Case law

Cedrick Thomas v. Sheriff of Jefferson County, Alabama

Court of Appeals for the Eleventh Circuit · Oct 6, 2023

that the employer has failed to clearly articulate and follow its formal policies.” … Thomas fails to establish pretext and especially fails to establish pretext for dis- crimination.

United States v. Yoel Graveran-Palacios

Court of Appeals for the Eleventh Circuit · Oct 15, 2020

In combination, this evidence clearly supports a finding that the account number at issue in Yoel’s aggravated identity theft charge belonged to a real person. … The decision about whether a defendant qualifies for a minor role adjustment is a finding of fact that we review for clear error. Id. at 934.

Otis Elevator Company v. WG Yates & Sons Construction Company

589 F. App'x 953 · Court of Appeals for the Eleventh Circuit · Oct 17, 2014

When Chapman Sisson approved Otis’ revised shop drawings,3 it used a stamp that specifically qualified its approval by stating: “This review is only for general conformance with the design concept of the project and general … And the Subcontract clearly states that Yates’ and Chapman Sisson’s reviews of Otis’ shop drawings “shall not relieve [Otis] from responsibility or liability for any mistakes, error, or deviation, or of [Otis’] obligation

Angelia Lacy v. City of Huntsville Alabama

Court of Appeals for the Eleventh Circuit · Feb 2, 2022

The district court concluded that the exhibits attached to Lacy’s amended complaint established that Smartt was not a valid 1 Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2(a)(1). … However, the video did “not clearly show the Employee had ample time and distance to slow down and stop for the truck,” as the City’s request claimed.

United States v. Luis Fernando Bertulucci Castillo

568 F. App'x 774 · Court of Appeals for the Eleventh Circuit · Jun 10, 2014

A defendant may receive a two-level reduction under the sentencing guidelines if he “clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3E1.1(a). … In the absence of any evidence indicating such a promise from the government, Castillo cannot establish any error, much less plain error, on this basis.

Jamoliddin Mukhtorov v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Apr 8, 2024

For the same reason, he argues that he has established a well-founded fear of future persecution. … Given the totality of the evidence in the record, we cannot disturb the BIA’s conclusion that Mukhtorov failed to qualify for asylum.

Willie Owens v. Sergeant Johnson

Court of Appeals for the Eleventh Circuit · Apr 30, 2020

Gen., 712 F.3d 517, 530 (11th Cir. 2013) (a petitioner’s arguments must be “specifically and clearly identified it in its opening brief; otherwise, the claim will be deemed abandoned and its merits will not be addressed”) … Although there is no dispute that Owens’s broken arm qualified as a serious medical need, substantial medical documentation (much of it provided by Owens himself) demonstrates that he received extensive medical care beginning

United States v. Claude Lee Woods

216 F. App'x 931 · Court of Appeals for the Eleventh Circuit · Feb 9, 2007

Searches of vehicles, however, are an established exception to the requirement for a warrant. Id. … Because Woods disputed an element of the crime at trial, we conclude that the district court did not clearly err in finding that he failed to qualify for an acceptance of responsibility reduction.

Jenny Martin v. Eli Lilly & Co.

702 F. App'x 952 · Court of Appeals for the Eleventh Circuit · Jul 21, 2017

Lilly worked with ZS Associates to establish several “business rules” to determine which employees would be automatically placed in the newly-drawn territories and thus would be guaranteed to remain employed after the … Dist., 814 F.3d 1227, 1241 (11th Cir. 2016) (“[T]he School District’s refusal to renew Quigg’s contract was clearly an adverse employment action[.]”). See also Burlington Indus., Inc. v.

GRUPO HGM Tecnologias Submarina, S.A. v. Energy Subsea, LLC

Court of Appeals for the Eleventh Circuit · Jan 18, 2023

Here, the parties’ agreement that the con- tract is maritime clearly points us toward federal maritime breach standards. … Ingvartsen and Energy made several representa- tions that would qualify.

