Case law

Motorcity Of Jacksonville, Ltd. v. Southeast Bank N.A.

83 F.3d 1317 · Court of Appeals for the Eleventh Circuit · May 8, 1996

108 S.Ct. at 403. 64 Dunmar involved a borrower's tort claims arising from a failed S & L's oral representations that it would lend additional monies to the borrower, extend the time for payment of a loan, and permit a qualified … Motorcity is clearly seeking to recover for economic losses 27 Were it not for the D'Oench doctrine, Motorcity might have a viable contract claim based upon alleged oral agreements and representations.

TWC Acqua Limited v. RFIB Group Limited

Court of Appeals for the Eleventh Circuit · Nov 7, 2024

“Marine insurance contracts qualify as maritime contracts, which fall within the admiralty jurisdiction of the federal courts and are governed by maritime law.” GEICO Marine Ins. Co. v. … Thus, the entry of default, which establishes RFIB’s admission to the well- pleaded allegations of TWC’s complaint, will also be moot.

Tony D. Thompson v. Hugh Smith

173 F. App'x 729 · Court of Appeals for the Eleventh Circuit · Mar 6, 2006

“[A] determination regarding a party’s diligence is a finding of fact that ‘will not be disturbed unless clearly erroneous.’” Id. (quoting Walters v. … The record clearly demonstrates, however, that Thompson diligently prosecuted his first federal habeas petition.

United States v. Brian Newton

Court of Appeals for the Eleventh Circuit · Mar 7, 2019

We conclude that the district court’s calculation of loss attributable to Newton was not clearly erroneous. … Clearly, the district court had committed an error that was plain.

United States v. Ishmael Grant

320 F. App'x 898 · Court of Appeals for the Eleventh Circuit · Dec 2, 2008

The lender relies on the forms sent by the broker in making its decision about whether a given borrower qualifies for a mortgage loan. … Finally, Grant objected to the four-level aggravating- role enhancement, because the only person whom he controlled was his wife, and he was “clearly a follower” who was taken advantage of by Patterson.

John Eldon Smith v. Ralph M. Kemp, Superintendent, Georgia Diagnostic & Classification Center

715 F.2d 1459 · Court of Appeals for the Eleventh Circuit · Nov 28, 1983

The state record as a whole clearly shows that Hasty communicated to Maree the idea that he would be tried first and the death penalty sought unless he testified against Smith. … Evidence presented to the habeas corpus court showed that a Witherspoon qualified jury is guilt-prone and hence more likely to convict at the guilt phase of a bifurcated trial.

Faith Sherrard v. Macy's System and Technology Inc.

Court of Appeals for the Eleventh Circuit · Feb 5, 2018

Macy’s, the defaulting party, bore the burden of establishing good cause. See African Methodist Episcopal Church, Inc. v. … Henderson, 434 F.3d 826, 835 (6th Cir. 2006) (listing potential reasons a delay may qualify as sufficient prejudice under Rules 55(c) and 60(b)).

LeRoy Pernell v. Commissioner of the FL State Board of Education

Court of Appeals for the Eleventh Circuit · Jul 7, 2026

So we first consider whether Garcetti extends, full-force, to professors teaching in classrooms, thereby qualifying their lectures as “employee USCA11 Case: 22-13992 Document: 156-1 Date Filed … the establish- ment questions raised by Dr.

Thomas M. Utterback v. Craig B. Morris

Court of Appeals for the Eleventh Circuit · May 21, 2025

Second, he asserts that the district court erroneously took the truth of the statements about Utterback’s criminal history 3 We limit our review on appeal to those issues that are “specifically and clearly … “was involved in the illegal drug trade”—is substantially true. 5 As 5 The district court rejected this theory of implied defamation on the alterna- tive ground that the grammatical tense, context, and qualified

United States v. Henry Salas-Paredes

278 F. App'x 889 · Court of Appeals for the Eleventh Circuit · May 16, 2008

Second, he argued that he qualified for a two-level reduction under § 2D1.1(b)(11), which requires satisfaction of the conditions for the § 5C1.2 safety valve provision. … Therefore, the district court did not clearly err by refusing to give Salas-Paredes the one-level reduction.

