Case law

Charter Federal Savings And Loan Association v. Office Of Thrift Supervision

912 F.2d 1569 · Court of Appeals for the Eleventh Circuit · Oct 2, 1990

Established in 1954, Charter Federal is headquartered in West Point, Georgia. … Sec. 563b.3(a) (1989) ("The provisions of this subpart shall govern conversions undertaken pursuant to any other subpart of this part unless clearly inapplicable.").

Womack v. Commissioner of IRS

510 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Dec 19, 2007

. § 1221 (“Section 1221"), under the judicially established substitute for ordinary income doctrine. We affirm. I. … As the Supreme Court has stated, “it is evident that not everything which can be called property in the ordinary sense and which is outside the statutory exclusions qualifies as a capital asset.”

Janet Dixon v. Public Health Trust of Dade County

567 F. App'x 822 · Court of Appeals for the Eleventh Circuit · May 29, 2014

The second letter, dated September 27, 2011, starts by noting that Dixon’s FMLA leave “has been ‘Qualified’ from 9/25/11 through 3/24/12.” … Article 7 establishes an arbitration procedure in the event that the grievance procedure is unsuccessful.

Ocheesee Creamery LLC v. Adam H. Putnam

851 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Mar 20, 2017

Stat. § 502.012(13) (defining “milk products” to include skim milk); id. § 502.012(10) (defining “imitation milk and milk products” as expressly excluding items that qualify as “milk products”); id. § 502.165(3) (authorizing … As to the first prong, the State and the Creamery agree the State has a substantial interest in combating deception and in establishing nutritional standards for milk.

United States v. Justin Case Lebarron

Court of Appeals for the Eleventh Circuit · Jun 8, 2026

Each enhancement now includes either a mandatory minimum of twenty years or, with a defendant’s qualifying prior conviction, a mandatory minimum of life imprisonment. Id. … Dubois, 139 F.4th 887, 892 (11th Cir. 2025) (“An intervening Supreme Court decision abrogates our precedent only if the intervening decision is both ‘clearly on point’ and ‘clearly contrary to’

Ashley C. Scott v. United States of America, Treasury Department, Internal Revenue Service

Court of Appeals for the Eleventh Circuit · Mar 29, 2024

And the regulations clearly state that a partial qualified offer still “must resolve all of the issues for the tax years covered by the offer.” Treas. Reg. § 301.7430-7(c)(3). … § 7430(c)(4)(B)(i) (“A party shall not be treated as the prevailing party . . . if the United States establishes that the position of the United States in the proceeding was substantially justified

United States v. Julian Ortuna-Herrera

397 F. App'x 535 · Court of Appeals for the Eleventh Circuit · Sep 22, 2010

Nor did the district court clearly err in imposing a dangerous weapon enhancement. … On this record, Ortuna-Herrera has failed to establish that his total sentence of 292 months is procedurally unreasonable.

United States v. Bryant L. Cochran

682 F. App'x 828 · Court of Appeals for the Eleventh Circuit · Mar 17, 2017

However, although the Fourth Amendment is clearly implicated, we cannot conclude that either the Supreme Court or this Court has clearly established law that would have constituted “fair warning” to Cochran that his actions … This balancing act—as we have previously noted—is a case-by-case process which does not lend itself to clearly established law. See Dartland v. Metro.

United States v. Topaz Craig Darden

186 F. App'x 887 · Court of Appeals for the Eleventh Circuit · Jun 26, 2006

Statements as to fault would not ordinarily qualify under this latter language. … United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.” Id.

United States v. Omar Josue Morales-Rodriguez

Court of Appeals for the Eleventh Circuit · Apr 22, 2025

He argues that the district court clearly erred when it determined that he qualified for an aggravating-role enhancement under U.S.S.G. § 3B1.1(b). … When a defendant challenges one of the factual bases of his sentence, the government has the burden of establishing the dis- puted fact by a preponderance of the evidence. United States v.

United States v. Alexander Michael Roy

Court of Appeals for the Eleventh Circuit · Aug 5, 2014

Instead of being “substantially similar” to this case, as the majority believes, the facts in Green are clearly distinguishable. … and irrefutably the record establishes that there was no prejudice.

