Case law
Opinions from 1658 to today.
9,466 results
1.91s
Britt Green Trucking, Inc. v. FedEx National LTL, Inc.
511 F. App'x 848 · Court of Appeals for the Eleventh Circuit · Feb 28, 2013
“A promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.” Palm Lake Partners II, LLC v. … Since the ELOCs clearly called for written notice to terminate, however, oral communications may not be material to the breach of contract issue according to Florida law.
Cited 4 timesUnpublishedVictor G. Baxter v. Wadie Crawford
233 F. App'x 912 · Court of Appeals for the Eleventh Circuit · May 21, 2007
We also concluded that the information about Baxter’s August 2002 cocaine sales at his residence established the ongoing nature of his criminal enterprise, so that those sales, coupled with Baxter’s October 3rd agreement … Crawford filed a motion to dismiss the complaint on the grounds that the claims were vague and conclusory; he was entitled to qualified immunity; the claims were Heck-barred; and the claims were barred by res judicata because
Cited 5 timesUnpublishedJuan Torres v. First Transit, Inc.
979 F.3d 876 · Court of Appeals for the Eleventh Circuit · Oct 20, 2020
The Court found, however, that the jurors’ silence during voir dire questioning “could only be speculated to be dishonest” because of the question’s qualifier—it asked only about litigation history that “shaped [the juror … By contrast, the second affidavit, referred to as the “Roberts Affidavit,” “clearly involve[d] extrinsic communications that, if properly presented to the district court, 7 The District Court did grant
Cited 4 timesPublished841 F.2d 1567 · Court of Appeals for the Eleventh Circuit · Apr 15, 1988
Appellate review examines whether this determination was “clearly erroneous.” Georgia Southwestern, 765 F.2d at 1033 . … GM argues that the district court erred by requiring that the "policy” be in writing to qualify as an affirmative defense.
Cited 127 timesPublishedUnited States v. Robert L. Ignasiak, Jr.
Court of Appeals for the Eleventh Circuit · Jan 19, 2012
Minyard was qualified as an expert, there is no evidence that she observed the autopsies in question. Therefore, Dr. … And in that case, as in this one, should the truth ever come to light, the government could again point to its own ignorance and claim immunity from Brady error.
Cited 0 timesPublishedDavid Timothy Moore v. Dooly SP Warden
Court of Appeals for the Eleventh Circuit · Sep 12, 2023
Plaintiff claims that this exposure to black mold weakened his immune system and caused him to develop a urinary tract infection, as well as other ailments. … Preliminary injunctive relief is “an ex- traordinary and drastic remedy not to be granted unless the mo- vant clearly establishe[s] the burden of persuasion as to all four el- ements.” Id.
Cited 0 timesUnpublishedEngle Cases 4432 Individual Tobacco v. Various Tobacco Companies
767 F.3d 1082 · Court of Appeals for the Eleventh Circuit · Sep 10, 2014
The named personal representatives . . . bring this claim on behalf of the estate of the decedent and any survivors that qualify under the Florida Wrongful Death Act. Doc. 590-1, at 9. … The court clearly did not find Mr.
Cited 121 timesPublishedJohnny L. Marshall v. Secretary, Florida Department of Corrections
828 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Jul 12, 2016
petitioner overcomes the exhaustion hurdle, under 18 U.S.C. § 2254 (d), we must defer to the state court’s resolution of the prisoner’s habeas claims unless the state court’s decision “ ‘was contrary to’ federal law then clearly … Even assuming that objecting at trial in lieu of filing a written motion to avoid inconvenience qualifies as "strategy,” trial counsel did not, in fact, object at trial to admission of the fruits of the violation of Florida
Cited 239 timesPublishedTampa Bay Water v. HDR Engineering, Inc.
Court of Appeals for the Eleventh Circuit · Sep 23, 2013
As for whether HDR should have been estopped under federal law, the rule for applying either direct or collateral estoppel is well-established. 6 A party asking the court to apply estoppel must establish that “(1) the issue … If established, then “estoppel operates to bar the introduction or argumentation of certain facts necessarily established in a prior proceeding.” United States v.
