Case law
Opinions from 1658 to today.
9,466 results
1.02s
Palmer Ranch Holdings LTD v. Commissioner of Internal Revenue
Court of Appeals for the Eleventh Circuit · Feb 5, 2016
The Tax Court Did Not Clearly Err in its Reading of B-10’s Rezoning History. … If there is too high a chance that the property will not achieve the proposed use in the near future, then the use is too risky to qualify.
Cited 0 timesPublished815 F.3d 689 · Court of Appeals for the Eleventh Circuit · Jan 28, 2016
established Supreme Court law. … Indeed, "[a] circuit court may ... look to circuit precedent to ascertain whether it has already held that the particular point in issue is clearly established by Supreme Court precedent.
Cited 3 timesPublishedText from a scanUnited States v. Jose Manuel Gomez-Gomez
Court of Appeals for the Eleventh Circuit · Jul 15, 2022
Gomez-Gomez has failed to show the district court clearly erred in finding he was not entitled to a minor role adjustment. … Accordingly, Gomez-Gomez fails to carry his burden to demonstrate that the district court clearly erred by finding Gomez-Gomez did not qualify for a role reduction.
Cited 0 timesUnpublished573 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.
Abrogated on other grounds by Lindo v. NCL (Bahamas), Ltd., 652 F.3d 1257 (2011)Cited 62 timesPublishedJohn Hardwick,Jr. v. Secretary, FL DOC
Court of Appeals for the Eleventh Circuit · Sep 18, 2015
Federal law” as clearly established by Supreme Court holdings, § 2254(d)(1); “involved an unreasonable application” of such law, id.; or “was based on an unreasonable determination of the facts” in light of the record … On the record before us, we cannot say that this factual finding is clearly erroneous.
Cited 0 timesPublished516 F. App'x 813 · Court of Appeals for the Eleventh Circuit · Apr 10, 2013
The government bears the burden of proof for establishing that a sentencing enhancement, such as a career offender classification, is proper. United States v. Young, 527 F.3d 1274, 1277 (11th Cir. 2008) (per curiam). … Based on the evidence introduced at the sentencing hearing, the district court did not clearly err in finding by a preponderance of the evidence that the 2000 cocaine sale was part of the same course of conduct or done
Cited 0 timesUnpublishedSchiavo ex rel. Schindler v. Schiavo
404 F.3d 1270 · Court of Appeals for the Eleventh Circuit · Mar 30, 2005
Schiavo and that have been compounded by the resulting passionate inter-family struggle and media focus certainly qualify as “hard facts.” … Clearly, application of that doctrine should have been made in this case, the effect of which would have been to decline to exercise any jurisdiction that we or the district court did have under the ADA, the Civil Rights
Cited 8 timesPublishedLarry L. Powers v. Alabama Department Of Education
854 F.2d 1285 · Court of Appeals for the Eleventh Circuit · Sep 14, 1988
The Allegation of Disparate Treatment 11 Whenever a plaintiff proceeds upon a theory of disparate treatment, he or she must establish by a preponderance of the evidence that the employer acted with discriminatory intent. … We cannot say that this finding was clearly erroneous.
Cited 0 timesPublishedCourt of Appeals for the Eleventh Circuit · Aug 1, 2025
First, we establish that Rule 9(b)’s particularly requirement applies to FDUTPA claims that sound in fraud. … But we decline to provide that guidance here because, as discussed below, Pop’s allegations clearly sound in fraud.
Cited 0 timesPublishedJerome Julius Weeks v. United States
Court of Appeals for the Eleventh Circuit · May 1, 2018
To obtain relief based on Johnson, “a movant must establish that his sentence enhancement turned on the validity of the residual clause.” … Because “the evidence does not clearly explain what happened . . . the party with the burden[, Weeks,] loses.” Id. at 1225 (quoting Romine v. Head, 253 F.3d 1349, 1357 (11th Cir. 2001)).
Cited 0 timesUnpublishedNura Washington Bey v. City of Tampa Code Enforcement
607 F. App'x 892 · Court of Appeals for the Eleventh Circuit · Apr 8, 2015
immunity. 9 Case: 14-14334 Date Filed: 04/08/2015 Page: 10 of 15 the City of Tampa. … Washington’s complaint established that she is the owner of the property at 2113 North Freemont Avenue and that the property is within the City of Tampa.
Cited 13 timesUnpublished161 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Dec 3, 1998
Fadel was not permitting her to admit patients in sufficient numbers to allow her to qualify for certification as quickly as she would have liked. This violated Dr. … The department then discussed the matter privately, and voted against subsidizing the establishment of a separate practice for Dr. Johnson. 3 Later that day, Dr. Fadel terminated Dr.
Cited 0 timesPublishedMoises Garcia-Mir v. William French Smith
766 F.2d 1478 · Court of Appeals for the Eleventh Circuit · Jul 11, 1985
Under the Attorney General’s Status Review Plan, a detainee is to be released on parole to a qualified sponsor if the review board determines that: (1) the detainee is presently a nonviolent person; (2) the detainee is likely … And some decision by the Secretary is clearly required by the statute.
Cited 162 timesPublished922 F.2d 1515 · Court of Appeals for the Eleventh Circuit · Feb 1, 1991
discharge is generally established by a plaintiff proving "(1) that he is a member of a protected minority, (2) that he was qualified for the job from which he was discharged, (3) that he was discharged, and (4) that his … The Supreme Court unanimously stated: 78 Despite Title VII's range and its design as a comprehensive solution for the problem of invidious discrimination in employment, the aggrieved individual clearly is not deprived of
Cited 0 timesPublishedUnited 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.
Cited 0 timesUnpublishedEmily Vincent v. ATI Holdings LLC
Court of Appeals for the Eleventh Circuit · Sep 24, 2025
, (2) that she was subjected to an adverse employment action, (3) that she was qualified to perform the job in question,” Lewis v. … Third, Vincent must establish causation.
Cited 0 timesPublishedUnited 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.
Cited 0 timesUnpublishedRuby Green v. Howard Finkelstein
73 F.4th 1258 · Court of Appeals for the Eleventh Circuit · Jul 17, 2023
The content of several of her statements—that the office’s hiring practices were racially discriminatory, for example—were clearly newsworthy. … Scott, 610 F.3d 701, 714 (11th Cir. 2010) (reasoning that running against a sitting district at- torney would qualify as a “good legal reason to discharge” a public employee “due to the state’s interest
Cited 6 timesPublished492 F.3d 1219 · Court of Appeals for the Eleventh Circuit · Nov 1, 2006
Specifically, he asserts linking the possession of a firearm to a generic “crime of violence” does not establish the crime had a “substantial effect on interstate commerce.” … We explained: Section 3E1.1 requires a downward adjustment “[i]f the defendant clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3E1.1(a).
Cited 2 timesUnpublishedJennifer Cromartie v. Julie Tutwiler Prison for Women
Court of Appeals for the Eleventh Circuit · Mar 30, 2022
; (4) all of the defendants were entitled to absolute and qualified immunity; and, (5) Cromartie failed to comply with Civil Rules 8(a)(2) and 10(b). … complaint would supersede any earlier complaints, she USCA11 Case: 20-14174 Date Filed: 03/30/2022 Page: 6 of 10 6 Opinion of the Court 20-14174 “should clearly
Cited 0 timesUnpublished
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