Case law

Jiteshkumar Ishvarlal Patel v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Nov 26, 2019

appropriate either where time is of the essence, such as “situations where important public policy issues are involved or those where rights delayed are rights denied,” or where “the position of one of the parties is clearly … Ct. 2105 (2018) (and it did not find that he had), he had not established prima facie eligibility because he had not established hardship to his qualifying relatives. 4

United States v. Xavier Daughtry

Court of Appeals for the Eleventh Circuit · May 15, 2024

Even if Daughtry could establish plain error, he fails to establish a reason- able probability that, but for the alleged error, the outcome of his trial would have been different in the light of the … Carjacking Qualifies as a Crime of Violence, 18 U.S.C. § 924(c).

United States v. Jatavious Griswold

Court of Appeals for the Eleventh Circuit · May 27, 2020

Griswald objected to the presentence investigation report because Georgia aggravated assault did not qualify as a crime of violence under the sentencing guidelines. … See Moore, 954 F.3d at 1338 (holding that the Rehaif error did not affect the defendants’ substantial rights because “the record clearly establish[ed] that both [defendants] knew they were felons” where they, among other

Geoffrey Scimone v. Carnival Corporation

720 F.3d 876 · Court of Appeals for the Eleventh Circuit · Jul 1, 2013

Third, the burden of establishing removal jurisdiction rests with the defendant seeking removal. … The Seventh Circuit therefore interpreted the “[t]he mass action provision [to] give[] plaintiffs the choice to file separate actions that do not qualify for CAFA jurisdiction.” Id.

Carlos Eduardo Cabrera-Noriega v. US Atty. Gen.

369 F. App'x 5 · Court of Appeals for the Eleventh Circuit · Mar 8, 2010

The BIA found that the IJ did not clearly err in determining that Cabrera-Noriega’s kidnaping and the subsequent threats were on account of his failure to obtain the ransom amount, rather than on account of his political … This standard is more stringent than the “well-founded fear” standard for asylum; thus, if an applicant is unable to meet the “well-founded fear” standard, he necessarily is unable to qualify for withholding of removal

St. Laurent v. Ambrose (In re St. Laurent)

153 F.2d 672 · Court of Appeals for the Eleventh Circuit · May 20, 1993

The bankruptcy court found that the state court judgment established that St. … Absent clearly expressed legislative intent to the contrary, that language is conclusive. See Board of Educ. of Westside Community Sch. v.

Jane Doe v. Celebrity Cruises, Inc.

394 F.3d 891 · Court of Appeals for the Eleventh Circuit · Dec 22, 2004

Indeed, the Oasis is a short, five-to-ten-minute walk from the ship, and the ship is clearly visible from the club. … Because Doe is a resident of Connecticut and no defendant resides there, diversity jurisdiction clearly exists. See 28 U.S.C. § 1332(a); Triggs v.

Sheffield v. United Parcel Service, Inc.

403 F. App'x 452 · Court of Appeals for the Eleventh Circuit · Nov 22, 2010

To qualify for this exception a plaintiff must show that “(1) the relied upon charge is not invalid, and (2) the individual claims of the filing and non-filing plaintiff arise out of similar discriminatory treatment in … Sheffield argues, however, that in Hipp we established an exception to the general forward temporal scope where the representative charge “clearly alleges a continuing, concrete policy that is illegal, such as in McDonald

United States v. Joaquin Rivero

Court of Appeals for the Eleventh Circuit · May 14, 2024

I have no choice [but] to say that he does not qualify for the safety valve.” … Additionally, the court did not clearly err in finding that Rivero did not qualify for safety- valve relief because it was probable that Rivero possessed guns in connection with his offense conduct

Fireman's Fund Insurance Company v. In Any Event

254 F.3d 987 · Court of Appeals for the Eleventh Circuit · Jun 19, 2001

In reaching its decision, the district court found that the bill of lading legibly and clearly described the stage as "one unit" or "package" for purposes of COGSA. … § 1304(5), when it concluded that the mobile stage trailer qualified as one "package," such that Tropical and Birdsall's liability for damage to the stage should be limited to $500.

