Case law

Meagher v. Dugger

861 F.2d 1242 · Court of Appeals for the Eleventh Circuit · Dec 19, 1988

In that case the Florida Supreme Court affirmed the circuit court's denial of Scott's motion for postconviction relief because he used the qualifying language that the allegations and statements contained in the motion were … In deference to Meagher's pro se status, his efforts to comply with this facet of the Rule were adequate. 21 In summary, we hold that the facts of this case establish sufficient cause and prejudice under the test of Wainwright

Andrews v. United States

Court of Appeals for the Eleventh Circuit · Sep 17, 1997

DISCUSSION The FTCA is a limited waiver of the United States' sovereign immunity. Powers, 996 F.2d at 1124. … Pettibone Corp., 843 F.2d 464 (11th Cir.1988) ("safety decisions represent an exercise of discretion giving rise to governmental immunity").

United States v. Leopold Frade and Joe Morris Doss

709 F.2d 1387 · Court of Appeals for the Eleventh Circuit · Jul 18, 1983

of future emergencies in a manner which will clearly define the powers of the President and provide for regular congressional review. … provisions of the IEEPA and National Emergencies Act, would vitiate and render nugatory the entire carefully structured statutory scheme, a result which Congress clearly could not have intended.

United States v. Jamaal A. Hameen

Court of Appeals for the Eleventh Circuit · Sep 18, 2023

To overrule a prior decision, the Supreme Court or en banc decision must be clearly on point. Id. … F.3d 1270, 1273 (11th Cir. 2001) (holding that “the jurisdic- tional element of the statute, i.e., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes

Commodores Entertainment Corporation v. Thomas McClary

879 F.3d 1114 · Court of Appeals for the Eleventh Circuit · Jan 9, 2018

While it is well established that a qualified expert in a civil case may offer his opinion on an “ultimate issue” in a case, Fed. R. … As the district court clearly said, McClary “could either perform under a different band name without causing any confusion, or, to uphold his notoriety as a Commodore, he could make fair use of the Marks.”

Rosa H. Prince v. Commissioner, Social Security Administration

551 F. App'x 967 · Court of Appeals for the Eleventh Circuit · Jan 2, 2014

Finally, once a claimant establishes that he cannot perform his past relevant work due to some severe impairment, the burden shifts to the Commissioner to show that significant numbers of jobs exist in the national economy … “A clearly articulated credibility finding with substantial supporting evidence in the record will not be disturbed by a reviewing court.” Foote v.

Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama

83 F.4th 922 · Court of Appeals for the Eleventh Circuit · Oct 2, 2023

The Su- preme Court recently clarified these two principles: A government policy will not qualify as neutral if it is “specifically directed at . . . religious practice.” . . . … While it is still uncertain at this stage whether the City’s planning decision is a substantial burden on TMAA’s rights, it clearly is a bur- den.

M.S. Koly v. Elizabeth L. Enney

269 F. App'x 861 · Court of Appeals for the Eleventh Circuit · Mar 7, 2008

However, Georgia law provides a well-established “exception to the broad definition of publication.” Kurtz v. Williams, 371 S.E.2d 878, 880 (Ga. Ct. App. 1988). … The memorandum sent by Enney clearly qualifies as an intracorporate communication. Enney is the Regional Vice Chairman of the Rebel Region for the Club.

Marlon B. Slater v. United States

175 F. App'x 300 · Court of Appeals for the Eleventh Circuit · Apr 10, 2006

“It is well established that the FTCA is a specific waiver of the sovereign 8 immunity of the United States and must be strictly construed.” Phillips v. … “The FTCA establishes that as a prerequisite to maintaining a suit against the United States, a plaintiff must present notice of the claim to the appropriate federal agency.” Brown v.

Philip Anthony Bonadonna v. Unknown

181 F. App'x 819 · Court of Appeals for the Eleventh Circuit · May 18, 2006

BACKGROUND On 4 April 1985, Bonadonna was haled before a grand jury where he refused to answer the grand jury’s questions, even after the government offered immunity from prosecution. … Corp., 184 F.3d 1300, 1317 n.17 (11th Cir. 1999) (“Issues that are not clearly outlined in an appellant’s initial brief are deemed abandoned.”). 2 offer of immunity.

Lola Mendez-De Vasquez v. U.S. Atty. Gen.

