Case law

O'Reilly v. Ceuleers

912 F.2d 1383 · Court of Appeals for the Eleventh Circuit · Sep 26, 1990

court should have abstained on the question of violation of the plan, and that as to the claim based upon an alleged breach of fiduciary duties, the state superintendent was not an ERISA "fiduciary." 72 The Levy case is clearly … Lewis ... establishes that the Director may not be considered a fiduciary for the purposes of ERISA.

Eusebio Lopez-Sarabia v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jan 4, 2023

Lopez-Sarabia identi- fied Lopez, Jr., then eighteen years old, as his qualifying relative for cancellation of removal purposes. … Despite the clearly deficient notice, Lopez-Sarabia appeared at his removal hearings.

Capital Asset Research Corp. v. Roger Finnegan

216 F.3d 1268 · Court of Appeals for the Eleventh Circuit · Jun 30, 2000

Lauderdale, 810 F.2d 1551, 1555-56 (11th Cir. 1987) (“In order to qualify as a prevailing party under 42 U.S.C. §1988, the plaintiff must be successful on the central issue in the case, exhibited by the fact that the plaintiff … Examining the plaintiff’s assertion of prejudice there, the Engel court acknowledged that the defendant had not sought attorneys’ fees in its pleadings, but noted that the contract was in evidence and clearly provided that

United States v. Fred De La Mata

266 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Sep 27, 2001

As such, an omission of material information as well as an actual misstatement qualifies as a false entry under the statute. See United States v. Jackson, 621 F.2d 216, 219 (5th Cir. 1980). … First, the evidence at trial established that appellants embezzled millions of dollars from RNB.

Richard Hunstein v. Preferred Collection and Management Services, Inc.

17 F.4th 1016 · Court of Appeals for the Eleventh Circuit · Oct 28, 2021

“Factual allegations that establish a risk that is substantial, significant, or poses a realistic danger will clear this bar . . . .” Id. at 933. … Then-Judge Barrett explained that un- wanted telephone calls had long been deemed to qualify for the tort of intrusion upon seclusion. Gadelhak, 950 F.3d at 462.

McKay v. United States

657 F.3d 1176 · Court of Appeals for the Eleventh Circuit · Sep 22, 2011

Archer, 531 F.3d at 1352 ("Here, where the Supreme Court [in Begay] has clearly set forth a new standard to evaluate which crimes constitute Violent felonies’ and 'crimes of violence,’ our prior panel precedent in Gilbert … Under section 2255, [a] prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws

Patricia Johnson v. Acting Commissioner of Social Security

Court of Appeals for the Eleventh Circuit · Mar 3, 2025

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990). … The record need not establish the simultaneous pres- ence of all the required medical criteria. Id. § 1.00C(7)(c).

United States v. Alfred Allen Lee

265 F. App'x 763 · Court of Appeals for the Eleventh Circuit · Feb 13, 2008

A district court’s determination of a fact that supports an enhancement under the Guidelines is a question of fact subject to the clearly erroneous standard. United States v. … Controlling precedent within this circuit establishes that a district court is not required to state the reasons it rejects a plea agreement. See United States v.

Karen E. Keeler v. Florida Department of Health

324 F. App'x 850 · Court of Appeals for the Eleventh Circuit · Apr 27, 2009

R1-18 at 3-4.2 2 The district court found that the Department was entitled to Eleventh Amendment immunity from claims for monetary damages brought under Title I of the ADA and dismissed Keeler’s complaint … In order to establish a prima facie case of employment discrimination under the ADA, a plaintiff must show that: (1) she has a disability; (2) she is a qualified individual; and (3) the employer discriminated against her

Florinda Mejia-Lopez v. U.S. Attorney General

611 F. App'x 612 · Court of Appeals for the Eleventh Circuit · Jun 2, 2015

Att’y Gen., 712 F.3d 517, 530 (11th Cir. 2013) (“A party adequately raises an issue when the party specifically and clearly identified it in its opening brief; otherwise, the claim will be deemed abandoned and its merits … The Supreme Court “ha[s] long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.” Id.