United States v. Alexis Mendez

284 F. App'x 653 · Court of Appeals for the Eleventh Circuit · Jun 30, 2008

The court found that it “certainly has the authority to depart downward for diminished capacity under Section 5K2.13,” and Mendez “clearly has a history of mental problems.” Id. at 20-21. … The party challenging the sentence carries the burden of establishing unreasonableness. United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005).

Mark A. Thompson v. DeKalb County, GA

Court of Appeals for the Eleventh Circuit · Nov 17, 2021

was qualified for the position he held; (3) he was terminated; and (4) he was replaced by someone “substantially younger” than him. … (“The fact that entry level employees are uniformly younger than persons terminated clearly has no significance.

United States v. David Lee Berry

Court of Appeals for the Eleventh Circuit · Oct 24, 2022

Here, the district court did not clearly err in concluding that Berry did not qualify for safety-valve relief. … Thus, he failed to meet his burden of establishing his eligibility for safety- valve relief. Id. at 90. III.

Henry Cazares-Zandre v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Oct 31, 2019

And it found the IJ did not clearly err in finding Cazares-Zandre had failed to “establish that she more likely than not will suffer torture by or with the acquiescence (including the concept of willful blindness) of a … United States Attorney General, 712 F.3d 517 (11th Cir. 2013), we remarked: Simply stated, [§ 1231(b)(3)(B)] gives the Attorney General discretion to deny withholding of removal to otherwise qualified aliens

Henry Cazares-Zandre v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Oct 31, 2019

And it found the IJ did not clearly err in finding Cazares-Zandre had failed to “establish that she more likely than not will suffer torture by or with the acquiescence (including the concept of willful blindness) of a … United States Attorney General, 712 F.3d 517 (11th Cir. 2013), we remarked: Simply stated, [§ 1231(b)(3)(B)] gives the Attorney General discretion to deny withholding of removal to otherwise qualified aliens

Lamar Walker v. Commissioner, Social Security Administration

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

We are also not persuaded by the claimants’ argument that affirming the magistrate judge’s decision would discourage qualified representation of Social Security claimants in the future. … Having established that the magistrate judge did not abuse his discretion in rejecting the contingent-fee agreements, we turn to the calculation of the reduced fee awards.

United States v. John Jairo Perlaza Carvajal

Court of Appeals for the Eleventh Circuit · Nov 19, 2007

Cruz, 106 F.3d 1553, 1557 (11th Cir. 1997). 4 require hospitalization for several days and qualify as “serious bodily injury.” … Accordingly, the district court did not clearly err when it denied Carvajal a two-level safety-valve reduction. B.

Thais Elaine Daniels v. Lloydstone Jacobs

Court of Appeals for the Eleventh Circuit · Oct 16, 2018

The nurse practitioners “were qualified to provide medical treatment to patients.” The nurse practitioners “could order diagnostic testing; make diagnoses; and prescribe medications.” … The court established a 4-month discovery period originally set to expire on August 14, 2015.

Akin v. Pafec Limited

991 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Jun 2, 1993

Bayberry, 783 S.W.2d at 560 (concluding that "shareholders may clearly bring a direct action for violation of personal rights, e.g., the right to vote or the right to compel the payment of dividends to which they are entitled … See In re King Memorial Hosp., Inc., 767 F.2d 1508, 1510 (11th Cir.1985) 17 This Court has held that a district court's disposition of jury demand issues is a non-final order which does not qualify as an immediately appealable

Anthony Boyd v. Warden,Holman Correctional Facility

856 F.3d 853 · Court of Appeals for the Eleventh Circuit · May 9, 2017

broad remedial statute that authorizes suit against any person who, under color of state law, “subjects or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities … First, the firing squad itself, the possible procedures for administering the firing squad, and the materials and personnel needed to perform the firing squad are clearly “known.”