Case law

Brown-Marx Associates, Ltd. And Gary E. Smith v. Emigrant Savings Bank and Prudential Savings Bank

703 F.2d 1361 · Court of Appeals for the Eleventh Circuit · May 2, 1983

Also Mulcahy’s statements themselves do not clearly speak an intent to waive. … Brown-Marx maintains that when it arrived in New York on the abortive closing day it was prepared to accept the floor loan if it could not qualify for the ceiling loan.

United States Trustee Region 21 v. Bast Amron LLP

22 F.4th 1291 · Court of Appeals for the Eleventh Circuit · Jan 14, 2022

We reject Bast Amron’s several arguments that some negative inference should be drawn to overcome this clearly expressed intention. … There was an established practice of equal fees in all dis- tricts.

United States v. Larry Andrews

Court of Appeals for the Eleventh Circuit · Dec 9, 2021

App’x 526 (11th Cir. 2020), established that the district court erred by enhancing his sen- tence for possessing a dangerous weapon, U.S.S.G. § 2D1.1(b)(1). … P. 35; and he did not qualify for a reduc- tion of his sentence, see 18 U.S.C. § 3582.

Daniel Siebert v. Donal Campbell

334 F.3d 1018 · Court of Appeals for the Eleventh Circuit · Jun 23, 2003

For reasons discussed infra, we believe the limitations period established by Ala. R. Crim. … Sykes, 433 U.S. 72 (1977), only rules that are “firmly established and regularly followed” qualify as adequate state grounds for precluding substan tive review of feder al claims. Edwards v.

Alabama State Conference of the NAACP v. Attorney General, State of Alabama

Court of Appeals for the Eleventh Circuit · Dec 15, 2025

Those who qualify to vote absentee, in general, must follow several steps to apply to do so. … Established in 1969 during the Civil Rights Movement, the organization primarily serves Birmingham and Jefferson Coun- ties.

United States v. De La Cruz Suarez

601 F.3d 1202 · Court of Appeals for the Eleventh Circuit · Mar 31, 2010

For a factual finding to be clearly erroneous, we “must be left with a definite and firm conviction that a mistake has been committed.” … This qualified as a substantial risk of serious injury or death to the Cuban migrants under § 2L1.1(b)(6).

United States v. Michael Garrett Chavous

522 F. App'x 799 · Court of Appeals for the Eleventh Circuit · Jul 1, 2013

The § 3B1.1 commentary further states that “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.” U.S.S.G. § 3B1.1, comment. (n.4). … See id. 6  Case: 12-16269 Date Filed: 07/01/2013 Page: 7 of 8 A defendant has the burden of establishing his eligibility for “safety-valve” relief

Barry Richardson v. Dougherty County, GA

Court of Appeals for the Eleventh Circuit · May 3, 2006

Although Richardson alleged that he was denied a promotion, for which he was qualified, and the successful candidate for the promotion was outside of his protected class, that evidence was not enough to establish a prima … Richardson failed to present evidence that the selected candidate was equally or less qualified for the job. Id. at 1089.

J.B. Parker v. Harry K. Singletary, Secretary, Florida Department of Corrections

974 F.2d 1562 · Court of Appeals for the Eleventh Circuit · Oct 6, 1992

Regardless of whether Parker’s Sixth Amendment right to counsel had attached at the time of the statement, 41 Parker’s *1571 repeated requests for counsel established his Miranda-¥ii\h Amendment right to counsel. 42 However … Clearly, there was sufficient evidence to support Parker’s conviction under a felony murder theory, even without Parker’s original statement.

Andrea Gogel v. Kia Motors Manufacturing of Georgia, Inc.

904 F.3d 1226 · Court of Appeals for the Eleventh Circuit · Sep 24, 2018

Gogel established a prima facie case of discrimination as it relates to her termination. … Those complaints might have qualified as protected opposition, but Gogel was not subjected to any adverse action on account of them.

Pedro Eliezer Garcia-Puac v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Sep 11, 2023

Although Garcia Puac’s testimony established previous discrimina- tion, the record is clear that he never faced physical harm. … To qualify for CAT relief, an applicant must establish that “it is more likely than not that he or she would be tortured,” with the consent or acquiescence of a person acting in an official capacity, if USCA11

United States v. Alejandro Rengifo Valentierra

365 F. App'x 1000 · Court of Appeals for the Eleventh Circuit · Feb 19, 2010

I.Minor role reduction A district court's determination of whether a defendant qualifies for a minor role adjustment under the Guidelines is a finding of fact that we review only for clear error. … The proponent of the downward adjustment bears the burden at all times of establishing his minor role in the offense by a preponderance of the evidence. Id. at 939.

