Case law

Herman v. Nationsbank Trust Company

126 F.3d 1354 · Court of Appeals for the Eleventh Circuit · Nov 5, 1997

Partly in response to the takeover threat, Polaroid established an ESOP called the Polaroid Stock Equity Plan.2 Eventually Polaroid named Citizens & Southern Trust Company, later known as NationsBank, as the trustee of … State Street Bank and Trust Co., 104 F.3d 105, 106 (7th Cir.1997) (describing a similar transaction and its tax consequences). 2 qualify for tax benefits.

U.S. Securities and Exchange Commission v. Spartan Securities Group, LTD

Court of Appeals for the Eleventh Circuit · Jan 16, 2026

Island argues that these two cases establish that the disgorgement or- dered here was inequitable. … The SEC allege that Rose and 26 The record does not clearly reveal whether the Court or the SEC drafted Instruction 19 on Count VI.

Gulf Power Company Alabama Power Company v. Federal Communications Commission and United States of America, Tampa Electric Company v. Federal Communications Commission and United States of America, Florida Power & Light Company v. Federal Communications Commission and United States of America, Commonwealth Edison Company v. Federal Communications Commission and United States of America, Potomac Electric Power Company v. Federal Communications Commission and United States of America, Texas Utilities Electric Company v. Federal Communications Commission and United States of America, Union Electric Company, D.B.A. Amerenue v. Federal Communications Commission and United States of America, American Electric Power Services Corporation v. Federal Communications Commission and United States of America, Duke Energy Corporation v. Federal Communications Commission and United States of America, Virginia Electric and Power Company v. Federal Communications Commission and United States of America, Carolina Power & Light Company v. Federal Communications Commission and United States of America, Duquesne Light Company v. Federal Communications Commission and United States of America, Delmarva Power & Light Company v. Federal Communications Commission and United States of America

208 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Apr 11, 2000

For the FCC to be able to regulate the rent for anattachment that provides Internet service then, Internet service must qualify as either a cable service or a telecommunications service. 35 Cable service, defined in section … They are usually located within cables that also contain fibers providing cable or telecommunications services, i.e., lit fibers the FCC clearly has the authority to regulate.

United States v. Malcom Anwar Williams

Court of Appeals for the Eleventh Circuit · Jun 28, 2023

At sentencing, Williams was deemed a career offender under U.S.S.G. 4B1.2(a) on the basis that the Hobbs Act robbery conviction qualified as a “crime of violence,” and Williams had two prior state … “To conclude that we are not bound by a prior holding in light of a Supreme Court case, we must find that the case is ‘clearly on point’ and that it ‘actually abrogate[s] or directly conflict[s] with

United States v. Deborah M. Townsend

515 F. App'x 869 · Court of Appeals for the Eleventh Circuit · Apr 8, 2013

Although we customarily review de novo the sufficiency of the evidence supporting a conviction, where the defendant does not clearly object in the district court on a specific basis, the district court can only be reversed … Further, Matthews testified that such expenses were not automatically deductible, as a claims representative needed to determine whether the expenses could even qualify as deductible expenses.

United States v. Branden Lavon Millender

Court of Appeals for the Eleventh Circuit · Oct 15, 2019

So “we will not set aside a district court’s determination that a defendant is not entitled to a § 3E1.1 adjustment unless the facts in the record clearly establish that the defendant has accepted responsibility.” … 8  Case: 19-10142 Date Filed: 10/15/2019 Page: 9 of 9 As for the § 3E1.1(b) one-level reduction, Millender ignores the necessity of a government motion, which he lacked, to qualify

Theresa Cusatis v. Atlantic Waste Services, Inc.

Court of Appeals for the Eleventh Circuit · Nov 6, 2025

Neither establishes a prima facie case of retal- iation. … establish whether Freas acted in a supervisory capacity to Cusatis.

Mendoza v. Borden, Inc.

158 F.3d 1171 · Court of Appeals for the Eleventh Circuit · Oct 28, 1998

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.