Cited 0 timesPublishedCourt of Appeals for the Eleventh Circuit · Oct 21, 2020
If the court finds that Riddick’s complaint states a claim of deliberate indifference, it shall also determine whether Riddick’s Eighth Amendment rights were clearly established. See generally St. George v. … Pinellas Cnty., 285 F.3d 1334, 1337 (11th Cir. 2002) (explaining how qualified immunity applies when raised on a motion to dismiss). C.
Cited 0 timesUnpublishedCourt of Appeals for the Eleventh Circuit · Oct 21, 2020
If the court finds that Riddick’s complaint states a claim of deliberate indifference, it shall also determine whether Riddick’s Eighth Amendment rights were clearly established. See generally St. George v. … Pinellas Cnty., 285 F.3d 1334, 1337 (11th Cir. 2002) (explaining how qualified immunity applies when raised on a motion to dismiss). C.
Cited 0 timesUnpublished684 F.2d 769 · Court of Appeals for the Eleventh Circuit · Sep 1, 1982
1981), and as modified by this circuit for application in discharge (as opposed to hiring) cases, is as follows: If plaintiff proves by a preponderance of the evidence that he or she is a member of a protected class, was qualified … Some are announced solely as ultimate findings without support which clearly reflected a choice between conflicting accounts of events or between alternative legal interpretations of those events.
Cited 0 timesPublished556 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Mar 26, 2008
His impeachment of Austin was clearly a two-edged sword for the defense. … Clearly, Austin’s testimony was not the lynchpin of the government’s case. 4.
Cited 0 timesPublishedCourt of Appeals for the Eleventh Circuit · Nov 6, 2025
Here, Diggs contends that his Florida convictions do not qualify as serious drug offenses because Florida’s cocaine definition was broader than the federal definition. … We explained that the defendant had not identified any authority demonstrating that Florida’s cocaine definition was clearly overbroad, and thus, the de- fendant had not met his burden to show plain error
Cited 0 timesUnpublishedUnited States v. Michael Lee Boykins
380 F. App'x 930 · Court of Appeals for the Eleventh Circuit · Jun 1, 2010
We review a district court’s determination of whether a defendant qualifies for a minor role adjustment under the Guidelines only for clear error. United States v. … The defendant bears the burden at all times of establishing his minor role in the offense by a preponderance of the evidence. Id. at 939.
Cited 4 timesUnpublishedSuntrust Bank v. Houghton Mifflin Company
252 F.3d 1165 · Court of Appeals for the Eleventh Circuit · May 25, 2001
Clearly, such a scene is fair game for criticism. … I arrive, however, at a less qualified conclusion on the matter.
Cited 1 timesPublishedUnited States v. Shawn M. Hernandez
488 F. App'x 394 · Court of Appeals for the Eleventh Circuit · Aug 28, 2012
A district court’s finding is clearly erroneous when “the entire record leaves us with the definite and firm conviction that a mistake has been committed.” United States v. … To qualify as a position of trust, it is insufficient that the defendant occupied a position generally trusted by society. See United States v.
Cited 0 timesUnpublishedIshmahil Barrie v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit · Feb 19, 2026
Barrie also asserted that the offenses of his 2014 D.C. convictions did not qualify as aggravated felonies. … The IJ found that Barrie was not entitled to CAT relief because he failed to establish that it was more likely than not that he would be tortured if he was removed to Sierra Leone.
Cited 0 timesPublishedUnited States v. Terrese Colston
Court of Appeals for the Eleventh Circuit · Aug 5, 2020
was established by a preponderance of the evidence). … Accordingly, for the aforementioned reasons, we conclude that the district court was correct that the Florida controlled substance convictions qualified as predicate offenses, did not clearly err when it declined to apply
Cited 0 timesUnpublishedUnited States v. Elias Xavier Rosario Torres
Court of Appeals for the Eleventh Circuit · Aug 19, 2025
Furthermore, even assuming arguendo that the government needed to show that the road markings were properly placed and clearly legible to an ordinary driver, we conclude that the government satisfied … 24-11929 Opinion of the Court 15 placed and clearly visible. 11 And even if the images were not sufficient to establish the proper placement and visibility of the
Cited 0 timesUnpublished
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