Case law

Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co.

870 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Sep 7, 2017

Instead, this circuit has determined that “any showing by [a plaintiff] that tends to exclude the possibility of independent action can qualify as a plus factor.” … As we have explained, “any showing by appellants that tends to exclude the possibility of independent action can qualify as a plus factor.” Williamson Oil, 346 F.3d at 1301 (internal quotation marks omitted).

Florida Agency for Workforce Innovation v. United States Department of Labor

176 F. App'x 85 · Court of Appeals for the Eleventh Circuit · Apr 24, 2006

PBIF, a state program developed in 1994, was designed to reward community colleges and school district programs for retraining certain qualified students, including JTPA Title III eligible “dislocated workers.” … “Unless the burden of producing the required documentation is placed on recipients, federal grantees would be free to spend funds in whatever way they wished and obtain virtual immunity from wrongdoing by failing to keep

Daniel Pierson v. Commissioner of Social Security

494 F. App'x 930 · Court of Appeals for the Eleventh Circuit · Oct 31, 2012

See Winschel, 631 F.3d at 1178.1 “These regulations place a very heavy burden on the claimant to demonstrate both a qualifying disability and an inability to perform past relevant work.” … Pierson testified as to his subjective complaints of disabling pain, the ALJ was required to “clearly articulate explicit and adequate reasons for discrediting [Mr.

Ferrero v. Associated Materials Incorporated

923 F.2d 1441 · Court of Appeals for the Eleventh Circuit · Feb 1, 1991

Findings of fact made in connection with a grant of a preliminary injunction are set aside only if clearly erroneous. Id. … Federal law, however, would allow preliminary injunctions to issue only when the moving party can establish: 46 (1) There is a substantial likelihood that he [or she] ultimately will prevail on the merits of the claim; (2

James W. Himes v. Commissioner of Social Security

585 F. App'x 758 · Court of Appeals for the Eleventh Circuit · Sep 26, 2014

Paragraph A requires “[m]edically documented persistence, either continuous or intermittent,” of a qualifying depressive syndrome, manic syndrome, or bipolar syndrome. … To the extent Himes relies on a nurse practitioner’s opinion to establish a diagnosis of bipolar disorder, she is not a medically acceptable source, and, moreover, even if her opinion did establish a diagnosis of bipolar

Adler v. Duval County School Board

206 F.3d 1070 · Court of Appeals for the Eleventh Circuit · Mar 15, 2000

Athough Lee presents a specific example of an Establishment Clause violation, Lemon, 403 U.S. at 612-13 , 91 S.Ct. at 2111 , still provides the general Establishment Clause test. … Clearly, the student vote satisfies the first part of this analysis: but for the policy, the student vote would not occur.

John T. Carpenter, Jr. v. The University of Alabama Health Services Foundation PC

Court of Appeals for the Eleventh Circuit · May 10, 2019

At the motion to dismiss stage, the district court determined that the Board of Trustees was entitled to immunity from suit. … He contends that to qualify as an alternative, the option had to “offer continued employment.” Appellant’s Br. at 17. Not so.

Gjellum v. City Of Birmingham

829 F.2d 1056 · Court of Appeals for the Eleventh Circuit · Oct 13, 1987

It was this belief that led Congress to establish the right to a federal court forum. 34 These conclusions are supported by McDonald v. … It permits the States to correct violations through their own procedures, and it encourages the establishment of such procedures.

United States v. Irey

612 F.3d 1160 · Court of Appeals for the Eleventh Circuit · Jul 29, 2010

R. 36-2, IOP 7 (“The court may cite to them . . . to establish the . . . facts of the case.”). … It is well established that a finding of fact is clearly erroneous when “although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been committed. . .

William Milledge v. Rayonier, Incorporated

192 F. App'x 863 · Court of Appeals for the Eleventh Circuit · Aug 8, 2006

Grinnell Corp., 270 F.3d 1314, 1322 (11th Cir. 2001) (issues not clearly raised in initial briefs are considered abandoned). 2 entitled to judgment as a matter of law.” … Because the Walthours rely on circumstantial evidence to establish their claim, we test the sufficiency of that claim by applying the burden-shifting framework established in McDonnell Douglas Corp. v.

