Case law

Opinions from 1658 to today.

Filtersca11

9,466 results

1.51s

  • Gold Coast Publications, Incorporated v. Corrigan

    42 F.3d 1336 · Court of Appeals for the Eleventh Circuit · Dec 30, 1994

    We accept the district court's findings of fact unless they are clearly erroneous and review questions of law de novo. … In addition, the definition of "equivalent" in Section 22-156(c)--"the same size, dimensions and style of the specified newsrack"--furnishes neutral criteria to guide the Public Works Director's determination of what qualifies

    Cited 0 timesPublished
  • Patterson Ceus v. City of Tampa

    Court of Appeals for the Eleventh Circuit · Feb 3, 2020

    Ceus claims that the district court erred in finding none of his internal complaints qualified as statutorily protected activity. Title VII recognizes two forms of statutorily protected conduct. … See Burlington Northern, 548 U.S. at 68 (noting that Title VII does not set out a “civility code” and that an employee is not immunized from “petty slights or minor annoyances” that are common in the workplace by reporting

    Cited 0 timesUnpublished
  • United States v. Joseph Peter Clarke

    600 F. App'x 709 · Court of Appeals for the Eleventh Circuit · Mar 17, 2015

    For one thing, the instructions clearly and correctly set forth the elements of the offense before erroneously referring to “drug trafficking” when defining the term “possess.” … An error is plain only if precedent of this Court or the Supreme Court or the unequivocal language of a statute establishes that the decision was erroneous. United States v.

    Cited 2 timesUnpublished
  • First Specialty Insurance v. 633 Partners, Ltd.

    300 F. App'x 777 · Court of Appeals for the Eleventh Circuit · Nov 25, 2008

    Neither party disputed this fact and the employee’s deposition testimony clearly supported its veracity. See id. at 1150. … The assault and battery exclusion would also qualify for inclusion as an applicable endorsement designated in the binder.

    Cited 57 timesUnpublished
  • United States v. Larry Battle

    168 F. App'x 402 · Court of Appeals for the Eleventh Circuit · Feb 24, 2006

    United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi, to say that Almendarez- Torres clearly authorizes a judge to resolve the dispute.” Id. at __, 125 S.Ct. at 1262. … Insofar as the district court’s enhancement of Battle’s offense level under § 924(e) and U.S.S.G § 4B1.4 merely involved determinations that he had prior qualifying convictions, the enhancement

    Cited 0 timesUnpublished
  • Oats v. Singletary

    141 F.3d 1018 · Court of Appeals for the Eleventh Circuit · May 19, 1998

    Oats is unable to establish cause for not raising the issue in a timely manner, and is unable to establish actual prejudice from the alleged error. See Wainwright v. Sykes, 433 U.S. 72, 90-91, 97 S. … [and] may appoint not exceeding three disinterested qualified experts to examine the defendant and testify at the hearing as to his mental condition.”

    Cited 0 timesPublished
  • D. Bruce McMahan v. William A. Toto

    256 F.3d 1120 · Court of Appeals for the Eleventh Circuit · Jul 10, 2001

    C.P.L.R. 7804(g), and the breach of contract claim was clearly raised in the pleadings, we think that claim actually was decided against MBM and McMahan in Bass. See Grubb v. … As the Florida Supreme Court has noted: Under this statute, the legislature did not give judges the discretion to determine whether it is reasonable to entitle qualifying plaintiffs to fees.

    Cited 0 timesPublished
  • Diana Berber v. Wells Fargo Bank, N.A.

    Court of Appeals for the Eleventh Circuit · Jan 8, 2019

    This is because, it held, Painter could not qualify as an “employer” under the FPWA. … This case is clearly distinguishable -- as we’ve explained, the unimpeached evidence at the time of removal indicated that Wells Fargo was Berber’s employer, not Painter.

    Cited 0 timesUnpublished
  • D. Bruce McMahan v. William A. Toto

    256 F.3d 1120 · Court of Appeals for the Eleventh Circuit · Jul 10, 2001

    C.P.L.R. 7804(g), and the breach of contract claim was clearly raised in the pleadings, we think that claim actually was decided against MBM and McMahan in Bass. See Grubb v. … As the Florida Supreme Court has noted: Under this statute, the legislature did not give judges the discretion to determine whether it is reasonable to entitle qualifying plaintiffs to fees.

    Cited 0 timesPublished
  • United States v. Jeffrey Michelotti Bissell and Theophilos E.M. Nicholis, Defendants- United States of America v. Carlos Caraballo-Sandoval and Henry Caraballo-Sandoval, Defendants- United States of America v. Rolando Zaldivar, Sr., United States of America v. Carlos Caraballo-Lujan

    866 F.2d 1343 · Court of Appeals for the Eleventh Circuit · Apr 13, 1989

    We disagree. 21 The Sixth Amendment comprehends a qualified right to select and be represented by counsel of choice because "were a defendant not provided the opportunity to select his own counsel at his own expense, substantial … Sec. 846 (counts 11 and 12); of traveling in interstate commerce in order to manage and establish a smuggling operation, in violation of 18 U.S.C.