United States v. Brian Deronceler

Court of Appeals for the Eleventh Circuit · Mar 22, 2018

Proving the existence and scope of the conspiracy was clearly relevant to the conspiracy offenses with which he was charged. … The district court’s determination whether the defendant qualifies for a minor role reduction is a finding of fact we review for clear error. Id. at 937.

United States v. Toochukwu Okorie

Court of Appeals for the Eleventh Circuit · Jun 22, 2026

Importantly, “[a] defendant who enters a not guilty plea makes intent a material issue which imposes a substantial burden on the government to prove intent, which it may prove by qualifying Rule 404 … Although the district court clearly considered Okorie’s prior sentence when making its decision, such a consideration was not erroneous.

Sherrell Dowdell-Mcelhaney v. Global Payments Inc

Court of Appeals for the Eleventh Circuit · May 31, 2024

accompanying [sic] a pay raise.” 7 Upon review, we find no error in the district court’s entry of summary judgment on Dowdell-McElhaney’s failure to promote claims because (1) the evidence clearly … /31/2024 Page: 18 of 22 18 Opinion of the Court 23-10334 a protected class, (2) that she was subjected to an adverse employment action, (3) that she was qualified

Julian Depot Miami, LLC v. Home Depot U.S.A., Inc.

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

App. 2019) (using the series-qualifier canon to conclude a contract was unambiguous and citing Antonin Scalia & Bryan A. … The context of this lease establishes that this use of “shall” means “may.” We cannot give “shall” a mandatory meaning here when it is joined with the clearly permissive phrase “at its election.”

Gaudencio Garcia_Celestino v. Consolidated Citrus Limited Partnership

Court of Appeals for the Eleventh Circuit · Aug 2, 2018

This occurred despite the fact that Consolidated Citrus established a thorough auditing process to monitor Ruiz Harvesting’s finances. … STANDARD OF REVIEW On review after a bench trial, we accept all of the district court’s factual findings unless they are clearly erroneous, but we consider legal issues de novo.

Trevor Mayers v. United States Department of Immigration and Naturalization Service Attorney General, Janet Reno, Efrain Gutierrez-Martinez v. Janet Reno, Attorney General of the United States Doris Meissner, Commissioner of Immigration and Naturalization

175 F.3d 1289 · Court of Appeals for the Eleventh Circuit · May 20, 1999

Generally, statutes should not be applied retroactively unless "Congress has clearly manifested its intent" to do so. Hughes Aircraft Co. v. United States ex rel. … "Cancellation of removal" relief is available for aliens whose criminal convictions do not qualify as "aggravated felonies." See IIRIRA § 304(a), codified at 8 U.S.C.A. § 1229b (West 1999).

J.P.F.D. Investment Corporation v. United Specialty Insurance Company

Court of Appeals for the Eleventh Circuit · Apr 16, 2019

In this event, each party will select a qualified, impartial appraiser. The two appraisers will select a qualified, impartial umpire. … Specifically, JPFD argues that: (1) the district court clearly erred in finding that USIC was unaware of JPFD’s lawsuit when it demanded an appraisal under the policy and, at a minimum, the district court should have held

United States v. Richard H. Maclean, Jr.

227 F. App'x 844 · Court of Appeals for the Eleventh Circuit · Jun 4, 2007

Scott Emerson, the trust technical advisor for the IRS who was qualified to give expert testimony with regard to trust taxation, testified that the Apente Management Group documents in evidence showed that a trust was established … Specifically, they argue that: (1) the government had to establish the existence of an assessment of the taxes owed as a condition precedent to establishing tax evasion; and (2) the government failed to establish that

Elan Pharmaceutical v. Employers

144 F.3d 1372 · Court of Appeals for the Eleventh Circuit · Jun 26, 1998

Pfizer's complaint clearly concerns the commercialization of Nifelan, the product Elan hoped would compete with Pfizer's drug. … The contract language clearly limits coverage to suits alleging that the stockholder's liability arises out of the relationship.

United States v. Shaquandra Woods

Court of Appeals for the Eleventh Circuit · May 14, 2025

When a defendant pleads not guilty, her intent becomes a material issue, which the government may establish through qualifying Rule 404(b) evidence. Edouard, 485 F.3d at 1345. … Woods describes Parker’s testimony about the threat as “false” and “clearly improbable.”