’s key cooperating witnesses.

United States v. Maria Vega-Barvo

729 F.2d 1341 · Court of Appeals for the Eleventh Circuit · Apr 16, 1984

City of Prichard, 661 F.2d 1206 (11th Cir.1981), together with Eleventh Circuit cases, establish a hierarchy of intrusiveness of searches. … The use of narcotic-detecting dogs to search luggage has been held by the Supreme Court not to even qualify as a search for Fourth Amendment purposes on similar grounds. United States v.

Marie Henry v. The Florida Bar

Court of Appeals for the Eleventh Circuit · Jul 14, 2017

Furthermore, we previously held that the Florida Bar Rules establish that officials acting in disciplinary proceedings are agents of the Florida Supreme Court; thus, they are entitled to absolute immunity. Carroll v. … An intervening decision of the Supreme Court can overrule the decision of a prior panel, but the Supreme Court decision must be clearly on point. Archer, 531 F.3d at 1352.

United States v. Kynard

427 F. App'x 755 · Court of Appeals for the Eleventh Circuit · May 24, 2011

Kynard also admitted to inflating the income of friends in exchange for $25 so that they could qualify for an Emerald Advance debit card. … The district court clearly erred in its finding regarding Kynard’s amount of loss.

Carson v. Commissioner of Social Security Administration

300 F. App'x 741 · Court of Appeals for the Eleventh Circuit · Nov 21, 2008

established that he was disabled because he could not work eight hours per day performing light or sedentary work. … Social Security regulations establish a five-step evaluation process, used to determine disability for DIB claims, that “place[s] a very heavy burden on the claimant to demonstrate both a qualifying disability and an inability

Suzanne Kirkpatrick Dorothy D. Casler and Charles H. Lindsey, on Behalf of Themselves and All Others Similarly Situated v. J.C. Bradford & Co., Glenn T. Sanders on Behalf of Himself and All Others Similarly Situated, and Leslie D. Sanders v. Robinson Humphrey/american Express, Inc., and Shearson/american Express, Inc., Tommy E. Parker, as Custodian for Kimberly M. Parker and James L. Smith, on Behalf of Themselves and All Others Similarly Situated v. Paine Webber Group, Inc.

827 F.2d 718 · Court of Appeals for the Eleventh Circuit · Oct 21, 1987

Contrary to the court's conclusions, these claims involve common issues that clearly overwhelm the individual issues that may be present. … Even where these two requirements are satisfied, however, named plaintiffs might not qualify as adequate class representatives because they do not possess the personal characteristics and integrity necessary to fulfill the

Bobby Shed v. University of South Florida Board of Trustees

Court of Appeals for the Eleventh Circuit · May 30, 2025

We have previously held that “[t]he right to be free from retaliation is clearly established as a [F]irst [A]mend- ment right and as a statutory right under Title VII; but no clearly established right … Munkin retaliated against him in viola- tion of the Equal Protection Clause is not cognizable because “no clearly established right exists under the equal protection clause to be free from retaliation