345 F. App'x 441 · Court of Appeals for the Eleventh Circuit · Sep 8, 2009

That political opinion is evidenced by Yessina’s criticism of the Maras as well as her and Heidy’s refusal to join the Maras, which the Petitioners assert “was clearly an expression of an anti-crime opinion.” … As the Petitioners cannot satisfy the social visibility requirement, they do not qualify as a particular social group within the meaning of the INA.

Marnika Lewis v. Governor of Alabama

944 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Dec 13, 2019

The Attorney General clearly instructed Birmingham businesses that they need not comply with the Ordinance even though it would require an immediate increase in wages. … This is especially true given that the Alabama Code clearly identifies the Attorney General as an authority on the constitutionality of state laws.

Edward Eugene Barber v. Thomas J. Krepp

680 F. App'x 819 · Court of Appeals for the Eleventh Circuit · Feb 22, 2017

While simply recounting past injuries is not sufficient to establish an “imminent danger of physical injury” under § 1915(g), a prisoner can establish it by recounting recent injuries that reveal an “ongoing pattern of … He alleges that three of those incidents were severe enough to qualify as attempts on his life.

Dream Defenders v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit · Jan 10, 2023

To determine what qualifies as a riot under § 870.01(2), we look to the “actual text of the statute,” Boos v. … What qualifies as a “violent public disturbance”?

John/Jane Doe v. Jeb Bush

261 F.3d 1037 · Court of Appeals for the Eleventh Circuit · Aug 14, 2001

As a result, certain individuals who would qualify for ICF/DD placement may instead elect to remain in their homes. … Accordingly, the defendants have since lowered the qualifying score to 3, which covers 91% of the people residing in ICF’s.

United States v. Daniel Jean Charles

599 F. App'x 935 · Court of Appeals for the Eleventh Circuit · Apr 17, 2015

The defendant “bears the burden at all times of establishing her role in the offense by a preponderance of the evidence.” Id. … Here, the district court did not clearly err in denying a minor-role adjustment.

Dunkin' Donuts of America, Inc., a Foreign Corporation, Cross-Appellee v. Minerva, Inc., a Florida Corp., Rosebud, Inc., a Florida Corp., Katherine Apostoleres, an Individual, Cross-Appellants. Dunkin' Donuts of America, Inc., a Foreign Corporation v. Minerva, Inc., a Florida Corporation, Rosebud, Inc., a Florida Corporation, Katherine Apostoleres, an Individual, Dunkin' Donuts of America, Inc., a Foreign Corporation v. Minerva, Inc., a Florida Corporation, Rosebud, Inc., a Florida Corporation, Katherine Apostoleres, an Individual

956 F.2d 1566 · Court of Appeals for the Eleventh Circuit · Apr 8, 1992

Apostoleres made no such reservation. 32 The Northern Helex court also recognized "a special set of qualifying facts." 455 F.2d at 551 . … The magistrate judge reasoned that the language after the semicolon simply qualifies and expands on the preceding clause in accord with general rules of grammatical construction.

Anamaria Penaloza v. Target Corporation

Court of Appeals for the Eleventh Circuit · Oct 31, 2013

First, the plaintiff must establish a prima facie case by showing that (1) she belongs to a protected class; (2) she was qualified to do the job; (3) she was subjected to an adverse employment action; and (4) her employer … Nevertheless, judicial discrimination claims are only allowed if they “amplify, clarify or more clearly focus” the allegations in the EEOC complaint; “allegations of new acts of discrimination are inappropriate.”

Harris v. Garner

190 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Sep 30, 1999

Second, as we have already discussed, the legislative history of the PLRA clearly shows that its purpose is to substantially reduce the number of prisoner lawsuits. See supra, at 16 - 20. … In light of today’s decision, whenever Congress enacts a statute that qualifies the right of a person to “bring” or “commence” or “institute” an action under federal law, district courts in the Eleventh Circuit will have

United States v. Trinity Rolando Cabezas-Montano

949 F.3d 567 · Court of Appeals for the Eleventh Circuit · Jan 30, 2020

Here, based on the totality of the circumstances, the district court did not clearly err in denying the defendants’ request for a minor-role reduction. … “To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating, and compelled.” Hiibel v. Sixth Judicial Dist. Court of Nevada, Humboldt Cty., 542 U.S. 177, 189 (2004).