    Cited 0 timesPublished
  • 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. Id. at 452.

    Cited 0 timesPublished
  • Michael B. Brown v. Synovus Financial Corporation

    Court of Appeals for the Eleventh Circuit · Aug 19, 2019

    Even if Brown could establish a prima facie case, Synovus contended, he could not establish that Synovus’s legitimate, non-discriminatory reason for his termination—poor performance—was a pretext for discrimination. … employer treated similarly situated employees outside his classification more favorably, and (4) he was qualified to do the job.

    Cited 0 timesUnpublished
  • Bari E. Martz v. Commissioner, Social Security Administration

    649 F. App'x 948 · Court of Appeals for the Eleventh Circuit · May 19, 2016

    Griscom concluded that Martz’s scleroderma qualified for a one-year closed period of disability beginning on the date of her stem cell transplant. Dr. … To establish a disability based on subjective testimony of pain and other symptoms, the claimant must establish: “(1) evidence of an underlying medical condition; and (2) either (a) objective medical evidence confirming

    Cited 23 timesUnpublished
  • United States v. Mayico Alphonso Golden

    284 F. App'x 646 · Court of Appeals for the Eleventh Circuit · Jun 30, 2008

    Fernandez, 234 F.3d 1345, 1347 n.2 (11th Cir. 2000) (per curiam). 9 regarding the facts that he claimed established entrapment by estoppel. … The district court, therefore, did not clearly err in applying a two-level obstruction of justice enhancement.

    Cited 0 timesUnpublished
  • United States v. Antonio Akel

    337 F. App'x 843 · Court of Appeals for the Eleventh Circuit · Jul 24, 2009

    U.S.S.G. § 2D1.1 We review a district court’s interpretation of the Guidelines de novo, but accept the district court’s factual findings unless they are clearly erroneous. United States v. … The weapon enhancement should be applied if a weapon was present, unless it was clearly improbable that the weapon was connected with the offense. U.S.S.G. § 2D1.1, comment. (n.3).

    Cited 6 timesUnpublished
  • United States v. Fernando Alvarez

    265 F. App'x 830 · Court of Appeals for the Eleventh Circuit · Feb 19, 2008

    The defendant has the burden to establish his role in the offense by a preponderance of the evidence. United States v. De Varon, 175 F.3d 930, 939 (11th Cir. 1999) (en banc). … Accordingly, the district court did not clearly err in denying Alvarez’s request for a mitigating-role reduction. B.

    Cited 0 timesUnpublished
  • United States v. Julian Gil

    581 F. App'x 766 · Court of Appeals for the Eleventh Circuit · Sep 12, 2014

    Gil asserts that the trial court applied the wrong legal standard in admitting evidence of the conduct 3 The law enforcement agent in question had been qualified as an expert. … For example, there was evidence tending to establish that Gil alerted Jorge to a police presence during a failed attempt to receive what Jorge believed to be heroin.

    Cited 0 timesUnpublished
  • Gary Conns Collision Center, Inc. v. State Farm Mutual Automobile Insurance Company

    Court of Appeals for the Eleventh Circuit · Mar 6, 2020

    Ct. at 17 (“[A] provision governing the time to appeal in a civil action qualifies as jurisdictional only if Congress sets the time.”). … These allegations do not establish that State Farm acted without right or justifiable cause.

    Cited 0 timesPublished
  • United States v. Santonio Juvon Jackson

    Court of Appeals for the Eleventh Circuit · May 1, 2020

    After establishing that Chesnet expected to receive between $4,000 and $18,000 in cocaine from Jackson, counsel continued: Q. All right. So we’re going to double down. … Did you have a well-established history of selling drugs on consignment for Mr. Jackson from March to September? A. Yes, sir. Q.

    Cited 0 timesUnpublished
  • Joseph W. Carpenter v. Commissioner of Social Security

    614 F. App'x 482 · Court of Appeals for the Eleventh Circuit · Aug 17, 2015

    Instead, SSR 96-6p clearly states that an updated medical opinion is only required when the ALJ is of the opinion that the additional medical evidence may change the finding that an impairment is not equivalent to any of … The ALJ qualified that finding by pointing out that a psychiatrist had diagnosed Carpenter with generalized anxiety disorder, insomnia, and depression, and had prescribed Valium and Lexapro to Carpenter.

    Cited 37 timesUnpublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.