DAVID E. ELLIOTT, JR., AN INCAPACITATED ADULT BY AND THROUGH HIS GUARDIAN, BARBARA V. ELLIOTT, BARBARA V. ELLIOTT, INDIVIDUALLY, PLAINTIFFS-APPELLEES,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLANT
DAVID E. ELLIOTT, JR., AN INCAPACITATED ADULT BY AND THROUGH HIS GUARDIAN, BARBARA V. ELLIOTT, BARBARA V. ELLIOTT, INDIVIDUALLY, PLAINTIFFS-APPELLEES,
UNITED STATES OF AMERICA, DEFENDANT-APPELLANT
28 F.3d 1076
Court of Appeals for the Eleventh Circuit (1994)
Negative Treatment
Cited by 28 cases
Opinion of the Court
Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges of this Court in active service having voted in favor of granting a rehearing en bane, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Gheila Allen v. Tyson Foods, Inc., 121 F.3d 642 (11th Cir. 1997)…3d at 1538; Huddleston v. Roger Dean Chevrolet, Inc., 845 F. 2d 900, 904 (11th Cir.1988). The question of constructive knowledge is an issue of fact. Faragher, 111 F. 3d at 1538, Reich v. Department of Conservation and Natural Resources, Alabama, 28 F. 3d 1076, 1082 (11th Cir.1994). Moreover, “a court must evaluate the totality of the circumstances both in determining whether the work environment was abusive and in determining whether the conduct was pervasive enough to put the employer on notice.” Farag…
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Allen v. The Bd. OF Pub. Educ. FOR Bibb Cnty., 495 F.3d 1306 (11th Cir. 2007)…e work. The reason that the employee performed the work is also not relevant. “[I]f the employer knows or has reason to believe that the employee continues to work, the additional hours must be counted.” Reich v. Dep’t of Conservation and Nat. Res., 28 F. 3d 1076, 1082 (11th Cir.1994) (citing 29 C.F.R. § 785.11). In order to prevail on their claim in this case, Plaintiffs must prove that they were suffered or permitted to work without compensation. 29 U.S.C. § 201 et seq. Courts have interpreted this to me…
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Faragher v. City OF Boca Raton, 111 F.3d 1530 (11th Cir. 1997)…xual harassment but had constructive knowledge because of the harassment’s pervasiveness. The question of constructive knowledge is an issue of fact reviewed for clear error. Reich v. Department of Conservation and Natural Resources, State of Ala., 28 F. 3d 1076, 1082 (11th Cir.1994). The City contends that the district court’s finding that the City had constructive notice of the harassment is clearly erroneous and, therefore, that the City may not be held directly liable for the harassment. Faragher resp…1 / 2
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- Elliott v. Elliott, 13 F.3d 1555 (11th Cir. 1994)