Case law

Green v. FedEx National, LTL, Inc.

272 F.R.D. 611 · District Court, M.D. Florida · Mar 29, 2011

There is no magic number of class members that qualifies an action for certification. See Philadelphia Elec. Co. v. Anaconda Am. … The record evidence establishes that members of the proposed class were notified orally that there would be no more loads.

United States v. Madera

474 F. Supp. 2d 1257 · District Court, M.D. Florida · Jan 16, 2007

Id. at 97 , 123 S.Ct. 1140 (applying the Mendoza-Martinez factors to establish whether the law violates the Ex Post Facto Clause). … This rational basis test is clearly met through Congress’s desire to track sex offenders as they move between states, in order to promote the public safety. The Act, therefore, does not violate the Commerce Clause. IV.

Evans Energy Partners, LLC v. Seminole Tribe of Florida, Inc.

District Court, M.D. Florida · Sep 17, 2021

Given this leeway, the Court will address tribal sovereign immunity first. As explained below, the Court finds that STOFI has not clearly waived its tribal sovereign immunity. … Here, that means EEP “bears the burden of establishing a waiver of sovereign immunity.” Id. 4 Accord Memphis Biofuels, LLC v.

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....

Noble v. Tooley

125 F. Supp. 2d 481 · District Court, M.D. Florida · Nov 21, 2000

Clearly, in the instant case, any Fourth Amendment violation would be traceable to the alleged policy of the Defendants to conduct warrantless searches, and an injunction against such searches seems likely to redress such … This Court has little difficulty in concluding that the Plaintiffs have established a substantial likelihood of success on the merits. See, e.g., Chapman v.

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.

United States v. Lyons

726 F. Supp. 2d 1359 · District Court, M.D. Florida · Jul 20, 2010

The claimant has the burden of proof of establishing his entitlement to the certifícate. Humphrey v. … At trial, the government brought in expert witnesses to establish to the jury that the goods were not authentic.

Hepp v. Paul Revere Life Insurance

120 F. Supp. 3d 1328 · District Court, M.D. Florida · Jul 31, 2015

Doud informed Plaintiff that he did not qualify for “Total Disability” benefits, but rather only qualified for “Residual Disability” Benefits. (Doc. 146:15). … Clearly, this reference to ERISA is included in the March 9, 2012, letter that was allegedly re-sent sometime in September of 2012.

Burnette v. Ciolino

750 F. Supp. 1559 · District Court, M.D. Florida · Nov 19, 1990

This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence is viewed in the … 477 U.S. 317 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 , (1986), In our view the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to establish

Tramel v. Florida Attorney General (Duval County)

District Court, M.D. Florida · Jul 19, 2022

of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. … established federal law, did not involve an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state

Burnett

District Court, M.D. Florida · Apr 8, 2026

the complaint under section 1915(e)(2) and dismiss the complaint if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune … If Plaintiff chooses to replead, her amended complaint must clearly identify each separate claim for relief and must clearly delineate factual allegations and legal basis relevant to each claim and each defendant.

Pierce v. Commercial Warehouse

691 F. Supp. 291 · District Court, M.D. Florida · May 6, 1988

is not an independent link in the distributive chain and clearly exists solely to support some technical justification or shield for the grant or receipt of an unlawful price benefit. … When the manufacturer lacks sufficient contact with the indirect purchaser and/or sufficient control over the terms upon which he buys, the latter will not qualify as a “purchaser” within the meaning of the act.

Metropolitan Life Insurance v. Williams

82 F. Supp. 2d 1346 · District Court, M.D. Florida · Dec 30, 1999

Accordingly, the Agreement is preempted by ERISA unless it falls within the exception for a Qualified Domestic Relations Order. B. … Testimony established Mr. Holmes' telephone number as provided in the Agreement is still valid.

Smith v. Quintiles Transnational Corp.

509 F. Supp. 2d 1193 · District Court, M.D. Florida · Apr 10, 2007

Using this burden-shifting approach, the Plaintiff must first establish a prima facie case of discrimination by showing that: (1) she has a disability; (2) she is a “qualified individual with a disability;” and (3) Innovex … Here, the Plaintiff clearly did not exhaust her administrative remedies with regards to the allegations of age discrimination in her Complaint, because she never asserted those claims in the EEOC proceedings, and there is

United States v. Williams

476 F. Supp. 2d 1368 · District Court, M.D. Florida · Mar 6, 2007

The evidence clearly establishes that Defendants Williams and Bridley caused the lien documents to be mailed. Furthermore, the documents evince a clear intent to defraud. … In order to qualify as irreparable, harm or injury must be “actual and imminent.” Id.

Robson 200, LLC v. City of Lakeland

District Court, M.D. Florida · Mar 24, 2022

immunity. … In the alternative, Kaiser and Dehne are entitled to qualified immunity on the malicious prosecution claim.

Horton v. Metropolitan Life Insurance

459 F. Supp. 2d 1246 · District Court, M.D. Florida · Oct 17, 2006

Accordingly, Johns qualifies as a member of the settlement class. … Established rules of contract interpretation govern a class action settlement agreement. Monahan v.

Grimage v. Gwara

District Court, M.D. Florida · Aug 28, 2025

Summary of the Arguments In his Motion, Sergeant Gwara contends the Court should grant him summary judgment because he is entitled to qualified immunity and because Grimage failed to state … Mar. 4, 2020). 8 Because the Court finds Sergeant Gwara is entitled to summary judgment on this basis, the Court need not consider the issue of qualified immunity. 13 JaxP-12

Heidt v. Mid-State Federal Savings & Loan Ass'n

594 F. Supp. 695 · District Court, M.D. Florida · Oct 5, 1984

The well-established rule that the federal question must appear on the face of a well-pleaded complaint applies in removal cases. See Tennessee v. … The contention that defendant’s use of the due-on-sale clause is unauthorized by the mortgage clearly raises a state law question of contract interpretation.

Whitaker v. Power Brake Supply, Inc. (In Re Olympia Holding Corp.)

188 B.R. 287 · District Court, M.D. Florida · Jul 28, 1994

As the Court has said, we ‘are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention … Defendant clearly meets that standard.