Case law

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.

Fanin v. United States Department of Veterans Affairs

572 F.3d 868 · Court of Appeals for the Eleventh Circuit · Jun 17, 2009

Shortly thereafter, it established a public hotline to answer veterans’ inquiries about the status of their personal information. … Admittedly, the Fifth and Tenth Circuits have stated that mental injury alone can qualify as “actual damages.” See Johnson, 700 F.2d at 972–74; Parks v. IRS, 618 F.2d 677, 682–83 (10th Cir. 1980).

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.

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.

Rollen Jackson v. State of Alabama State Tenure

405 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Apr 14, 2005

Exceptions to this doctrine apply when substantially different evidence is produced, when there has been a change in controlling authority, or when the prior decision was clearly erroneous and would result in manifest … Dep’t of Law Enforcement, 868 F.2d 397, 401 (11th Cir. 1989) (“[T]o qualify for the protection of the [anti-discrimination] statute, the manner in which an employee expresses her opposition to an allegedly discriminatory

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).

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. Lopez-Garcia

565 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Apr 21, 2009

Lopez-Garcia says that his prior firearms offense under Georgia law does not qualify as a “firearms offense” within the meaning of U.S.S.G. § 2L1.2. … Unfortunately, Lopez-Garcia never clearly explains what more he believes is required under § 924(c). He notes that under the Supreme Court’s decision in Bailey v.

Self v. Great Lakes Dredge & Dock Co.

832 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Dec 1, 1987

Between 12:10 and 12:12, the time having not been exactly established, the bow of the Robert Watt Miller struck the Alaska. … We agree with the Fifth Circuit that the adoption of the federal rules did not modify the substantive burdens and presumptions long established in federal admiralty law. See James v.

Amanda Kondrat'yev v. City of Pensacola, Florida

903 F.3d 1169 · Court of Appeals for the Eleventh Circuit · Sep 7, 2018

Rather, the Court stressed—using broad terms that apply every bit as clearly here as they did there—Marsh stands for the proposition that “the Establishment Clause must be interpreted ‘by reference to historical practices … Pretty clearly and strongly, it seems to me.

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

Stuckey v. Northern Propane Gas Co.

874 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Jun 13, 1989

The term "qualified agency" means any individual, firm, corporation or company which either in person or through a representative is engaged in and is responsible for (a) the installation or replacement of gas piping or ( … It corrected the verdict by assessing the full amount of damages against all parties, explaining: 37 The verdict therefore established the guilt of all the defendants and the total damages they caused the plaintiff by their

Wouters v. Martin County, Florida

9 F.3d 924 · Court of Appeals for the Eleventh Circuit · Dec 21, 1993

Simultaneously, defendant argues that plaintiffs spend all their time providing emergency medical rescue services, and this work qualifies as law enforcement and fire protection activity under section 7(k) of the FLSA. … Such a defense, if established, shall be a bar to the action or proceeding....

Noriega v. Pastrana

564 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Apr 8, 2009

Accordingly, the plain language of § 5 of the MCA, which is clearly supported by its legislative history, precludes Noriega’s Geneva Convention claims. … Article 119 further qualifies that “[p]risoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of

KH Outdoor, LLC v. Fulton County, Georgia

587 F. App'x 608 · Court of Appeals for the Eleventh Circuit · Oct 1, 2014

But the court held the defendant had qualified immunity. So the Eleventh Circuit affirmed the judgment for the defendant on the merits, without deciding whether the defendant would have made the same decision anyway. … The ability to award damages or injunctive relief if the plaintiff wins establishes redressability. And the appropriate evidentiary hearing is a jury trial.

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. Daniel Prewett

340 F. App'x 639 · Court of Appeals for the Eleventh Circuit · Aug 11, 2009

Defendants who are more than a minimal participant but less than a minor participant qualify for a three-level reduction. U.S.S.G. § 3B1.2. … Accordingly, the district court did not clearly err in declining to grant a mitigating role reduction. Therefore, we affirm the convictions and sentences.

United States v. Charles Thomas O'Neil

436 F. App'x 960 · Court of Appeals for the Eleventh Circuit · Aug 5, 2011

That O’Neil had a prior felony drug conviction and that his instant conviction qualified as a “second or subsequent” felony drug offense under section 962(b) is undisputed. … The government bears the burden of establishing a disputed drug amount by a preponderance of the evidence. United States v. Rodriguez, 398 F.3d 1291, 1296 (11th Cir. 2005).

United States v. Nelson Elicier Millan

593 F. App'x 946 · Court of Appeals for the Eleventh Circuit · Dec 9, 2014

A finding of fact is clearly erroneous when, upon review of the evidence, we are left with a definite and firm conviction that a mistake has been made. Id. at 1195. … An offense can qualify as “another felony offense” even if no conviction was obtained with regard to that offense. Id. at cmt. n.14(C).

Palmer Ranch Holdings Ltd v. Commissioner of Internal Revenue Service

812 F.3d 982 · Court of Appeals for the Eleventh Circuit · Feb 5, 2016

The Experts’ Take in Tax Court In tax court, both Palmer Ranch and the IRS relied on experts to establish the before value of B-10. … If there is too high a chance that the property will not achieve the proposed use in the near future, then the use is too risky to qualify.