Case law

Flanigan's Enterprises, Inc. of Georgia v. City of Sandy Springs, Georgia

868 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Aug 23, 2017

Accordingly, the case was remanded for a new trial on compensatory damages and was, therefore, clearly “alive” when the Supreme Court ruled. … infraction of a legal right, where the extent of the loss is not shown, or where the right is one not dependent upon loss or damage, as in the case of rights of bodily immunity

Elizabeth J. Howard v. City of Robertsdale

168 F. App'x 883 · Court of Appeals for the Eleventh Circuit · Feb 9, 2006

Howard only performed dispatching duties “from time to time,” so it is clear Griffin did not qualify as her immediate supervisor in the context of the policy. … The same five elements necessary to establish a sexual harassment claim under Title VII are required to establish a sexual harassment claim under § 1983. Cross v. Alabama, 49 F.3d 1490, 1508 (11th Cir. 1994).

Kathleen M. Leiter v. Commr. of Soc. Security

Court of Appeals for the Eleventh Circuit · May 6, 2010

The sequential evaluation process places a “very heavy burden on the claimant to demonstrate both a qualifying disability and an inability to perform past relevant work.” Moore, 405 F.3d at 1211. … If the ALJ decides to “disregard the opinion of a treating physician, the ALJ must clearly articulate its reasons.” Id. (citation omitted).

United States v. Mykhaylo Chugay

Court of Appeals for the Eleventh Circuit · Apr 9, 2024

There is no requirement that all of these factors be present for the enhancement to apply, and there may be more than one person who qualifies as a leader. United States v. … “To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.”

Barys Ex Rel. United States v. Vitas Healthcare Corp.

298 F. App'x 893 · Court of Appeals for the Eleventh Circuit · Nov 3, 2008

Terminal illness is established when “the individual has a medical prognosis that his or her life expectancy is 6 months or less if the illness runs its normal course.” 42 C.F.R. § 418.3. … Relators assert that they did not have access to the physician’s notes and medical records that would more clearly demonstrate the improvements in prognosis that necessitated de-certifying patients for MHB.

Ledford v. Peeples

568 F.3d 1258 · Court of Appeals for the Eleventh Circuit · May 22, 2009

Hood holds that “a suit may sometimes be dismissed for want of jurisdiction where the alleged claim under the Constitution or federal statutes clearly appears to be immaterial and made solely for the purpose of obtaining … O’DELL: Not without qualified people in that field, no. HORST: The Dynavision people were not qualified people in that field? O’DELL: No, they weren't.

Susan Wangenstein v. Equifax, Inc.

191 F. App'x 905 · Court of Appeals for the Eleventh Circuit · Aug 4, 2006

The employer was thus clearly conflicted with respect to LTD benefits. … The Brown court proceeds to discuss, however, that disability pension benefits were paid out of a separate trust established by the employer’s parent corporation.

United States v. Brandi Mary Janice Stroman

661 F. App'x 600 · Court of Appeals for the Eleventh Circuit · Sep 14, 2016

“Only if the defendant can establish that she played a relatively minor role in the conduct for which she has already been held accountable – not a minor role in any larger 4 … Accordingly, we conclude that the district court did not clearly err in applying a three-level sentencing enhancement pursuant to §3B1.1(b).

United States v. Vernon Marcus Coleman

Court of Appeals for the Eleventh Circuit · Dec 3, 2019

A surveillance 4  Case: 19-10410 Date Filed: 12/03/2019 Page: 5 of 7 video recording and testimony from two transportation security officers established … Coleman’s conclusory argument that “N- Ethylpentylone was not a controlled substance” fails to establish the district court clearly erred by finding that the drug qualified as a controlled substance analogue prohibited

United States v. Kiwanis Miyo Jones

314 F. App'x 261 · Court of Appeals for the Eleventh Circuit · Feb 10, 2009

Jones, however, qualified as a career offender under U.S.S.G. § 4B1.1, which increased his offense level to 37, his criminal history to VI, and his guidelines range to 360 months to life imprisonment. … Thus, the evidence was sufficient to establish Jones’s guilt on the drug charges.