Borg-Warner Acceptance Corporation, a Delaware Corporation v. Lovett & Tharpe, Inc., a Georgia Corporation

786 F.2d 1055 · Court of Appeals for the Eleventh Circuit · Apr 14, 1986

As this court has recognized previously, in resolving constitutional problems of personal jurisdiction, “as elsewhere, important constitutional questions prove themselves immune to solution by checklist, and each case must … In contrast, the defendant in Metal Service Center was clearly "availing] itself of the privilege of conducting activities” in Missouri and could have "reasonably anticipate[d] being haled into court there.”

TEC SERV, LLC v. Michael Alan Crabb

622 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Aug 11, 2015

But the court highlighted that TEC Serv had failed to establish damages. … Accordingly, the district court should have analyzed whether the Toscanos qualified as prevailing parties separate and apart from whether TEC Serv qualified as a prevailing party. 4 Unlike TEC Serv, who won on some

Capone v. Aetna Life Insurance

592 F.3d 1189 · Court of Appeals for the Eleventh Circuit · Jan 5, 2010

However, it makes no difference because we hold that under the facts of this case, it appears Capone would qualify under either reading. D. … Capone established that several other individuals were diving from the dock in a contemporaneous fashion.

Anthony Collins v. United States

481 F. App'x 525 · Court of Appeals for the Eleventh Circuit · Jul 10, 2012

The defendant carries the burden of clearly demonstrating his acceptance of responsibility, and must present more than just a guilty plea. Wade, 458 F.3d at 1279. … In considering whether a defendant qualifies for a reduction for accepting responsibility, the district court may consider the timeliness of the defendant’s manifestation of acceptance of responsibility.

Michel A. Padilla v. Administrator, Federal Aviation Administration

662 F. App'x 743 · Court of Appeals for the Eleventh Circuit · Oct 20, 2016

The FAA Administrator issues “airman certificates” to qualified individuals, which are akin to driver’s licenses for pilots. 49 U.S.C. § 44703(a). … Coast Guard, 788 F.2d 705, 709 n.5 (11th Cir. 1986) (“The [agency’s] guideline clearly was intended to confer a procedural benefit and therefore, under the American Farm Lines framework, no inquiry into substantial prejudice

James R. Pesci v. Tim Budz

730 F.3d 1291 · Court of Appeals for the Eleventh Circuit · Sep 23, 2013

We add that the November 2010 policy, as a factual matter, was clearly placed before the district court. … In rejecting these challenges, the Court was “unpersuaded by Hendricks’ argument that Kansas has established criminal proceedings.” Id. at 361.

James T. Williams v. Fred P. Wright, Jr., Individually and as Liquidating Trustee of Wright Pest Control Co. Of South Carolina, Inc.

927 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Apr 11, 1991

An employer’s decision to establish a plan is entirely voluntary, but once a plan is established, Congress wanted to “mak[e] sure that if a worker has been promised a defined pension benefit upon retirement— and if he has … Finally, a number of opinion letters issued by the Department of Labor confirm that a plan that otherwise qualifies for ERISA coverage will not be excluded because it covers only a single employee.

Nautilus Insurance Company v. Captain Pip's Holdings, LLC

Court of Appeals for the Eleventh Circuit · Jul 29, 2025

“in- sureds” under the policies. 4 Helmers stipulated with Nautilus that he does not qualify as an insured. … In fact, allowing a declaratory action by an insurer to establish nonliability under casualty USCA11 Case: 24-12440 Document: 44-1 Date Filed: 07/29/2025 Page: 7 of 11 24-12440

Endurance American Specialty Insurance Company v. L. Pellinen Construction, Inc.

Court of Appeals for the Eleventh Circuit · Nov 12, 2021

Florida law, the doctrine of judicial estoppel applies where (1) a party that success- fully maintained a claim or position in a previous judicial proceed- ing (2) attempts to make a completely inconsistent claim or take a clearly … The district court did not err in finding that the Mattamy defendants qualified as additional insureds under the commercial general liability insurance policy issued by Endurance to Pellinen, and that the Workers’ Compensation