Conner v. Hall

Court of Appeals for the Eleventh Circuit · Jul 7, 2011

If a state court has adjudicated the merits of a claim, we may not grant habeas relief unless the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as … “To qualify as an ‘adequate’ procedural ground, a state rule must be ‘firmly established and regularly followed.’” Walker v. Martin, --- U.S. ---, 131 S. Ct. 1120, 1127–28 (2011) (citation omitted).

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit · May 13, 2025

All three of Miller’s prongs must be satisfied for content to qualify as “obscene.” … It held that “AOE, as principal sponsor of the ballot initiative, qualified to defend Ar- ticle XXVIII on appeal.” Id. at 58, 117 S. Ct. at 1064.

Mckinney v. Pate

20 F.3d 1550 · Court of Appeals for the Eleventh Circuit · May 5, 1994

In part II, we first discuss the Supreme Court's due process jurisprudence and then demonstrate how this circuit's cases have diverged from that established law. … As it was unclear whether McKinney, as County Building Official, qualified as a "department head," the county elected to afford him the maximum amount of process possible and followed the procedures for the termination of

Doyle v. Liberty Life Assurance Co. of Boston

511 F.3d 1336 · Court of Appeals for the Eleventh Circuit · Jan 7, 2008

While Doyle was receiving STD benefits, Liberty Life obtained her medical records to determine whether she would qualify for LTD benefits, for which she had applied, after her STD benefits expired. … In order to succeed on its summary judgment motion, Liberty Life, as the moving party, bore the burden of establishing that there existed no genuine issue of material fact and that it was entitled to judgment as a matter

Michael F. Powers v. U.S. Dept. of Agriculture

245 F. App'x 924 · Court of Appeals for the Eleventh Circuit · Aug 27, 2007

“It is well established that the FTCA is a specific waiver of the sovereign immunity of the United States and must be strictly construed.” Phillips v. United States, 260 F.3d 1316, 1318 (11th Cir. 2001). … The doctrine of prejudicial error applies “when a mistake of the administrative body is one that clearly had no bearing on the procedure used or the substance of decision reached.” U.S. Steel Corp. v. U.S.

United States v. Ryan Jamal Washington

Court of Appeals for the Eleventh Circuit · Apr 16, 2021

More than one person involved in the activity can qualify as a leader. Id. The district court did not clearly err in finding that Washington was an organizer or leader. … The unobjected-to facts in the presentence report and the testimony at the sentencing hearing were sufficient evidence to establish that Washington was an organizer or leader in the marijuana trafficking conspiracy.

Century Surety Company v. Seductions, LLC

349 F. App'x 455 · Court of Appeals for the Eleventh Circuit · Oct 19, 2009

The policy’s declarations page established a $2 million “General Aggregate Limit,” $1 million “Personal and Advertising Injury” and “Each Occurrence” limits, and a $2,000 per person “Medical Expense Limit” on coverage. … Although negligence in the provision of security services might qualify as “incidental to” the operation of an adult nightclub under other circumstances, the Seductions employees’ alleged attack did not occur merely by

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

Court of Appeals for the Eleventh Circuit · Sep 22, 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 … The district court’s finding was not clearly erroneous.

Weiss Ex Rel. Weiss v. School Board of Hillsborough County

141 F.3d 990 · Court of Appeals for the Eleventh Circuit · May 13, 1998

However, in Doe, the Eleventh Circuit qualified the Supreme Court's language, noting that the Court was concerned with the purpose behind procedural notice requirements—full an effective participation in the IEP process … Weiss signed stated clearly "Interim IEP," and several changes requested by the Weisses reflected items already a part of the Georgia IEP, such as the use of a one-to-one aid and increased time in occupational therapy.

David Maus v. John Patrick Ennis

513 F. App'x 872 · Court of Appeals for the Eleventh Circuit · Mar 20, 2013

Moreover, Ennis failed to establish any recognizable privilege, and he made no showing that the requested information related to any national or international security matters. … Ennis raised numerous objections to the plaintiffs’ motion for a default judgment, including that he did not register the domains, and that they were “cyber grip[e] sites,” which qualify as “fair use” and are protected