Case law

Keith Stansell v. UBS Financial Services, Inc.

Court of Appeals for the Eleventh Circuit · Aug 23, 2022

López and his companies qualify as agencies or instru- mentalities of the FARC such that their assets can be garnished by the plaintiffs to satisfy their $318 million judgment. … In Stansell II we affirmed, as not clearly erroneous, the district court’s factual findings that certain third parties were agencies or instrumentali- ties of the FARC. See 771 F.3d at 742, 746.

Edward Eaves v. Work Force Central Florida

623 F. App'x 955 · Court of Appeals for the Eleventh Circuit · Jul 16, 2015

The court concluded that the discrimination claims failed because Eaves had not shown that he was qualified for the Re-employment Specialist position or that his remaining allegations about various disparities in the workplace … If the plaintiff establishes a prima facie case, the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for its adverse action. Crawford v.

United States v. Jose Reina-Salas

249 F. App'x 110 · Court of Appeals for the Eleventh Circuit · Sep 20, 2007

Likewise, his contention that the district court erred in placing the burden of proof on him is to no avail, as the defendant has the burden of proving that he qualifies for a mitigating-role reduction. … A defendant challenging his sentence bears the burden of establishing that it is unreasonable. United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005) (per curiam).

Jill Blackman v. Florida Department of Business and Professional Regulation

599 F. App'x 907 · Court of Appeals for the Eleventh Circuit · Feb 19, 2015

(putting aside organizational restructuring and renaming of positions) since [1991],” other evidence in the record clearly contradicts this statement. … Blackman Compared to Karr Karr qualifies as a proper comparator for Blackman under the EPA. Blackman supervises Karr in the Office of Operations, and Karr reports directly to Blackman.

United States v. Nidal Hatum

Court of Appeals for the Eleventh Circuit · Jan 14, 2026

Waked does not cite to any legal authority supporting his argument on this ground, so he has failed to establish plain error. See United States v. … Therefore, Waked has failed to establish plain error. See Johnson, 694 F.3d at 1195. 2.

Michael Zuppardo v. Steven S. Osher

413 F. App'x 142 · Court of Appeals for the Eleventh Circuit · Feb 3, 2011

At that point, as it is clear that either Zuppardo or BC Properties would qualify as bonafide purchasers under the Bankruptcy Code and the Trustee lacked authority to undo either sale transaction regarding Unit 19, the … Appx. 838, 839 (5th Cir. 2009) (unpublished) (“It is well established that a trustee has no standing to bring tort claims that belong exclusively to creditors of the bankruptcy estate.”); Williams v.

Billy Leon Kearse v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Aug 25, 2022

In either case, the phrase “clearly established federal law” refers to the Supreme Court’s “holdings.” See Williams, 529 U.S at 412. … In any event, even if Kearse had raised a proportionality claim, the Florida Supreme Court did not unreasonably apply clearly established law.

United States v. Will Robinson

208 F. App'x 787 · Court of Appeals for the Eleventh Circuit · Nov 30, 2006

Second, the district court’s fact finding as to the amount of marijuana was adequately supported by the evidence and was not clearly erroneous. … We conclude that the district court’s determination that Robinson had an aggravating role in the offense was not clearly erroneous.

Dunn v. Air Line Pilots Association

193 F.3d 1185 · Court of Appeals for the Eleventh Circuit · Oct 25, 1999

This was clearly an attempt by ALPA to gauge the feelings of its members; it was not – as ALPA properly concedes – the equivalent of a membership vote on whether ALPA should strike. … Finally, the appellants must establish that injury resulted from ALPA’s publication of the scab list.

United States v. Angela Dee Isley

369 F. App'x 80 · Court of Appeals for the Eleventh Circuit · Mar 10, 2010

regions was necessary because she relied upon the approvals to inform her decisions with respect to coding and because the evidence could be used to impeach government witnesses who testify that the coding she used was clearly … This is because the evidence failed to establish that she relied upon any MNA in making the coding decisions charged in the indictment.

