Case law

Diaz v. Secretary for the Department of Corrections

313 F. App'x 262 · Court of Appeals for the Eleventh Circuit · Feb 19, 2009

A state court decision is “contrary to” clearly established federal law if either “(1) the state court applied a rule that contradicts the governing law set forth by Supreme Court case law, or (2) when faced with materially … An “unreasonable application” of clearly established federal law may occur if the state court “identifies the correct legal rule from Supreme Court case law but unreasonably applies that rule to the facts of the petitioner

LEAF v. EPA

Court of Appeals for the Eleventh Circuit · Aug 7, 1997

See id. at 602-03; cf. id. at 602 & n. 47 (collecting cases in which the court "scrutinized regulations immune from direct review by reviewing the denial of a subsequent rulemaking petition which challenged the regulations … The first step in the Chevron framework requires that we ascertain whether Congress clearly expressed its intent in the statute.

Emery Ellinger, III v. United States

470 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Nov 28, 2006

A at 2, “conclusively established” that the transfers at issue were to be viewed as debts by the companies. R1-15 at 2. … Indeed, “the terms of the closing agreements state quite clearly what the matters agreed upon are.” See Marathon Oil, 42 Fed. Cl. at 275.

United States v. Edward Shane Smallwood

641 F. App'x 911 · Court of Appeals for the Eleventh Circuit · Jan 28, 2016

Moreover, in reviewing the district court’s decision, we must consider that “[t]he burden of establishing evidence of the facts necessary to support a sentencing enhancement falls on the 4 In addition … But, we conclude that they are not clearly erroneous in light of the information in Smallwood’s Shepard documents. 5  Case: 14-15096 Date Filed: 01/28/2016

United States v. Jerry Smith

199 F. App'x 759 · Court of Appeals for the Eleventh Circuit · Sep 15, 2006

As Smith qualified as an armed career criminal under 18 U.S.C. § 924(e), however, his offense level was increased to 33 pursuant to U.S.S.G. § 4B1.4(b)(3). … “The question of voluntariness is one of fact to be determined from the totality of the circumstances, and the trial court’s voluntariness determination must not be reversed unless clearly erroneous.”

The Lane Construction Corporation v. Skanska USA Civil Southeast, Inc.

Court of Appeals for the Eleventh Circuit · Apr 15, 2026

While this excerpt, at best, might embody a gener- alized intent to limit fiduciary duties to those “established in” the JVA, it clearly does not limit the duty of loyalty in the manner con- templated … And facts after a bench trial “must not be set aside unless clearly erroneous.” Fed. R. Civ. P. 52(a)(6).

Hayes-Leger Associates, Inc., D/B/A Mainly Baskets v. M/v Oriental Knight

765 F.2d 1076 · Court of Appeals for the Eleventh Circuit · Jul 16, 1985

Under the Carriage of Goods by Sea Act ..., the plaintiff establishes a prima facie case by proving the carrier received the cargo in good condition but unloaded it in a damaged condition at its destination____ A clean bill … Hayes-Leger contends that the district court’s finding must be upheld unless "clearly erroneous," see Fed.R.Civ.P. 52(a), while the defendants argue for plenary review.

O'Connor v. PCA Family Health Plan

200 F.3d 1349 · Court of Appeals for the Eleventh Circuit · Jan 18, 2000

The record testimony surrounding this issue is ambiguous at best, so we are unable to conclude the district court clearly erred in finding this fact. … Sara Lee Corp., 118 F.3d 1151, 1157 (7th Cir. 1997) (holding an employer may terminate an employee on FMLA leave as part of a RIF), because United States Department of Labor regulation qualifies the right.

Richard M. Villarreal v. R.J. Reynolds Tobacco Company

806 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Nov 30, 2015

female employee was falsely told that her job was not being renewed due to limited funds, after which she discovered (once the time to file with the EEOC had passed) that her position had actually been filled by a less qualified … In fact, rather than setting forth a plausible claim for equitable tolling, the amended complaint conclusively establishes that tolling is not appropriate.

Waseem Daker v. Timothy Ward

999 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Jun 7, 2021

filed Oct. 4, 2017) (concluding for the first time on appeal that Daker “clearly qualified as a three-strikes litigant” based on five appeals dismissed as frivolous). … And that is enough to establish imminent danger of serious injury. See Andrews v.