Paul Roy Smith, III v. Sunbelt Rentals, Inc.

356 F. App'x 272 · Court of Appeals for the Eleventh Circuit · Dec 10, 2009

an adverse employment action; (3) [the plaintiff’s] employer treated similarly situated employees outside of [the] protected class more favorably than [he] was treated; and (4) [the plaintiff] was qualified … The complaint clearly addresses the similarly situated / comparator requirement of establishing a prima facie case and does not allege that Smith did not commit the work-rule violation to establish a prima facie case.

United States v. Trinidad Flores-Sotelo

343 F. App'x 404 · Court of Appeals for the Eleventh Circuit · Aug 21, 2009

Second, the district court found that the three-level managerial role enhancement applied because the evidence clearly established that (1) there were two cells involved in the drug conspiracy, one of which was headed by … The district court did not clearly err in enhancing Flores-Sotelo’s sentence for his role as a manager or supervisor.

Marquise Robbins v. William Robertson

Court of Appeals for the Eleventh Circuit · Jul 23, 2019

Ct. 1532, 1540 (2018) (“A dispute qualifies for that exception only ‘if (1) the challenged action is in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation … Texas, 563 U.S. 277 (2011), and sovereign immunity bars RLUIPA claims for money damages against state officials in their official capacities, Sossamon, 563 U.S. at 280, 293.

Dunn v. Air Line Pilots Association

193 F.3d 1185 · Court of Appeals for the Eleventh Circuit · Oct 25, 1999

Consequently, the scab allegation was false, and the appel *1206 lants have established the falsity element of their libel claim. B. … This was clearly an attempt by ALPA to gauge the feelings of its members; it was not — as ALPA properly concedes — the equivalent of a membership vote on whether ALPA should strike.

Geoving Joseph Gerard v. Board of Regents

324 F. App'x 818 · Court of Appeals for the Eleventh Circuit · Apr 24, 2009

Moreover, the magistrate judge found that Gerard did not show that he was “so clearly more qualified” than Smith because he did not have more experience than Smith in interpreting contracts, a key requirement for the Project … Although Gerard contends that Bridges, the decision maker, knew of his protected retaliation claim – because he forwarded to Bridges copies of his February 2006 letter to Neely, in which he clearly laid out his claim for

Sandra Slater v. United States Steel Corporation

Court of Appeals for the Eleventh Circuit · Feb 24, 2016

We reversed the dismissal on the ground that “[t]he medical records [Taylor] submitted to the SSA do not clearly contradict his assertion that he is ‘qualified’ under the ADA.” Id. at 1423. … These actions, both taken under oath, are clearly inconsistent.

Orvel W. Lloyd v. Van Tassell

384 F. App'x 960 · Court of Appeals for the Eleventh Circuit · Jun 30, 2010

Thus, the district court determined that Card did not use excessive force when he restrained Lloyd and was entitled to qualified immunity. … “A factual finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

United States v. Yamilet Diaz

Court of Appeals for the Eleventh Circuit · Feb 24, 2021

Given this evidence, we conclude that the prosecution established the loss amount by a preponderance of the evidence and that the district court’s finding was not clearly erroneous. … Cao’s ledger also established Ms. Diaz’s recruitment of 150 Medicare beneficiaries.

Geico Marine Insurance Company v. Terry Miller

Court of Appeals for the Eleventh Circuit · Oct 17, 2024

“In the absence of a ‘judicially established federal admiralty rule,’ we rely on state law when addressing questions of marine insurance.” Id. (quoting Wilburn Boat Co. v. Fireman’s Fund Ins. … But this pro- vision is clearly within the “exclusions” provisions within the “coverages” sec- tion of the contract, and that part in the contract here saying there is coverage is an exception to the

Olga Lucia Buitrago Castro v. U.S. Atty. Gen.

140 F. App'x 901 · Court of Appeals for the Eleventh Circuit · Jul 25, 2005

Therefore, the IJ concluded Buitrago had not established she qualified as a refugee under the asylum statute. … Because Buitrago was unable to meet the lower standard of proof to show that she was qualified for asylum, she did not establish that she was entitled to either withholding of removal or CAT relief, both of which have a