Case law

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit · Feb 16, 2017

Although we have recognized that “anti- discrimination laws are [not] categorically immune from First Amendment challenge[s],” Booth v. … If the State’s argument is followed to its logical conclusion, a doctor would be able to maintain full immunity from enforcement with a simple assertion that he believed his harassment to be necessary.

United States v. Shotts

145 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Jul 10, 1998

Finally, in Tonelli, the government qualified its question by defining a particular term. … By targeting only such persuasion as is "corrupt," Section 1512(b) clearly limits only constitutionally unprotected speech, and is not, therefore, overbroad.

Alabama v. United States Army Corps of Engineers

644 F.3d 1160 · Court of Appeals for the Eleventh Circuit · Jun 28, 2011

The exercise of such jurisdiction is only appropriate in “rare circumstances” so only “limited factual scenarios” will qualify. Id. at 1379-80 . … Circuit clearly stated that the issue of water supply authority in the RHA was not before it.

Jose Leonardo Martinez Castro v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 29, 2020

“Whether an asserted group qualifies as a ‘particular social group’ under the INA is a question of law.” Id. (quoting Malu v. U.S. Att’y Gen., 764 F.3d 1282, 1290 (11th Cir. 2014). … A party adequately raises an issue by “specifically and clearly identif[ying]” the issue in its initial brief. Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1330 (11th Cir. 2004)).

Patrick Hearns, Jr. v. MEJ Plumbing, LLC

Court of Appeals for the Eleventh Circuit · Dec 2, 2025

On appeal, Appellants argue that the district court erred by holding that they failed to establish indi- vidual coverage. … They argue that they qualify because they were “engaged in commerce” under the FLSA. See 29 U.S.C. §§ 206(a), 207(a).

United States v. Willie Collon West

550 F. App'x 752 · Court of Appeals for the Eleventh Circuit · Dec 18, 2013

Career-offender status West next argues that the district court erred in finding that his prior state conviction for throwing a “deadly missile” into an occupied vehicle qualified as a predicate offense under the … Although West argues that the court failed to adequately credit him for having pleaded guilty rather than proceed to trial, the record clearly demonstrates that West received a three-level reduction to his offense level

United States v. Basilio Amaury Bron, Jr.

709 F. App'x 551 · Court of Appeals for the Eleventh Circuit · Sep 18, 2017

In sum, Bron’s appeal is governed by the well-established rules set forth in McAllister, Scott, and Jordan. … As a result, Bron’s conviction for Florida felony battery now clearly qualifies as a crime of violence under the elements clause of § 4B1.2(a).

United States v. William Bacon

Court of Appeals for the Eleventh Circuit · Apr 13, 2020

Gene Kennedy were qualified as expert witnesses and testified that the six patient records of Dr. Bacon’s patients reflected that Dr. … Mbanefo could not establish any of the requirements for plain error. For example, Dr.

United States v. Paradies

Court of Appeals for the Eleventh Circuit · Sep 23, 1996

Also, in order to qualify as a minority business, Metro Consultants had to be certified as a minority-owned company. … Defendant Jackson has failed to establish that the district court was clearly erroneous in its determination that he testified untruthfully at trial.

No. 82-7043

702 F.2d 890 · Court of Appeals for the Eleventh Circuit · Apr 11, 1983

creditors, and shareholders, the protection of which provides the stimulus for the bankruptcy laws, for this Court to conclude that the collective bargaining agreement was meant to hold a stranglehold position, totally immune … If a debtor-in-possession is unable to meet the test for the rejection of a collective bargaining agreement (see discussion infra ), it would clearly be inequitable to allow the debtor-in-possession to violate with impunity

Arbelaez v. Florida Department of Corrections

662 F. App'x 713 · Court of Appeals for the Eleventh Circuit · Oct 12, 2016

Second, he contends the Florida courts’ determination that he was not intellectually disabled (and therefore ineligible for the death penalty) constituted an unreasonable application of clearly established law and was … See Williams, 529 U.S. at 412 (emphasizing that the phrase “‘clearly established Federal law, as determined by the Supreme Court of the United States’ . . . refers to the holdings, as opposed to the dicta,” of the Supreme

