Case law

Tyler Harrison v. Sheriff, Holmes County Florida

Court of Appeals for the Eleventh Circuit · Feb 6, 2024

Because the dishonest statements about his relationship with Fleming are clearly unrelated to any alleged disability, his alleged constructive discharge was based at least partially on factors other … Finally, none of the comparators Harrison presented is similar enough to establish disparate treatment.

Jessica N. Rogers v. Sheriff of Santa Rosa County Florida

Court of Appeals for the Eleventh Circuit · Mar 20, 2023

The Sheriff moved for summary judgment, as did the depu- ties on the grounds of qualified immunity. … immun- ity, and we affirmed the district court’s ruling.

Frank C. Johnson, Jr. v. John H. Wilbur

375 F. App'x 960 · Court of Appeals for the Eleventh Circuit · Apr 22, 2010

A case is frivolous if the factual allegations are “clearly baseless,” or if it is based on an “indisputably meritless” legal theory. Carroll v. … To state a claim of non-employment race discrimination under § 1981, a plaintiff must allege facts establishing that: (1) he is a member of a racial 6 minority; (2) the defendant

Charles A. Castle v. Sangamo Weston, Inc., a Corporation, Chris Papastrat, Shelby Bass v. Sangamo Weston, Inc., a Corporation

837 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Feb 26, 1988

Thus, viewing the ineffective appeal No. 86-3543 and the valid appeal No. 86-3579, appellants in the case at bar clearly intended to appeal both the July 17 “Judgments” as well as the August 18 “Order.” … Appellants presented sufficient evidence to establish their prima facie case.

United States v. Roscoe Emory Dean, Jr., in Re United States of America

752 F.2d 535 · Court of Appeals for the Eleventh Circuit · Jan 17, 1985

(citations omitted), and dismissed the government’s appeal. 12 The order in the instant case, like the one in Denson , fails to qualify as. a “final order” under 28 U.S.C. § 1291 because it is not “possessed of ‘sufficient … The Court’s message in Addonizio could not have been stated more clearly.

Patricia W. Buce v. National Service Industries

247 F.3d 1133 · Court of Appeals for the Eleventh Circuit · Apr 10, 2001

The Eleventh Circuit has clearly stated the process for determining ERISA common law. … bar would undercut established principles of ERISA law.

United States v. Stephen Charles Norrell, aka Srunway

437 F. App'x 881 · Court of Appeals for the Eleventh Circuit · Aug 16, 2011

He argues the court erroneously instructed the jury that proof of a defendant’s belief is sufficient to establish his knowledge. … Accordingly, the district court did not clearly err in determining that Norrell qualified for the seven-level enhancement. III.

United States v. Robert Allan Cowan

Court of Appeals for the Eleventh Circuit · Nov 19, 2012

While the court, without objection, qualified Greenmun as an expert, his expertise was limited to computer forensics. … Therefore, the court did not clearly err in finding that the § 2G2.2(b)(5) enhancement was warranted.

United States v. Watson

669 F.2d 1374 · Court of Appeals for the Eleventh Circuit · Mar 8, 1982

The rule clearly makes such a distinction. Again, we suggest that one way to avoid procedural errors is to establish a routine and follow it at every trial by means of a checklist. … No attempt was made in Salinas to resolve the two cases since the record demonstrated clearly that the defendants were prejudiced. 601 F.2d at 1285.

Roberto Hung Cavalieri v. Avior Airlines C.A.

Court of Appeals for the Eleventh Circuit · May 16, 2022

Rule 54(d)(1) establishes “a strong presumption that the prevailing party will be awarded costs,” which “may not exceed” the limitations prescribed by stat- ute. Mathews v. … Importantly, however, the rever- sal of a favorable judgment qualifying a litigant as a “prevailing 1 We are bound by decisions of the former Fifth Circuit handed down before October 1, 1981. Bonner v.

