Case law

Bellsouth Advertising & Publishing Corporation v. Donnelley Information Publishing, Inc.

999 F.2d 1436 · Court of Appeals for the Eleventh Circuit · Sep 2, 1993

Whatever original authorship is represented by these types of presentation choices was clearly not copied by Donnelley. … As a replacement for the established rules concerning summary judgment, the majority's reliance on its original fact-finding in a visual comparison of pages from the published directories, establishes a new and absurd rule

Alliant Tax Credit Fund XVI, LTD. v. Thomasville Community Housing, LLC

713 F. App'x 821 · Court of Appeals for the Eleventh Circuit · Oct 12, 2017

The court noted that the affidavit did not clearly address the Alliant plaintiffs’ citizenships on the date the suit was filed, simply asserted that various members were citizens of certain states without elaboration, and … Those conditions must be shown “by the testimony of the custodian or another qualified witness.” Id. 803(6)(D).

Chester Smith v. GTE Corporation

Court of Appeals for the Eleventh Circuit · Jan 4, 2001

But a clearly established common law basis for awarding attorney’s fees may also justify including a reasonable estimate of requested attorney’s fees in determining the amount in controversy. See Ross v. … Ct. at 2847 (emphasis in original) (“‘[A] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action.’”)

United States v. Fabio Ochoa-Vasquez, A.K.A. Julio, A.K.A. Pepe, United States of America v. Juan Nicholas Bergonzoli, Fabio Ochoa-Vasquez, Interested Party-Appellant

428 F.3d 1015 · Court of Appeals for the Eleventh Circuit · Oct 20, 2005

Thus, we held that the press and public's qualified First Amendment right to access criminal proceedings extends to the proceedings' docket sheets. … Here, Ochoa's statistical analysis clearly creates an inference of discrimination.

United States v. Kevin McCall

Court of Appeals for the Eleventh Circuit · Oct 27, 2023

Still, the court explained that “this is clearly an evolving area of the law,” and determined that the good faith exception to the exclusionary rule applied. … There is a “sound presumption that the [judge] is more qualified than the police of- ficer to make a probable cause determination.” Malley v.

United States v. Frank Excel Marley, III

621 F. App'x 936 · Court of Appeals for the Eleventh Circuit · Jun 9, 2015

The court’s factual findings were not clearly erroneous. … According, the district court’s $996,605 loss calculation was not clearly erroneous.

Stephen Lampf v. . Gladiolus Surgery Center, LLC

Court of Appeals for the Eleventh Circuit · Oct 1, 2025

Filed: 10/01/2025 Page: 6 of 9 6 Opinion of the Court 24-14206 unless the district court applied an erroneous legal standard or based its ruling on “clearly … Although a voluntary dismissal can qualify as a bona fide USCA11 Case: 24-14206 Document: 45-1 Date Filed: 10/01/2025 Page: 7 of 9 24-14206 Opinion of the Court

Tello v. Dean Witter Reynolds, Inc.

410 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Jun 1, 2005

138 L.Ed.2d 481 (1997) (recognizing from Landgraf that statutory language such as, “ ‘[This Act] shall apply • to all proceedings pending on or commenced after the date of enactment of this Act,’ ” “might possibly have qualified … Congress clearly was cognizant that the former, shorter statute of limitations was insufficient for plaintiffs to acquire necessary documentation in complex securities fraud cases.

Jurldine A. Donaldson v. Paul v. Clark

819 F.2d 1551 · Court of Appeals for the Eleventh Circuit · Jun 24, 1987

The reasonable inquiry standard of Rule 11 does not preclude plaintiffs from establishing the merits of claims through discovery. … Dykes, 743 F.2d at 1501 -1502 2 The en banc court did hold that the judge who was sued in Dykes was absolutely immune.

United States v. Melvyn Ernest Redhead

366 F. App'x 989 · Court of Appeals for the Eleventh Circuit · Feb 25, 2010

A defendant qualifies as a career offender if: (1) he was at least 18 years old at the commission of the offense of conviction; (2) the offense of conviction is a felony crime of violence or a controlled substance offense … When a defendant challenges a fact in the PSI, the government must establish the disputed fact by a preponderance of the evidence. United States v. Lawrence, 47 F.3d 1559, 1566 (11th Cir. 1995).