United States v. Demetrius Antwon Johnson

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

For the district court’s fact finding to be clearly erroneous, we, “after reviewing all of the evidence, must be 6  USCA11 Case: 20-12784 Date Filed: 08/02/2021 … The government has the burden of introducing evidence sufficient to establish an enhancement by a preponderance of the evidence. United States v. Washington, 714 F.3d 1358, 1361 (11th Cir. 2013).

Iolyn Agata McEnough-Watson v. U.S. Atty. Gen.

156 F. App'x 293 · Court of Appeals for the Eleventh Circuit · Dec 5, 2005

the return receipts and the letters that she submitted to the 4 Although she contends that her repeated efforts to communicate with the INS about her change of address and the status of her application qualify … We have recognized that “[t]he statute clearly provides that notice to the alien at the most recent address provided by the alien is sufficient notice, and that there can be an in absentia removal after such notice.”

United States v. Leonardo Castelli

156 F. App'x 274 · Court of Appeals for the Eleventh Circuit · Dec 1, 2005

For certain purchasers who would not otherwise qualify for loans, Castelli created false, fraudulent, and counterfeit documents, which were submitted indictments for trial, and the motion was granted. … Therefore, the government has established that the mandatory nature of the guidelines did not contribute to the defendant’s ultimate sentences.

United States v. Thaddeus Rhodes

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

The Supreme Court in Taylor held that, under the categorial approach, attempted Hobbs Act robbery does not qualify as a USCA11 Case: 23-10989 Document: 33-1 Date Filed: 03/08/2024 Page: 12 of 17 … The evidence will be sufficient to support a conviction if “a reasonable trier of fact could find that the evidence established guilt beyond a reasonable doubt.”

Claudia Patricia Potes-Ibanez v. U.S. Atty. Gen.

327 F. App'x 189 · Court of Appeals for the Eleventh Circuit · Jun 15, 2009

Only when the director makes this finding would the alien need to produce “evidence which clearly and convincingly establishes that the marriage was entered into in good faith.” Id. … Ashcroft, 375 F.3d 693, 696 (8th Cir. 2004) (noting that “the approved visa petition normally suffices to qualify for the [bona fide marriage] exemption”).

Doyle Hamm v. Commissioner, Alabama Departme

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

Reversal is warranted “only if the district court applies an incorrect legal standard, or applies improper procedures, or relies on clearly erroneous factfinding, or if it reaches a conclusion that is clearly unreasonable … A preliminary injunction “is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to each of the four prerequisites.” Id.

Manuel Isaac Marquez, Sr. v. United States

684 F. App'x 843 · Court of Appeals for the Eleventh Circuit · Apr 6, 2017

follows improper procedures in making a 24  Case: 14-14614 Date Filed: 04/06/2017 Page: 25 of 53 determination, or makes findings of fact that are clearly … And counsel did cross examine Diaz, establishing that Marquez never mentioned the word “fires” to him, that he received immunity for his testimony in this case, and that he was threatened by the United States to testify

Wayne Johnson for Congress, Inc. v. Jeremy C. Hunt

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

Because “allowing [Johnson] to amend the[] 1 Following removal, Johnson moved to remand the action, arguing that in his proposed amended complaint, “the Georgia RICO claims . . . clearly and substantially … But he concedes that violations of the Equal Time Act—which says all “legally qualified candidate[s] for any public office” should be given “equal opportunities” to use broadcasting stations—do not

Robert L. Meriwether v. Bruce Chatman

292 F. App'x 806 · Court of Appeals for the Eleventh Circuit · Sep 9, 2008

much less as here, appointed counsel whom the state court noted was highly qualified and had prepared to proceed to trial). … established federal law is not the law of the lower federal courts, including this Court, the Garey and Jones en banc decisions do not constitute clearly established federal law for purposes of § 2254(d).

United States v. Matilda Jean Renfro

702 F. App'x 799 · Court of Appeals for the Eleventh Circuit · Jul 6, 2017

Renfro argues that because she was communicating thoughts and ideas, her speech cannot qualify as noise. … But the magistrate judge explicitly found that this rationale was unconvincing; this credibility determination was not clearly erroneous as Renfro herself testified that she was resistant and frustrated and had raised her