Case law

Lopez v. Geico General Insurance Co.

196 F. Supp. 3d 1270 · District Court, M.D. Florida · Jul 22, 2016

Those cases established and applied the “innocent insured” doctrine, which states that fraud committed by a coinsured will not void the coverage of an innocent coin-sured unless clearly stated in the policy. … The policy clearly provides that named insureds fall within the definition of “you” and that any vehicle “owned by you” but not listed on the declarations page is not a temporary substitute auto.

McCrimmon v. Centurion of Florida, LLC

District Court, M.D. Florida · Feb 8, 2021

The individual Centurion Defendants also invoke qualified immunity. Id. at 18. … Accordingly, they may not invoke qualified immunity. See, e.g., Richardson v. McKnight, 521 U.S. 399, 412 (1997) (holding private prison guards “do not enjoy qualified immunity from suit in a § 1983 case”).

First Vagabonds Church of God v. CITY, ORL., FLA.

578 F. Supp. 2d 1353 · District Court, M.D. Florida · Sep 26, 2008

Therefore, the Court finds that the OFNB Plaintiffs are conveying a message that is likely to be, and is in fact being, understood by the public and that the group feedings held by OFNB qualify as expressive conduct under … TR at 244-46. *1361 While the City clearly has the right to regulate the use of its parks, this Ordinance does not do so.

Daytona Beach General Hospital, Inc. v. Weinberger

435 F. Supp. 891 · District Court, M.D. Florida · Aug 19, 1977

Section 1491 . 9 But, as clearly defined in United States v. … The 1972 amendments established that recoupment of a provider for payments for non-covered services is assumed.

Parker v. Midland Credit Management, Inc.

874 F. Supp. 2d 1353 · District Court, M.D. Florida · Jun 15, 2012

First, the defendant must qualify as a “debt collector,” an issue which is not disputed here. The parties agree that Defendant is a “debt collector” under the statute. … Neither the Eleventh Circuit nor any other circuit has established a bright-line rule for determining whether a communication from a debt collector was made in connection with the collection of any debt.

Powell v. Pinellas County

District Court, M.D. Florida · Jul 10, 2023

Valley Forge Dental Associates, Inc., 276 F.3d 1275, 1279 n.4 (11th Cir. 2001), reasons that neither Bragdon nor Dekalb establishes a per se rule that HIV amounts to a disability. … ADAAA) establishes no per se rule that HIV (or any other impairment) amounts to a disability. Thus, Waddell’s rejection of HIV as a per se disability remains in effect.

Dvoinik v. Republic of Austria

District Court, M.D. Florida · Feb 24, 2025

Under the Foreign Sovereign Immunities Act (“FSIA”). … Act: A Guide for Judges 69–70 (2018) (“As is often the case under the FSIA, standards established for the foreign state differ from those established for its agencies and instrumentalities.”).

Stewart v. Doe

District Court, M.D. Florida · Mar 4, 2025

[h]owever distressing” cannot establish a claim under the Eighth Amendment. Edwards v. Gilbert, 867 F.2d 1271, 1273 n.1 (11th Cir. 1989). … immunity).

Levinson v. LHI Holding, Inc. (In Re LHI Holding, Inc.)

176 B.R. 255 · District Court, M.D. Florida · Nov 29, 1994

This court refuses to read words into a statute or establish a construction that quite simply is not there. Establishing new statutory language is a job better suited for the legislature. … Quite obviously, certain aspects of the agreement in question are sufficient to qualify it as an employment contract.

Sabo v. Chater

955 F. Supp. 1456 · District Court, M.D. Florida · Nov 7, 1996

The etiology and pathology of the disorder have not been established. Although there are no generally accepted criteria for the diagnosis of cases of CFS, an operational concept is used by the medical community. … Nelson is a gynecologist and his area of expertise is not “immune disorders, orthopedics, psychology, or psychiatry”.

Whynot

District Court, M.D. Florida · Apr 28, 2026

If the state court proceedings have not concluded, this Court’s review or modification of state court orders would clearly interfere with them. … “Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction....

Johnson v. Curry

District Court, M.D. Florida · Aug 8, 2022

Johnson states neither defendant is entitled to immunity, including Eleventh Amendment immunity and qualified immunity, because their “conduct was not reasonable” and he seeks no “monetary damages.” D1 ¶ 40. … or Congress has overridden the immunity.

600 Cleveland, LLC v. Bank of America, N.A.

District Court, M.D. Florida · Sep 19, 2025

In contrast, “opinion work product enjoys a near absolute immunity and can be discovered in only very rare and extraordinary circumstances.” Cox v. Adm'r U.S. … Bank fails to establish the requisite diligence or good cause to modify the CMSO and extend the discovery deadline.

Smith v. The Florida Gulf Coast University Board of Trustees

District Court, M.D. Florida · Sep 22, 2025

It is undisputed that Smith was qualified for the job – FGCU has never challenged her qualifications nor asserted that she was not qualified to be police chief. … Reporting Sandora’s information to Strensrud was clearly protected activity under Title VII.

Doe v. Connecticut General Life Insurance Company

District Court, M.D. Florida · Aug 3, 2021

Nor does the Plaintiff sufficiently allege facts to establish a claim under Section 1985 or which civil rights he alleges Defendants conspired to violate. See Farese v. … As alleged, Tirado-Baker, Duck, the Clerk of Court, and Judge Barbas are also entitled to absolute immunity from the Plaintiff’s claims. Bolin v.

Florida Medical Ass'n v. Department of Health, Education, & Welfare

947 F. Supp. 2d 1325 · District Court, M.D. Florida · May 31, 2013

by the Health Care and Education Reconciliation Act of 2010, because CMS will disclose identifying Medicare Part B data to qualified entities to create provider performance reports and will publish those reports even if … It1 is not that the Privacy Act was intended to establish any absolute right of privacy, ...; but for those personal privacy rights which would be invaded in a clearly unwarranted manner by the disclosure of individually

Lafayette v. Owens

District Court, M.D. Florida · Sep 10, 2024

Simply put, Plaintiff does not establish the requirements of a temporary restraining order or preliminary injunction as is required by the Local Rules or Federal Rule of Civil Procedure 65. See M.D. Fla. … Sparkman, 435 U.S. 349, 356-57 (1978) (A judge enjoys “absolute immunity from suit for judicial acts performed within the jurisdiction of his court.”)).

Armstrong v. Lockheed Martin Beryllium Corp.

990 F. Supp. 1395 · District Court, M.D. Florida · Dec 12, 1997

As additional grounds for summary judgment and/or dismissal, Defendant argues that Plaintiff cannot establish a prima facie case because Plaintiff was not a qualified individual with a disability as defined by the statute … To establish a prima facie ease, Plaintiff must establish the following elements: (1) she has a disability; (2) she is a qualified individual; and (3) she was subjected to discrimination because of her disability.

National Fire & Marine Insurance v. Adoreable Promotions, Inc.

451 F. Supp. 2d 1301 · District Court, M.D. Florida · Aug 18, 2006

The undisputed facts establish that Defendant Adoreable Promotions, Inc. … Once the moving party satisfies its burden, the burden shifts to the non-moving party to establish the existence of a genuine issue of material fact. Celotex, 477 U.S. at 324, 106 S.Ct. 2548 ; Howard v.

Henderson v. Milillo

District Court, M.D. Florida · Sep 30, 2024

on all counts, but they indicate that they “cannot, in good faith, clearly articulate their right to qualified immunity in this motion given the incoherent form and content of Henderson’s pleading.” … Because the Court is permitting Henderson to file an amended complaint, Defendants may assert qualified immunity if Henderson does so.