Darnell Nolley v. Warden

Court of Appeals for the Eleventh Circuit · Jun 26, 2020

We have established a two‑step process for analyzing a motion to dismiss for failure to exhaust administrative remedies. See Turner v. Burnside, 541 F.3d 1077, 1082 (11th Cir. 2008). … Nolly received adequate due process at his disciplinary hearing and subsequent appeals, we do not address qualified immunity. 25  Case: 18-13837 Date Filed: 06

Manuel Antonio Rodriguez v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Jun 30, 2014

The phrase “clearly established Federal law” refers only to “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” Williams v. … established federal law.

Jai Devon Lee v. United States

Court of Appeals for the Eleventh Circuit · Nov 29, 2021

Lee could assert that the miscarriage of justice exception applies to his procedurally defaulted claim, his substantive vagueness argument fails because we have repeatedly held that “a social security number qualifies as … Lee’s overbreadth challenge likewise fails because § 1029(a)(3) does not clearly prohibit a substantial amount of pro- tected speech. See United States v. Dean, 635 F.3d 1200, 1204 (11th Cir. 2011).

Timothy Louis Parker v. Secretary, Florida Department of Corrections

555 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Feb 6, 2014

The court further noted that, even if the defendant had not requested a proper instruction at trial, “the failure to give a proper instruction would likely have qualified as fundamental error” exempt from harmless error … established federal law or was based on an unreasonable determination of the facts. 28 U.S.C

United States v. Sixto Figueroa

488 F. App'x 412 · Court of Appeals for the Eleventh Circuit · Aug 29, 2012

Testimony clearly established that materially false representations regarding Garcia’s income and bank account balances were made to Wachovia during the loan application process for the two loans he acquired. … Sellars’s testimony also established that, around the time of closing, Garcia received payments from the Figueroas.

United States v. Olry Maurival

Court of Appeals for the Eleventh Circuit · Mar 22, 2021

His bank records established that he was the sole signatory on and that he had paid Diaz and two other tax preparers more than $82,000 for their work on tax returns. 4 … The district court did not clearly err in finding that Maurival was an organizer or leader of the conspiracy to defraud the United States.

Werner v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit · Mar 21, 2011

. § 1383(c).1 After a hearing, the Administrative Law Judge (“ALJ”) found Werner had some severe impairments but that these impairments did not rise to the level of a qualifying listed disability. … new evidence of the side effects generally associated with his medications present a reason to doubt the 5 ALJ’s conclusion.2 Mere lists of potential side effects do not establish

Ervin Nekaj v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · May 5, 2022

He concluded that Nekaj had not established harm rising to the level of past persecution. … While each inquiry is fact-specific, the immigration judge here made specific findings that clearly satisfy our standard.

Babatunde Alaba Kalejaiye v. U.S. Attorney General

547 F. App'x 938 · Court of Appeals for the Eleventh Circuit · Dec 5, 2013

On appeal, the BIA concluded that because Kalejaiye did not meet the lesser burden of proof to qualify for asylum, he did not carry the higher burden for withholding of removal. … To establish eligibility, the alien must, with specific and credible evidence, establish (1) past persecution on account of a factor listed in the statute, or (2) a well-founded fear that the factor will cause future persecution

Deanna Langille v. Commissioner of IRS

Court of Appeals for the Eleventh Circuit · Nov 22, 2011

Langille’s residential rental activities do not qualify for the exception to the passive rule. … If the Commissioner establishes that any portion of the underpayment is attributable to fraud, then the entire underpayment is treated as attributable to fraud, except as to the amount the taxpayer establishes by a preponderance

United States v. Ludis Castillo-Allen

567 F. App'x 738 · Court of Appeals for the Eleventh Circuit · May 27, 2014

It also applied a two-level reduction to the offense level because Castillo-Allen qualified for § 5C1.2(a)’s limitation on statutory minimum sentences. See id. § 2D1.1(b)(16), § 5C1.2(a)(1)- (5). … In that case the Supreme Court there considered what the government must prove to establish the crime of aiding and abetting a violation of 18 U.S.C. § 924(c). Id. at ––, 134 S.Ct. at 1243.

Jeffrey Harris v. Mid-State Land & Timber Company

285 F. App'x 601 · Court of Appeals for the Eleventh Circuit · Jul 9, 2008

outside the protected class received higher compensation; and (4) he was qualified to receive the higher wage. … “A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.” Klay v.