Local Unions 20, 26, 34, 89, 92, 124, 135, 142, 159, 279, 299, 377, 406, 428, 486, 543, 571, 580, 614, 637, 836, 908 v. Brada Miller Freight System

702 F.2d 890 · Court of Appeals for the Eleventh Circuit · Apr 11, 1983

creditors, and shareholders, the protection of which provides the stimulus for the bankruptcy laws, for this Court to conclude that the collective bargaining agreement was meant to hold a stranglehold position, totally immune … If a debtor-in-possession is unable to meet the test for the rejection of a collective bargaining agreement (see discussion infra), it would clearly be inequitable to allow the debtor-in-possession to violate with impunity

Fred Templeton v. Bessemer Water Service

154 F. App'x 759 · Court of Appeals for the Eleventh Circuit · Nov 14, 2005

Pretext, however, may not be established simply by showing that the plaintiff is marginally more qualified than other candidates. Cofield v. Goldkist, Inc., 267 F.3d 1264, 1268 (11th Cir. 2001). … Bessemer argues that race clearly did not play any 12 role, because it hired a white person for another job.

Tony Bruce v. Secretary,Florida Department of Corrections

450 F. App'x 812 · Court of Appeals for the Eleventh Circuit · Dec 7, 2011

Because it was not an unreasonable application of clearly established federal law for the Florida courts to conclude that Bruce failed to establish that his attorney acted deficiently, we affirm. … A petitioner is entitled to a writ of habeas corpus if the state court reached a decision that was “contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254(d)(1).

United States v. Jon Christopher Stoune

694 F. App'x 688 · Court of Appeals for the Eleventh Circuit · May 31, 2017

Stoune argues that Sergeant Gazdick’s testimony was inadmissible because Sergeant Gazdick was not qualified as an expert, so he was allowed to merely speculate on the topic. … Here, the district court did not clearly abuse its discretion by permitting Sergeant Gazdick to testify as a layperson.

KH Outdoor, LLC v. Trussville, City of

458 F.3d 1261 · Court of Appeals for the Eleventh Circuit · Aug 4, 2006

City of Clearwater, 985 F.2d 1565, 1571 (11th Cir. 1993) (“Where the statute governs both commercial and noncommercial speech, however, a litigant with a commercial speech interest may nonetheless qualify by virtue of … As for the third requirement for injunctive relief, the threatened injury to the plaintiff clearly outweighs whatever damage the injunction may cause the city.

Jack Howard Potts, Cross-Appellant v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee

734 F.2d 526 · Court of Appeals for the Eleventh Circuit · May 29, 1984

Thus, the petitioner must establish that the prosecutor's allegedly improper remarks were sufficiently prejudicial to render his trial fundamentally unfair. Darden v. … Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1967), that jurors with such feelings and inclinations are qualified to serve if they are willing to abide the law and find the facts without bias.

31 soc.sec.rep.ser. 313, unempl.ins.rep. Cch 15742a Doris Myers v. Louis W. Sullivan, Secretary of the Department of Health and Human Services of the United States, Carolyn L. Grimes v. Louis W. Sullivan, in His Official Capacity as the Secretary of the Department of Health and Human Services of the United States, Althea D. Parker v. Louis W. Sullivan, as U.S. Secretary of Health and Human Services, Mary Cohen v. Louis W. Sullivan, Secretary of Health and Human Services

916 F.2d 659 · Court of Appeals for the Eleventh Circuit · Nov 6, 1990

J.H.T., Inc., 872 F.2d 373 (11th Cir.1989). 32 Second, assuming the fee application was timely filed, the claimant must qualify as a "prevailing party." … Social Security claimants have reasonably relied upon well-established law prior to Finkelstein.

United States v. Wright

117 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Jul 24, 1997

He also offered the testimony of a firearms expert to establish that the maehineguns and pipe bombs were the type of weapons used by contemporary militias. … The fact that the drafters qualified “well regulated militia” by reference to state security suggests to us that they intended this term to refer only to governmental militias that are actively maintained and used for the