Jack E. Alderman v. William Terry

468 F.3d 775 · Court of Appeals for the Eleventh Circuit · Oct 30, 2006

Ct. 2052, 80 L.Ed.2d 674 (1984), establishes the test that governs claims of ineffective assistance of counsel, i.e., the “clearly established Federal law” relevant to this case under 28 U.S.C. § 2254(d). … He contends that the record clearly establishes that his attorneys did not make a strategic or tactical decision to forego presenting life-history mitigation evidence, but instead misunderstood the law regarding mitigation

United States v. Jones

125 F.3d 1418 · Court of Appeals for the Eleventh Circuit · Oct 29, 1997

This court vacated the district court's judgment because it concluded that some of its findings were clearly erroneous. The matter was remanded for reconsideration in light of this court's opinion. United States v. … Judge Jones published the list of qualified voters certified by the Board.

United States v. Roberto Garza-Mendez

735 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Nov 15, 2013

Unlike the Majority, I believe a proper application of our precedent requires the District Court to defer to the clarification order issued by the Gwinnett County State Court, which clearly states that Mr. … F.3d 185, 189 (11th Cir. 1994) (“Our system of federalism does not envision federal sentencing courts sitting as open-door review boards at the beck and call of defendants who have failed to avail themselves of well- established

Jack Carlton House v. Charles Balkcom, Warden, Georgia State Prison

725 F.2d 608 · Court of Appeals for the Eleventh Circuit · Feb 13, 1984

The state of Dorothy Atkins’s trial expertise is clearly shown by the fact that, in the process of interviewing her husband about the bruises he witnessed on House’s body, he had to coach her from the stand. 5 Even though … Their state of preparation qualified them only as spectators.

Clara Mann Judisch v. United States

755 F.2d 823 · Court of Appeals for the Eleventh Circuit · Mar 20, 1985

Moreover, Judisch claimed as business expenses, items, such as cable television, the home telephone, and the home newspaper, that could not qualify as business expense. … Inexplicably, the government decided not to establish the information Judisch’s clients provided her to enable her to prepare the tax returns under scrutiny.

United States v. Patrick D. Turner

684 F. App'x 816 · Court of Appeals for the Eleventh Circuit · Apr 5, 2017

The magistrate judge’s choice to credit the officers’ testimony where it conflicted with Daniels’s testimony was not clearly erroneous. 8  Case: 16-11836 … Turner contends that a state crime must have a mens rea element in order to qualify as such a serious drug offense.

Charles J. Piazza, Jr. v. EBSCO Industries, Inc.

273 F.3d 1341 · Court of Appeals for the Eleventh Circuit · Nov 30, 2001

“Adequacy of representation” means that the class representative has common interests with unnamed class members and will vigorously prosecute the interests of the class through qualified counsel. … Clearly, the EBSCO Defendants assert, the requirements of Rule 23(b)(1) are met, since “inconsistent or varying adjudications with respect to individual members of the class” on this claim would “establish incompatible

Trust Company Bank v. Mgm/Ua Entertainment Company

772 F.2d 740 · Court of Appeals for the Eleventh Circuit · Sep 27, 1985

Selznick, President of SIP, did not believe SIP had acquired such rights in the 1936 agreement. 36 To establish a genuine issue of fact, appellant points to: (1) certain provisions in the 1936 agreement; (2) a letter by John … Sherman qualified such responses by stating that this was his understanding "now" of the language of the 1961 Agreement. He never stated that this was his understanding at the time the contract was entered into. Mr.

Carlos Emilio Nassar-Arellan v. U.S. Attorney General

638 F. App'x 892 · Court of Appeals for the Eleventh Circuit · Jan 15, 2016

It held that the IJ’s adverse credibility finding was not clearly erroneous and determined that Arellan had not otherwise established his claim for asylum or withholding of removal. … To qualify for asylum, an applicant must establish that he is a refugee. See 8 U.S.C. § 1158(b)(1).

Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta v. The Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, The Ecumenical Order

Court of Appeals for the Eleventh Circuit · Oct 15, 2015

We disagree that the district court clearly erred by discounting the email from Quigley. … The District Court Did Not Clearly Err in Weighing the Quigley Email. The district court did not clearly err when it considered Quigley’s email.