Case law

David Azar v. National City Bank

382 F. App'x 880 · Court of Appeals for the Eleventh Circuit · Jun 15, 2010

Azar contends that, by approving his loans, National City misrepresented that he “qualified” for the loans and met underwriting standards. … Here, the contractual provisions primarily refer to costs and fees associated with enforcing the loans.6 The record supports the district court’s finding that National City’s “actions were clearly taken in furtherance of

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.

Levy v. Kozyak

347 F.3d 880 · Court of Appeals for the Eleventh Circuit · Oct 3, 2003

or surreptitiously extract from its assets the sum of $535.84 in cash and use the same to improve his home thereby contributing to the bankruptcy of the Bread Company to the detriment of innocent creditors and then claim immunity … Rather, the undisputed evidence clearly reflects that the El Caballo Property was purchased by First R&R with funds directly obtained from the FinFed fraud.

United States v. Damien Bernard Osborne

677 F. App'x 648 · Court of Appeals for the Eleventh Circuit · Jan 4, 2017

In response, the government took the position that despite the length of the records, they nonetheless qualified as admissible summaries because they organized records not otherwise clearly decipherable by the jury, and … To qualify for this exception, the proponent of the evidence must establish the following: (A) the record was made at or near the time by—or from information transmitted by—someone with

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.

Delaizarah Zgraggen Rosario v. Commissioner of Social Security

490 F. App'x 192 · Court of Appeals for the Eleventh Circuit · Sep 17, 2012

Kimani’s opinions with his own findings and the overall medical evidence qualifies as good 5  Case: 12-10704 Date Filed: 09/17/2012 Page: 6 of 7 cause not to … One way that the ALJ may prove that other jobs exist for the claimant under step five is by posing hypothetical questions to the vocational expert to “establish whether someone with the limitations that the ALJ has previously

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.

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.

Marsteller ex rel. United States v. Tilton

880 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Jan 26, 2018

However, we also have stated clearly , that, in a qui tarn action, the enhanced pleading requirements of Rule 9(b) apply. See United States ex rel. Clausen v. Lab. … But it held that Universal Health’s claims “fall squarely within the rule that half-truths—representations that state the truth only so far .as it goes, while omitting critical qualifying information—can be actionable misrepresentations

Richard Rose v. Secretary, State of Georgia

87 F.4th 469 · Court of Appeals for the Eleventh Circuit · Nov 24, 2023

The PSC dates back to 1879 when the Georgia General Assembly adopted an act establishing its predecessor, the Railroad Commission. … to the commission shall be required to be residents of one of five [PSC] Districts as hereafter provided, but each member of the commission shall be elected state wide by the qualified

United States v. Great Lakes Dredge & Dock Co.

259 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Jul 30, 2001

Contrary to Great Lakes assertions, these factual findings are supported by the record evidence and are not clearly erroneous. … Under the statute, a person is not liable if that person establishes that the injury to sanctuary resources was “caused solely by...an act or omission of a third party, and the person acted with due care.” § 1443(a)(3)(

Mario Asbun Telchi v. Israel Military Industries, Ltd.

Court of Appeals for the Eleventh Circuit · Dec 12, 2017

“An abuse of discretion occurs where the district court misapplies the law or bases its conclusions on clearly erroneous factual findings.” Id. at 1338. … Under the FSIA, it is well-established that “a foreign state is presumptively immune from the jurisdiction of United States courts.” Saudi Arabia v. Nelson, 507 U.S. 349, 355, 113 S. Ct. 1471, 1476 (1993).

Hicks v. Talbott Recovery System, Inc.

196 F.3d 1226 · Court of Appeals for the Eleventh Circuit · Nov 22, 1999

Appellants also contend on appeal that they are immune under O.C.G.A. § 24-9-44. … On the facts of this case, the Georgia immunity statute is unavailing to appellants. . The subpoena obtained by the Texas Board for Dr.

Julia McCreight v. Auburn Bank

117 F.4th 1322 · Court of Appeals for the Eleventh Circuit · Sep 19, 2024

The problem was that the borrower did not really qualify for the loan, which was USCA11 Case: 22-12577 Document: 43-1 Date Filed: 09/19/2024 Page: 6 of 63 6 Opinion … Thus, she may be subject to stereotypes to which White women and Asian men are immune.”); Kimberlé Crenshaw, Map- ping the Margins: Intersectionality, Identity Politics, and Violence Against USCA11 Case:

United States v. Jermaine Carl Curtis

Court of Appeals for the Eleventh Circuit · Oct 30, 2024

Therefore, we conclude that the district court did not err in concluding Curtis had not shown a qualifying extraordinary and compelling reason for relief. … Because the government is clearly right as a matter of law that there was no reversible error on those issues, we GRANT its motion for summary affirmance.

Bob Jay Cole v. Warden, Georgia State Prison

768 F.3d 1150 · Court of Appeals for the Eleventh Circuit · Oct 6, 2014

AEDPA establishes a one- year statute of limitations for a state prisoner to file a § 2254 habeas petition. 28 U.S.C. § 2244(d)(1). … The district judge did not clearly err in determining Cole was not entitled to equitable tolling on these facts and dismissing his habeas petition on that basis.

United States v. Antonio Allen

302 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Aug 22, 2002

Our en banc decision in Sanchez clearly endorsed the use of harmless error analysis in this context. … After being qualified as an expert in the field of chemistry and the analysis of controlled substances, Fleisher testified that the substances were cocaine.

Blue Sky L. Rep. P 72,221, Fed. Sec. L. Rep. P 92,035 J. Don Foster, an Individual v. Jesup and Lamont Securities Co., Inc., a Corporation, Cross-Appellee. J. Don Foster, an Individual, Cross-Appellee v. Texas Partners '80 Ltd., a Limited Partnership, Minnick Resources Management, Inc., a Corporation, F. Wendell Minnick, an Individual, Jesup and Lamont Securities Co., Inc., a Corporation, and Pyron Exploration and Drilling Corp., a Corporation, Cross-Appellants

759 F.2d 838 · Court of Appeals for the Eleventh Circuit · May 6, 1985

If the holder's business records do not clearly segregate the sales into the business categories authorized by this permit they will be placed in the most logical category. … It is, therefore, necessary to establish GFA for the first time for each of the situations.

United States v. Carl Bennett

472 F.3d 825 · Court of Appeals for the Eleventh Circuit · Dec 13, 2006

Bennett contended that, even though he pled guilty to several charges of burglary, his prior crimes did not qualify as predicate offenses under § 924(e) of the ACCA. … Where a defendant objects to the factual basis of his sentence, the government has the burden of establishing the disputed fact. United States v. Sepulveda, 115 F.3d 882, 890 (11th Cir. 1997).