United States v. Kenneth Earl Boggan

550 F. App'x 731 · Court of Appeals for the Eleventh Circuit · Dec 17, 2013

In Rainer, this court had to determine whether statements in the indictments and judgments from 1980 and 1982 convictions established that the defendant had burglarized a “building or structure.” … But, in my view, it is quite another thing to hold that a crime that has been specifically disqualified under those clauses – either because its elements are over inclusive and permit conviction for clearly non-violent

United States v. Christian A. Hansen

262 F.3d 1217 · Court of Appeals for the Eleventh Circuit · Aug 24, 2001

The district judge qualified him as an expert in the field of industrial hygiene.20 Id. at 194. … Because the instructions clearly set forth that a finding of “acted knowingly” was required for a conviction, there was no error in the instruction. 5.

United States v. Joan Estadella

Court of Appeals for the Eleventh Circuit · Feb 20, 2026

The district court’s factual findings at sentencing, however, are reviewed under the clearly erroneous standard. United States v. … At the time he consented to the search, Soriano qualified as a co-occupant with common authority over the West 17th property.

United States v. Victor Garry Baxter

566 F. App'x 830 · Court of Appeals for the Eleventh Circuit · May 16, 2014

appeal in the appellate court, unless the evidence on a subsequent trial was substantially different, controlling authority has since made a contrary decision of the law applicable to such issues, or the decision was clearly … representing the alleged diminution in the value of his truck, is deemed tantamount to a claim for monetary damages, he does not cite a case showing he would have been entitled to recover that amount in any event, as sovereign immunity

Wright v. Everson

543 F.3d 649 · Court of Appeals for the Eleventh Circuit · Sep 24, 2008

Even so, the government argued that under § 7521, the language “any other person permitted to represent the taxpayer before the Internal Revenue Service” does not establish that any person with a written power of attorney … A taxpayer also has the right to suspend an interview if he clearly states to an IRS officer or employee that he “wishes to consult with an attorney, certified public accountant, enrolled agent, enrolled actuary, or any

William Goulbourne v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Oct 18, 2022

But Gordon clearly controls our interpretation of the Georgia CSA. And it cannot be superseded by Goulbourne’s invocation of an unpublished opinion in Jones v. U.S. Att’y Gen., 742 F. App’x 491 (11th Cir. 2018). … Again, Gordon already established that this is the proper analytic method. Gordon, 962 F.3d at 1350. And Goulbourne’s argument also rests on an incorrect understanding of the categori- cal approach.

Greater Birmingham Ministries v. Secretary of State for the State of Alabama

966 F.3d 1202 · Court of Appeals for the Eleventh Circuit · Jul 21, 2020

And, as Judge Jones so clearly stated in her dissent from the Fifth Circuit’s holding in Veasey v. … The record clearly reflects factual disputes as to the true impact of the legislation on Black and Latino voters.

United States v. Carlos Enrique Lehder-Rivas, A/K/A Joe Lehder, United States of America v. Carlos Enrique Lehder-Rivas, A/K/A Joe Lehder, Jack Carlton Reed

955 F.2d 1510 · Court of Appeals for the Eleventh Circuit · Mar 25, 1992

We review the district court's finding of abandonment under the clearly erroneous standard. United States v. Winchester, 916 F.2d 601, 603 (11th Cir.1990). … This total includes eight articles spawned by Lehder's letter to President Bush in which he offered to cooperate in exchange for immunity.

Horn v. United Parcel Services, Inc.

433 F. App'x 788 · Court of Appeals for the Eleventh Circuit · Jul 7, 2011

he 8 was subject to adverse employment action; (3) he was qualified to do the job; and (4) he was replaced by a younger individual. … Bennett, 528 F.3d 823, 829 (11th Cir. 2008) (holding that this Court is “bound by the holdings of earlier panels unless and until they are clearly overruled en banc or by the Supreme Court”).

United States v. Anthony Jerome Billings, Jr.

Court of Appeals for the Eleventh Circuit · Oct 2, 2020

To establish plain error, the defendant must show an error: (1) that is not intentionally relinquished or abandoned, (2) that is plain, and (3) that affected substantial rights. United States v. … Stat. § 784.021 qualifies as a “violent felony” under the ACCA’s elements clause.