Reshard v. Britt

819 F.2d 1573 · Court of Appeals for the Eleventh Circuit · Jun 26, 1987

The Court, however, reasoned that if prejudice was a prerequisite to reversal, then disqualification orders were not sufficiently separate from the merits of the case to qualify for interlocutory appeal. … The capacity of plaintiffs to sue in this action could not be more clearly stated.

United States v. Rodney Lamar Nelson

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

waive those rights in the agreement he negotiated with the Government unless his sentence exceeded the statutory maximum or was the result of an upward variance from the recommended guidelines range established … As evidenced by the transcript of Defendant’s plea hear- ing, the district court clearly explained to Defendant the terms of the waiver and its implications, and Defendant assured the court several

Kobleur v. Group Hospitalization And Medical Services, Inc.

954 F.2d 705 · Court of Appeals for the Eleventh Circuit · Feb 28, 1992

The FEHBA gives OPM the authority to administer the program by contracting with qualified private carriers to offer a variety of health care plans, 5 U.S.C. § 8902 , by distributing information on the available plans to eligible … Thus, "the establishment of administrative review was for the benefit of the claimant, not for insurance companies to preclude a claimant's judicial recourse." Id. at 1216 .

United States v. Kenneth Everette Robinson, Jr.

704 F. App'x 857 · Court of Appeals for the Eleventh Circuit · Aug 22, 2017

. § 893.13, which were used to enhance his sentence, do not qualify as “serious drug offenses.” … Scott, 263 F.3d 1270, 1273 (11th Cir. 2001) (per curiam) (holding that “the jurisdictional element of the statute, i.e., the requirement that the felon possess in or affecting commerce, any firearm or ammunition, immunizes

Pablo Guevara v. NCL (Bahamas) Ltd.

Court of Appeals for the Eleventh Circuit · Apr 1, 2019

Zollo’s opinions, arguing that (1) he was not qualified to offer opinions on the construction of seaworthy vessels or human factors; (2) he did not use a sufficiently reliable methodology; (3) his opinions were based on … Nothing in our precedent establishes such a rule. We have held that a cruise ship operator’s affirmative act of warning of a risk is sufficient to establish that it had notice of a danger. See, e.g., Sorrels v.

United States v. Carlos Gonzalez

485 F.3d 1291 · Court of Appeals for the Eleventh Circuit · May 11, 2007

Therefore, signing the Medicare Provider applications would qualify as a knowing misrepresentation under 18 U.S.C. § 1347. … That case held simply that the district court did not clearly err in finding that the intended loss was the appropriate means by which to calculate loss, 11.

United States v. Alfredo Acosta Ramirez

306 F. App'x 542 · Court of Appeals for the Eleventh Circuit · Jan 8, 2009

The District Court Did Not Clearly Err by Denying Ramirez a Downward Adjustment. … To qualify for the adjustment, the defendant must establish by a preponderance of the evidence, De Varon, 175 F.3d at 939, that he was “less culpable than most other participants, but [that his] role could not be described

Macon County Investments v. David Warren

306 F. App'x 478 · Court of Appeals for the Eleventh Circuit · Jan 5, 2009

Plaintiffs clearly sought to challenge only the First and Second Amended Rules, and leave in place the 2003 Rules. 1 Plaintiffs also argue Sheriff Warren exceeded his rule-making authority in establishing … Accordingly, even if the district court grants Plaintiffs the injunctive relief they seek, Plaintiffs still do not qualify for a Class B Bingo License under the unchallenged 2003 Rules.

Xiu Zheng v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Apr 15, 2020

Zheng argues that the BIA erred in concluding (1) that he did not provide credible testimony; (2) that his corroborating evidence was insufficient to establish a well- founded fear of persecution to qualify for asylum; … First, Zheng conceded that he did not suffer from past persecution, so he needed to establish a well-founded fear of future persecution to qualify for asylum. See Diallo, 596 F.3d at 1332.

Dominick Russo v. Secretary, U.S. Department of Commerce

Court of Appeals for the Eleventh Circuit · Sep 3, 2026

except that they may be “set aside” only if they are arbitrary and capricious, procedurally improper, in excess of statutory authority, or “contrary to constitutional right, power, privilege, or immun … no reason to believe that Congress would prefer a Senate-confirmed Council without removal restrictions to a purely advisory Council that balances regional and state interests in the way Congress clearly