United States v. Moises Abraham Sotelo

130 F.4th 1229 · Court of Appeals for the Eleventh Circuit · Mar 10, 2025

Sexual abuse and being a victim of child pornography also literally compromises the immune system. . . . … Sotelo argues that an attorney’s letter alone is insufficient to establish restitution, but this argument asks us to go against established precedent.

Jose Gonzalez v. United States

Court of Appeals for the Eleventh Circuit · May 18, 2021

United States, 942 F.3d 1069, 1075–76 (11th Cir. 2019). 3  USCA11 Case: 20-13413 Date Filed: 05/18/2021 Page: 4 of 8 clearly right as a matter of law so … A movant can overcome this procedural bar by establishing either (1) cause for the default and actual prejudice from the alleged error, or (2) that he is actually innocent of the crimes for which he was convicted.

United States v. Gregory Causey

Court of Appeals for the Eleventh Circuit · Jun 24, 2024

hancement to his sentence under the Armed Career Criminal Act (“ACCA”) violated the Fifth and Sixth Amendments because the “occasions different” requirement for that enhancement was not adequately established … A factual finding is clearly erroneous when, alt- hough evidence supports it, we are left with a definite and firm con- viction that the district court made a mistake. Id. at 1358.

Burger King Corporation, Cross-Appellant v. Gerald A. Mason, Cross-Appellees. Burger King Corporation, a Florida Corporation, Counter- Cross-Appellant v. Gerald A. Mason, Counter-Plaintiffs, Cross

710 F.2d 1480 · Court of Appeals for the Eleventh Circuit · Aug 1, 1983

The jury did not request additional instructions or attempt to qualify its verdict in any manner. … [A] trial court must find that the action is so clearly devoid of merit both on the facts and the law as to be completely untenable. Allen v.

United States v. Christopher Jesse Lee

567 F. App'x 829 · Court of Appeals for the Eleventh Circuit · May 29, 2014

There can be “more than one person who qualifies as a leader or organizer.” USSG. § 3B1.1, comment. (n.4); see also United States v. … We next consider Lee’s argument that the government did not establish a factual basis for the $1,398,748 loss amount.

Boyes v. Shell Oil Products Company

199 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Jan 4, 2000

It reasoned that: “The uniformity rationale clearly does not support application of the doctrine in the federal question/state agency context. … Congress explicitly sought to establish “a viable Federal-State partnership to carry out” the purposes of the statute. 42 U.S.C. § 6902(a)(7).

Boyes v. Shell Oil Products Company

199 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Jan 4, 2000

It reasoned that: "The uniformity rationale clearly does not support application of the doctrine in the federal question/state agency context. … Congress explicitly sought to establish "a viable Federal-State partnership to carry out" the purposes of the statute. 42 U.S.C. § 6902(a)(7).

United States v. Mauricio Lepe-Cholico

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

: 04/18/2022 Page: 3 of 7 21-11071 Opinion of the Court 3 multiple medical conditions—including chronic asthma, prediabe- tes, Hepatitis C, hypertension, and a compromised immune … A district court retains a “range of choice,” so long as it does not apply an incorrect legal standard, rely on clearly erroneous facts, or com- mit a clear error of judgment. Harris, 989 F.3d at 911–12.

United States v. Alex Nathan Mitchell

407 F. App'x 407 · Court of Appeals for the Eleventh Circuit · Jan 6, 2011

Mitchell disputed that his prior offenses qualified him as a career offender under the ACCA and requested a downward departure or variance. … The district court’s findings of fact are reviewed under the clearly erroneous standard, and its application of the law to those facts is reviewed de novo. Id.

United States v. Joseph Laymond Colvin

Court of Appeals for the Eleventh Circuit · Jul 28, 2020

BACKGROUND The following facts were established at Colvin’s motion to suppress hearing. … The court found that the initial encounter between Colvin and the officers, before the officers observed the leafy green marijuana-like substance, was “clearly a consensual police-citizen exchange,” and thus did not implicate