United States v. Marvin P. Johnson, Robert A. Wilkins, Duane Quamina, Patricia Gordon, Mark Francis Johnson

713 F.2d 633 · Court of Appeals for the Eleventh Circuit · Aug 29, 1983

Here, the defendants have fallen far short of establishing any compelling prejudice. … But the next paragraph qualified that broad definition, stating that “[i]t was a part of said scheme” to conceal Hargan in the cargo bin of a Delta flight to facilitate the intended theft.

Shan Dong Chen v. U.S. Attorney General

262 F. App'x 984 · Court of Appeals for the Eleventh Circuit · Jan 23, 2008

Davis, 406 F.2d 1158, 1161–62 (5th Cir. 1969) (stating that summary disposition is proper where “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the … Dec. 915 (BIA 1997), the BIA held that an individual whose spouse has been forcibly sterilized qualifies for asylum. Id. at 919–20. This Court has never rejected the BIA’s position in In re C-Y-Z. See Yang v. U.S.

United States v. Robert William Barton

Court of Appeals for the Eleventh Circuit · Nov 4, 2020

Limited exceptions to the doctrine include new evidence or an intervening change in controlling law that commands a different result, or a decision by this Court that is clearly erroneous and would cause manifest injustice … The district court presided over the entirety of Barton’s proceedings, and the acumen gained throughout the proceedings made it well qualified to rule on the motion without a hearing.

United States v. Brown

526 F.3d 691 · Court of Appeals for the Eleventh Circuit · Apr 29, 2008

Brown was also aware of what the Government could establish were the case to proceed to trial; the prosecutor provided a full statement of the facts the evidence would establish. … Ed. 2d 607 (1990), the Court limited the type of evidence a sentencing court could consider in determining whether a state conviction for burglary was based on facts that would qualify it as a “violent felony” under the Armed

Manzello=Oliveros v. U.S. Attorney General

402 F. App'x 444 · Court of Appeals for the Eleventh Circuit · Nov 5, 2010

To qualify for CAT relief, an applicant carries the burden of proof to “establish that it is more likely than not that he [] would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 208.16(c)(2). … An alien who fails to satisfy the statutory requirements for withholding of removal under the INA rarely qualifies for CAT relief.

Josue Ernesto Munoz-Garcia v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 25, 2020

The IJ found that Petitioners did not qualify for asylum or withholding of removal because they failed to establish either a cognizable “particular social group” or a nexus between that group and any past or future harm … Att’y Gen., 388 F.3d 814, 819 (11th Cir. 2004) (noting that an applicant who cannot establish that he qualifies for asylum cannot meet the “more stringent” standard for withholding of removal). D.

United States v. Don Eugene Siegelman

Court of Appeals for the Eleventh Circuit · May 10, 2011

After his election, he established the Alabama Education Lottery Foundation (the “Foundation”) to raise money to campaign for voter approval of a ballot initiative to establish a state lottery. … We conclude that this finding of fact is not clearly erroneous.

United States v. Shawn A. Bailey

433 F. App'x 807 · Court of Appeals for the Eleventh Circuit · Jul 8, 2011

STAT. § 944.40, the same statute that Bailey was convicted under, qualified as a predicate offense for armed career criminal classification. … We then looked to whether the escape conviction constituted a violent felony in order for it to be a qualifying offense. Id.

United States v. Frantz Achille

277 F. App'x 875 · Court of Appeals for the Eleventh Circuit · May 12, 2008

We conclude that it was not clearly erroneous for the district court to determine that Achille placed patients at risk of serious bodily injury. … Moreno testified that the drugs involved carried the risk of serious side effects, and these side effects qualify as serious bodily injuries. See U.S.S.G. § 1B1.1, comment. (n.1(L)).