Case law

Meeks v. Moore

216 F.3d 951 · Court of Appeals for the Eleventh Circuit · Jun 27, 2000

It clearly appears that defense counsel attempted to make the codefendant the more dominant participant." Id. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to

Thomas v. Carnival Corp.

573 F.3d 1113 · Court of Appeals for the Eleventh Circuit · Jul 1, 2009

Initially the claim clearly had no connection to the New Agreement because Thomas was owed maintenance and cure from the moment of his injury. … At this interlocutory stage it is not established what law the arbitrators will apply to petitioner’s claims or that petitioner will receive diminished protection as a result.

Ronald Thaeter v. Palm Beach Co. Sheriff's Office

449 F.3d 1342 · Court of Appeals for the Eleventh Circuit · May 26, 2006

The actions of Deputy Maxwell, Deputy Thaeter, and Deputy Moran clearly demonstrate a violation of moral character and, certainly, their commitment to keep their private lives unsullied as an example to all. … In the particularized context of government employees exercising their First Amendment rights, the Supreme Court confirmed in Roe that the appropriate analysis is the balancing test established in Pickering v.

United States v. William James Gilchrist

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

The PSI also noted that Gilchrist qualified as a career offender under U.S.S.G. … We review de novo whether the defendant’s prior convic- tion qualifies as a “crime of violence” under the United States Sen- tencing Guidelines. United States v.

Renee S. Phillips v. Jo Anne B. Barnhart

357 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Jan 23, 2004

The Medical Vocational Guidelines (“grids”) provide applicants with an alternate path to qualify for disability benefits when their impairments do not meet the requirements of the listed qualifying impairments. … In any event, the prior precedent rule requires this Court to follow the decision issued first in time that established the appropriate test. Morrison v.

El Hadji Ravane Diop v. U.S. Attorney General

159 F. App'x 103 · Court of Appeals for the Eleventh Circuit · Dec 13, 2005

“[T]o establish the ineffective assistance of counsel in the context of a deportation hearing, an alien must establish that his or her counsel’s performance was deficient to the point that it impinged the ‘fundamental … This exhibit, which the IJ reviewed, clearly stated that the individual Diop had spoken to was a paralegal.

Arman Eritsian v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Feb 3, 2021

The BIA concluded that the IJ did not clearly err in finding that Eritsian had not presented sufficient evidence to establish that he would “more likely than not . . . be tortured if forced to return to Azerbaijan” and … As the immigration judge “clearly considered the expert’s statement regarding general conditions in Azerbaijan” and did not make factual findings that were clearly erroneous in light of

Hand,et al v. Scott,et al

888 F.3d 1206 · Court of Appeals for the Eleventh Circuit · Apr 25, 2018

Nonetheless, after concluding only that the Florida regime posed a risk of discrimination among applicants, the district court enjoined Florida from exercising the authority that § 2 clearly establishes because the district … But the defendants recognize that clemency power is not immune from judicial review and constitutional scrutiny. See Ohio Adult Parole Auth. v.

Caradigm USA LLC v. Pruithealth, Inc.

964 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Jul 10, 2020

And even if the number of users specified in the PowerPoint would have qualified Pruitt for the small platform, there’s no indication that the other two metrics—the number of data feeds and the number of messages, see supra … Importantly for our purposes, though, the parties must “establish” that rate “by written contract.”

Harrell v. Alabama Department of Education

342 F. App'x 434 · Court of Appeals for the Eleventh Circuit · Jun 1, 2009

We have explained, “a plaintiff may not establish that an employer’s proffered reason is pretextual merely by questioning the wisdom of the employer’s reasons.” Combs v. … immunity. 6

Don L. Witt v. Metropolitan Life Insurance Co.

772 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Nov 25, 2014

In light of this context, and absent any evidence of an express declaration to relinquish the benefit of the statute of limitations, Witt failed to establish that MetLife had the requisite intent to waive the statute-of-limitations … Section 2560.503-1 of Title 29 of the Code of Federal Regulations sets out in greater detail the specific steps a plan must take when determining whether an individual qualifies for benefits.

United States v. Pemco Aeroplex, Inc.

166 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Feb 8, 1999

In addition, Pemco argues that the submission of the inventory schedule was merely an offer to purchase the excess wings but did not establish either an obligation to purchase or the specific purchase price. … Indeed, the Eighth Circuit in Q International Courier explicitly noted that the government did not have a contract with Quick, thereby suggesting that a contractual duty would qualify as an “obligation” in its opinion.

United States v. Benjamin Townsel

Court of Appeals for the Eleventh Circuit · Jul 31, 2024

We held that the challenge was foreclosed by Rozier, which “interpreted Heller as limiting the [Second Amend- ment] right to law-abiding and qualified individuals and as clearly excluding felons from … We conclude that Townsel failed to establish plain error.

Phyllene W. Ex Rel. M.W. v. Huntsville City Board of Education

630 F. App'x 917 · Court of Appeals for the Eleventh Circuit · Oct 30, 2015

The Board determined that M.W. qualified for services under the IDEA towards the end of her second-grade year. … We begin by noting that the IDEA creates a presumption in favor of the education placement established by a child’s IEP, and the party attacking its terms bears the burden of showing why the educational setting established

United States v. Isaias Villa, a.k.a. Isaias Villa-Mondragon

696 F. App'x 423 · Court of Appeals for the Eleventh Circuit · Jun 12, 2017

The district court did not clearly err by finding that Villa was a manager of the conspiracy. … Even if Villa had preserved the argument, the denial of his motion would be immune from review.

United States v. Juan Carlos Pereyra Diaz

394 F. App'x 668 · Court of Appeals for the Eleventh Circuit · Aug 30, 2010

The defendant has the burden of establishing his entitlement to the reduction by a preponderance of the evidence. De Varon, 175 F.3d at 939. … The district court, therefore, did not clearly err in finding that Pereyra’s actual conduct was not minor, relative to the conduct for which he was held accountable.

Johnny Gaffney v. Warden, Taylor Correctional Institution

Court of Appeals for the Eleventh Circuit · Jan 3, 2022

A court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the deter- mination, or makes findings of fact that are clearly erroneous. United States v. … Although the district court later substituted Mark Inch, Jones’s successor, as a defendant, it ulti- mately concluded that he was immune from suit due to Eleventh Amendment immunity, as were the other defendants in their

Fred Somers v. United States

Court of Appeals for the Eleventh Circuit · Jan 14, 2020

Under the well-established prior panel precedent rule of this Circuit, the holding of the first panel to address an issue is the law of this Circuit, thereby binding all subsequent panels unless and until the first panel … An intervening Supreme Court decision can only overrule the decision of a prior panel of this Court if it is clearly on point. Id.

Eric Watkins v. Sergeant M. Bigwood

Court of Appeals for the Eleventh Circuit · Dec 11, 2019

The district court determined that Plaintiff had failed to allege facts sufficient to state a claim under the First and Fourth Amendments and that Defendant Officers are entitled to qualified immunity. … Under the circumstances alleged by Plaintiff, Plaintiff’s singing clearly constituted protected speech.

United States v. Trevor Nelson

321 F. App'x 904 · Court of Appeals for the Eleventh Circuit · Mar 25, 2009

Having considered the totality of the record, we find there is clearly sufficient evidence as to Jackson and Jones. … Jackson bears the burden of establishing that he qualifies for the reduction. United States v. Cruz, 106 F.3d 1553, 1557 (11th Cir. 1997).