Case law

United States v. Thomas Michael White

Court of Appeals for the Eleventh Circuit · Mar 2, 2021

If the evidence does not qualify as intrinsic, it may nevertheless be admissible as extrinsic evidence: “Evidence of any other crime, wrong, or act . . . … We conclude, however, that the district court’s obstruction findings were not clearly erroneous. See United States v.

United States v. Harold Jules

244 F. App'x 964 · Court of Appeals for the Eleventh Circuit · Aug 9, 2007

Eugene also challenges the district court’s decision to admit evidence of telephone subscriber records, arguing that they were inadmissible under the business records hearsay exception because the government failed to establish … conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified

Rosana Jones v. Aaron's Inc.

Court of Appeals for the Eleventh Circuit · Sep 4, 2018

An employer who fires a qualified employee with a disability violates the ADA if the employer would not have fired the employee but for her disability. McNely v. … Here, we assume arguendo that Jones established a prima facie case of ADA discrimination—namely, that (1) she was disabled, (2) she was a “qualified individual” when she was terminated by Aaron’s, and (3) she was discriminated

United States v. Roman Rodriguez

210 F. App'x 869 · Court of Appeals for the Eleventh Circuit · Dec 13, 2006

This admission is sufficient to establish the existence of at least two conspirators. … Accordingly, we conclude that the district court did not clearly err in denying safety-valve relief. III.

Nengkao Zhang v. U.S. Attorney General

154 F. App'x 152 · Court of Appeals for the Eleventh Circuit · Nov 8, 2005

Swann, 27 F.3d 1539, 1542 (11th Cir. 1994) (“Issues that clearly are not designated in the initial brief ordinarily are considered abandoned.”). … “Although the INA does not expressly define ‘persecution’ for purposes of qualifying as a ‘refugee,’ . . . we have discussed other circuits’ holdings that ‘persecution’ is an ‘extreme concept,’ requiring ‘more than a few

United States v. Eusebio Montana-Batalla

150 F. App'x 997 · Court of Appeals for the Eleventh Circuit · Oct 21, 2005

The district court did not clearly err in refusing to grant Montana-Batalla a minor-role reduction. … Thus, the district court did not err in determining that Montana-Batalla did not qualify for a minor- role reduction. B.

Willacy v. Secretary, Florida Department of Corrections

703 F. App'x 744 · Court of Appeals for the Eleventh Circuit · Jul 12, 2017

A petitioner must give the state courts “one full opportunity to resolve [his claim] by invoking one complete round of the State’s established appellate review process.” See O’Sullivan v. … 16  Case: 14-13797 Date Filed: 07/12/2017 Page: 17 of 25 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

United States v. Thomas Michael White

Court of Appeals for the Eleventh Circuit · Jan 29, 2021

If the evidence does not qualify as intrinsic, it may nevertheless be admissible as extrinsic evidence: “Evidence of any other crime, wrong, or act . . . … We conclude, however, that the district court’s obstruction findings were not clearly erroneous. See United States v.

United States v. Santas Hernandez

626 F. App'x 900 · Court of Appeals for the Eleventh Circuit · Sep 15, 2015

See CSX Transp., 235 F.3d at 1330 (“A primary factor which we consider in deciding a motion to supplement the record is whether acceptance of the proffered material into the record would establish beyond any doubt the proper … Given the discretion that we afford to district courts on evidentiary matters, the court here did not clearly err by viewing Ms.

United States v. Shelitha Robertson

Court of Appeals for the Eleventh Circuit · Jun 5, 2026

To establish a qualifying scheme, the government must prove the defendant made a material misrepresentation or omis- sion—that is, the kind of false statement or omission that has the tendency to influence … Rule 701 pro- vides, “If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly

Sherry Smith v. Social Security Administration

272 F. App'x 789 · Court of Appeals for the Eleventh Circuit · Apr 3, 2008

Prince record may establish that Smith was disabled as of 17 April 2006, this was not in the relevant time period. … Wilson evaluated her and concluded that she had major depression-recurrent and a GAF of 45, which would qualify her under listing § 12.04, and (2) Dr.

Jeff Goolsby v. Gain Technologies, Inc.

362 F. App'x 123 · Court of Appeals for the Eleventh Circuit · Jan 21, 2010

Goolsby stated: Clearly, you are encouraging me to file a lawsuit against you, Mike Ladney, and Gain Technologies. … Goolsby reiterated his claim that Kirkland and Kong qualified as experts and had presented sufficient expert evidence to rebut the Defendants’ undisputed facts on summary judgment.

Jeffrey Cross v. EquityExperts.org, LLC

Court of Appeals for the Eleventh Circuit · Nov 12, 2021

It also found that they suffered actual damages stemming from the lost opportunity to qualify for a home equity loan, the cost of defending the collection lawsuit, the loss of use of neighborhood amenities that they had paid … United States, 881 F.2d 1056, 1060 (11th Cir. 1989) (“We judge the district court’s award of damages by the clearly erroneous standard.

Secretary, U.S. Department of Labor v. Action Electric Company

868 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Jul 13, 2017

Martin, 499 U.S. at 156, 158 (“Giving the Commission the power to substitute its reasonable interpretations for the Secretary’s . . . would . . . clearly frustrate Congress’ intent to make a single administrative actor … During administrative proceedings below, the Secretary took the position that the Action employees’ observation of the fans qualified as both “setting up” and “inspecting” under the meaning of the regulation.

Rashad Baker v. State Farm Mutual Automobile Insurance Company

Court of Appeals for the Eleventh Circuit · Aug 18, 2022

“A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in ruling on class certification, makes clearly erroneous factfindings, or applies the law in an unreasonable … given that he based his opinion on a small and unrepresentative sample, other- wise opined that the 17(c) formula was incorrect 100% of the time based on his generalized knowledge and experience, and “was ad- mittedly not qualified

Roberto Mario Pineda-Buitrago v. U.S. Atty. Gen.

273 F. App'x 820 · Court of Appeals for the Eleventh Circuit · Apr 10, 2008

The BIA stated that the IJ’s adverse credibility finding was not clearly erroneous. … DISCUSSION To qualify for asylum, the applicant must establish his status as a “refugee.” See 8 U.S.C. § 1158(b)(1)).

Earlton Farquharson v. Citibank, N.A.

664 F. App'x 793 · Court of Appeals for the Eleventh Circuit · Oct 31, 2016

Instead, a federal court can only hear a claim if it falls into certain categories of claims established by the United States Congress. … Under, the FDCPA, a party qualifies as a debt collector “either by using an ‘instrumentality of interstate commerce or the mails’ in operating a business that has the principal purpose of collecting debts or by ‘regularly

Susan Drazen v. Mr. Juan Enrique Pinto

101 F.4th 1223 · Court of Appeals for the Eleventh Circuit · May 13, 2024

Finally, the plain text of (e)(4) clearly allows another round of notice for class members to opt out, even in our scenario. … First, we establish what Rule 23(h) requires when a district court considers an award of at- torney’s fees.

United States v. William Sardinas

386 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Jul 16, 2010

That finding was not tainted by any clearly erroneous fact findings or by any misunderstanding of the law. … He clearly did not require much, if any, encouragement.

United States v. William Angelo Marsh

663 F. App'x 888 · Court of Appeals for the Eleventh Circuit · Nov 2, 2016

As to the probable cause requirement, a litany of evidence establishes that law enforcement had probable cause to search Marsh’s vehicle. … The district court did not clearly err in finding that Marsh supervised at least one other participant in the conspiracy.