Sylvester B. Lane v. Fort Walton Beach Housing Authority

518 F. App'x 904 · Court of Appeals for the Eleventh Circuit · May 20, 2013

Basco’s sworn statement, this Court stated “it is insufficient alone to establish that Jones was an unauthorized resident. … [are] clearly beyond what might be considered a necessity, and Plaintiffs have provided no explanation,” and “monthly utility expenses of $455.34 ... appear to be disproportionate for a residence for which Plaintiffs pay

United States v. Steven Bernard Jordan

488 F. App'x 358 · Court of Appeals for the Eleventh Circuit · Aug 21, 2012

Mere presence at the scene of a crime and close association with a co-conspirator does not establish knowing participation, but knowledge can be established through the surrounding circumstances, such as acts committed … For these reasons, the district court did not clearly abuse its discretion in denying Campbell’s motion for severance. C.

D & M Carriers LLC v. M/V Thor Spirit

586 F. App'x 564 · Court of Appeals for the Eleventh Circuit · Nov 20, 2014

In an attempt to recover the full costs it had incurred, D & M filed a complaint in the Southern District of Florida seeking to establish a maritime lien on the Thor Spirit.4 D & M contended that it was entitled to a maritime … The district court’s finding was not clearly erroneous.

Mirtha Marchena Chavez v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 2, 2022

It also argued that she failed to establish a nexus to a protected ground. … Here, Marchena has not established reversible error in the BIA’s denial of CAT relief.

Ultimate Collision Repair, Inc. v. State Farm Indemnity Company

Court of Appeals for the Eleventh Circuit · Sep 7, 2017

Instead, this circuit has determined that “any showing by [a plaintiff] that tends to exclude the possibility of independent action can qualify as a plus factor.” … As we have explained, “any showing by appellants that tends to exclude the possibility of independent action can qualify as a plus factor.” Williamson Oil, 346 F.3d at 1301 (internal quotation marks omitted).

Hale Container v. Houston Sea

137 F.3d 1455 · Court of Appeals for the Eleventh Circuit · Apr 3, 1998

In considering the vessels' "carrier" status, the district court noted the qualifications for a vessel, in rem, to qualify as a carrier, and found that the vessels met those requirements because a “master's" sailing of … The district court’s conclusion is not clearly erroneous.

Ultimate Collision Repair, Inc. v. State Farm Indemnity Company

Court of Appeals for the Eleventh Circuit · Sep 7, 2017

Instead, this circuit has determined that “any showing by [a plaintiff] that tends to exclude the possibility of independent action can qualify as a plus factor.” … As we have explained, “any showing by appellants that tends to exclude the possibility of independent action can qualify as a plus factor.” Williamson Oil, 346 F.3d at 1301 (internal quotation marks omitted).

Wright v. Sheppard

919 F.2d 665 · Court of Appeals for the Eleventh Circuit · Dec 18, 1990

Once plaintiff has established that he qualifies for punitive damages, he is entitled to consideration by a judge as factfinder that is within the proper bounds of the judge's discretion and that is reviewable for improper … Clearly, this is a standard without meaning.

United States v. Julio Santiesteban

423 F. App'x 897 · Court of Appeals for the Eleventh Circuit · Apr 14, 2011

In reviewing the sufficiency of the evidence, we view “the evidence in the light most favorable to the government,” and we will affirm a conviction “if a reasonable trier of fact could find that the evidence established … Santiesteban next argues that the district court erred in admitting the testimony of ICE Special Agent Matthew Parker about the price illegal aliens pay to be smuggled into the United States, because Parker was not qualified

Windham Todd Pittman v. State Farm Fire & Casualty Company

662 F. App'x 873 · Court of Appeals for the Eleventh Circuit · Dec 5, 2016

Again, these allegations do not establish an agreement between the private actors and Deputy Campbell. … Holley, 312 F.3d 1228, 1235 (11th Cir. 2002) (granting qualified immunity to officer where he accurately relayed information obtained from an informant and “there [was] nothing to suggest that he knew this information