Case law
Opinions from 1658 to today.
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 timesPublishedPatterson 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 timesUnpublishedUnited 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 timesUnpublishedFirst 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 timesUnpublished168 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 timesUnpublished141 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 timesPublishedD. 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 timesPublishedDiana 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 timesUnpublishedD. 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 timesPublished866 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 timesPublished145 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 timesPublishedMichael 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 timesUnpublishedBari 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 timesUnpublishedUnited 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 timesUnpublished337 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 timesUnpublishedUnited 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 timesUnpublished581 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 timesUnpublishedGary 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 timesPublishedUnited 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 timesUnpublishedJoseph 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
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