Case law

United States v. Edward Malone Lawson

Court of Appeals for the Eleventh Circuit · Jun 28, 2021

The court overruled the objection, noting that Defendant clearly had had at least three qualifying 1 Under U.S.S.G. § 4A1.2(e), certain sentences that were not imposed within 10–15 years of the defendant’s commencement … Specifically, he argues that the plea colloquy clearly established that he did not know he was violating the law because, when the court asked him if he knew that he was “violating the law” when he possessed a firearm,

Red Mendoza v. Borden, Inc., D.B.A. Borden's Dairy

195 F.3d 1238 · Court of Appeals for the Eleventh Circuit · Nov 16, 1999

Three of the four factors - physically threatening or humiliating conduct, interference with job performance, and severity - are clearly absent from the conduct established by Mendoza. … No court has ever made such a sweeping declaration, defining an entire class of conduct as immune to suspicion.

Kathleen N. Pedro v. Transunion LLC

868 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Aug 24, 2017

To establish that TransUnion willfully failed to comply with section 1681e(b), Pedro must establish that TransUnion either knowingly or recklessly violated that section. Levine v. World Fin. … Clearly, it was. True, TransUnion reported that Pedro was only an authorized user on her parents’ account.

Cleveland D. Dunn v. Commissioner, Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit · Jun 11, 2024

immunity. … Here, Dunn cannot establish plain error in the district court’s failure to appoint counsel sua sponte.

Dr. David S. Muransky v. Godiva Chocolatier, Inc.

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

Both identity theft and a material risk of identity theft plainly qualify as injuries under that statute and under this opinion. … Yet this case clearly turns on factual questions, as the majority seems to recognize.

United States v. Varian Scott

403 F. App'x 392 · Court of Appeals for the Eleventh Circuit · Nov 16, 2010

In addition, we explained that the district court did not clearly err by giving significant weight to the general acceptance of fingerprint evidence. Id. … At the Daubert hearing, the government established that fingerprint testing follows a formal, established methodology.

United States v. Daniel Lafitte Dumonde

190 F. App'x 788 · Court of Appeals for the Eleventh Circuit · Jul 19, 2006

Furthermore, the district court’s credibility determinations are entitled to deference and its factual findings will be accepted, unless clearly erroneous. United States v. … In addition, even where a government witness testifies with immunity, it is the responsibility of the trier of fact to determine the truthfulness of witness’s testimony. See United States v.

United States v. Salvador Magluta

Court of Appeals for the Eleventh Circuit · Jun 29, 2023

“A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determina- tion, or makes findings of fact that are clearly erroneous.” … a qualifying medical condi- tion or aging-related deterioration.

IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)

408 F.3d 689 · Court of Appeals for the Eleventh Circuit · May 3, 2005

The evidence at trial established that Tedder and Givens orchestrated an elaborate operation that filtered money directly from IAS to IBT and SCSD. … We cannot find that conclusion clearly erroneous. Givens and Tedder perpetrated a fraud that can only be described as massive.

David Jackson v. Secretary, U.S. Department of Transportation

Court of Appeals for the Eleventh Circuit · Jan 14, 2026

First-level managers must “establish employees’ training schedules” and ensure that training is “accomplished in a timely manner.” … But Jackson did not clearly cite this (or any other) document in his response to the employer’s statement of material facts, in violation of Local Rule 56.1(B)(2)(a)(2).

United States v. Luis Quinones Bercelo

537 F. App'x 919 · Court of Appeals for the Eleventh Circuit · Oct 24, 2013

However, the Sentencing Guidelines clearly condone this double counting. … We recognize, of course, that the preference for consecutive sentences is qualified.

Victor Dontavious Stallworth v. S. Tyson

578 F. App'x 948 · Court of Appeals for the Eleventh Circuit · Aug 27, 2014

Stallworth also alleged that the use of pepper spray qualified as unconstitutional cruel and unusual punishment. … Although Tyson contends that he only reached for his pepper spray, the video does not clearly show the contents of his hands, in particular whether he held a razor blade.

Naval Logistics, Inc. v. M/V Family Time

Court of Appeals for the Eleventh Circuit · Jun 23, 2025

It provided dockage and inspection services—clearly “necessaries” under the statute. Mr. Vilenchik requested these services under the Shipyard Agree- ment, for which the Marina billed him. … Each decision was grounded in the record and con- sistent with established legal principles. Mr. Vilenchik has identi- fied no reversible error. We affirm. AFFIRMED.

International Brotherhood of Teamsters Local 947 v. National Labor Relations Board

66 F.4th 1294 · Court of Appeals for the Eleventh Circuit · May 3, 2023

The Collective Bargaining Agreement provides that “[t]he Company and the Union must resort to the use of the grievance and arbitration procedure established [in Article 8].” … rejected Anheuser-Busch’s argument that it had no duty to bargain because Brown was not a union “employee” during his pre-employment application process and that Brown did not meet the requirements to qualify

Davis v. Singletary

119 F.3d 1471 · Court of Appeals for the Eleventh Circuit · Aug 11, 1997

Krop's opinion concerning Davis' mental state is based upon premises that are clearly false. For example, one of the premises Dr. … During voir dire, the venire persons were death-qualified, see Witherspoon v. Witt, 391 U.S. 510, 517, 88 S.

United States v. Jose R. Diaz-Rosado

Court of Appeals for the Eleventh Circuit · Feb 21, 2023

Once eligibility is established, we re- view the denial of a defendant’s motion for compassionate release pursuant to § 3582(c) motion for an abuse of discretion. See id. … Depending on its severity, kidney failure could possibly qualify as a “terminal illness” or a qualifying “serious physical or medical condition.” See U.S.S.G. § 1B1.13 cmt. n.1(A).

United States v. Steve Hein

395 F. App'x 652 · Court of Appeals for the Eleventh Circuit · Sep 14, 2010

To establish a RICO conspiracy the government must show that the defendant agreed to participate in an enterprise whose purpose was to engage in a pattern of racketeering activity. … Though this Court must disregard harmless errors in calculating the appropriate level using the Sentencing Guidelines, the district court’s adoption of the amount of the forfeiture as the loss under § 3C1.1 hardly qualifies

Kenny A. v. Sonny Perdue

Court of Appeals for the Eleventh Circuit · Jul 3, 2008

That finding is clearly erroneous. … The prior panel precedent rule clearly forecloses their position.”); Wascura v.

Young Israel of Tampa, Inc. v. Hillsborough Area Regional Transit Authority

89 F.4th 1337 · Court of Appeals for the Eleventh Circuit · Jan 10, 2024

Indeed, the ban gave election judges at each polling place too much discretion to decide what qualified as “political.” … Dist., 414 F.3d 1313, 1321 (11th Cir. 2005) (observing that “even in a non-public forum,” the law is “clearly established that the state cannot engage in viewpoint discrimination”).

United States v. Kenneth D. Edwards

447 F. App'x 43 · Court of Appeals for the Eleventh Circuit · Nov 2, 2011

Moreover, the district court instructed the jury that, if proved, intentional flight in itself was not sufficient to establish guilt. … Dupree, 258 F.3d at 1260 (holding that brandishing a firearm that was manufactured in another state suffices to establish the required “minimal nexus to interstate commerce”).