Case law

Miles v. America Online, Inc.

202 F.R.D. 297 · District Court, M.D. Florida · Aug 3, 2001

Finally, named Plaintiffs must establish the adequacy of themselves and of counsel to represent the putative class. … “The adequate representation requirement involves questions of whether plaintiffs’ counsel are qualified, experienced, and generally able to conduct the proposed litigation, and of whether plaintiffs have interests antagonistic

Koeppel v. Romano

252 F. Supp. 3d 1310 · District Court, M.D. Florida · May 11, 2017

The Court previously dismissed Valencia and the Board based on Eleventh Circuit immunity. (Doc. 72). … This determination is supported by the well-established principle that certain types of speech are not protected by the First Amendment.

Gilbert Washington v. Primerica Life Insurance Company and The Honorable Steven D. Merryday

District Court, M.D. Florida · Mar 23, 2026

Furthermore, the factual allegations must go beyond “naked assertions” and establish more than “a sheer possibility” of unlawful activity. … is clearly absent).

Guardian Insurance Co. of Canada v. Liberty Mutual Insurance

742 F. Supp. 626 · District Court, M.D. Florida · Aug 14, 1990

The insurance policy written by Liberty for Alamo provided that “[ajnyone else is an insured while using with your permission a covered auto you own, hire, or borrow.... ” This language was qualified, *627 however, by another … The “Liability Insurance” paragraph clearly limited Alamo’s, and therefore Liberty’s, liability to the limits of the law as required in the State of Florida.

Diaz v. Hillsborough County Hospital Authority

165 F.R.D. 689 · District Court, M.D. Florida · Mar 27, 1996

Clearly not all aspects of this case present common issues. To the extent that Plaintiffs seek damages, they present unique *694 issues. … Prior to certifying a class, the Court must determine that Plaintiffs’ counsel are qualified, experienced, and generally able to conduct the litigation.

Speights & Runyan v. Butler (In re Celotex Corp.)

232 B.R. 488 · District Court, M.D. Florida · Nov 3, 1998

In order for such services to qualify as substantial contributions to a case, they must be of the type that foster and enhance the progress of reorganization. Id. at 944 . … The standard of review which this Court must now utilize in evaluating the correctness of the Bankruptcy Court’s fee order is well established.

Love v. Lee Memorial Health System

District Court, M.D. Florida · Jan 3, 2022

Plaintiff cannot establish the necessary elements of the claim. … would therefore qualify for sovereign immunity.

Gerow v. Newsom

District Court, M.D. Florida · Jul 25, 2024

While the immunity “‘extends only to actions taken within the sphere of legitimate legislative activity[,]’” id. … Mar. 2, 2023) (“Helping constituents is clearly related to the core Speech or Debate duties of a senator and should be protected by immunity.”).

Root v. Kling

District Court, M.D. Florida · Jul 16, 2020

In the Initial Motion, Kling argued that: Root failed to adequately allege a Fourth Amendment excessive force claim, Kling is entitled to qualified immunity, and Root improperly asserted a Fourteenth Amendment excessive … Notably, Kling does not reassert his previous arguments with respect to the sufficiency of the Fourth Amendment excessive force allegations or qualified immunity.

Signs, Inc. of Florida v. ORANGE COUNTY, FLA.

592 F. Supp. 693 · District Court, M.D. Florida · Apr 21, 1983

In summary, the County’s total ban on portable signs, while directed towards ligitimate governmental interest, has not been established as directly furthering those interests in some aspects, nor has it been established that … As to both of these, however, County clearly can enact restrictions to address these problems.

Marshall

District Court, M.D. Florida · Sep 23, 2025

immunity. . . . … Because Rule 60(c)(1) clearly bars relief from judgment here, and because no extraordinary circumstances exist that could constitute an objectively non-frivolous issue for appeal, Plaintiff’s appeal is frivolous.

Boatman

District Court, M.D. Florida · Jul 22, 2026

The Court must review the complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. … In addition, a plaintiff must allege and establish an affirmative causal connection between the defendant’s conduct and the constitutional deprivation. Marsh v.

Securities & Exchange Commission v. Yun

130 F. Supp. 2d 1348 · District Court, M.D. Florida · Jan 12, 2001

Case law clearly establishes that a mere gift is enough to establish a benefit or other self-serving use. See SEC v. Warde, 151 F.3d 42, 47 (2d Cir.1998). … As ruled on earlier from the bench, this Court finds that Burch’s statements to non-SEC investigators qualify as admissions under the co-conspirator hearsay exception.

Anderson v. State of Florida

District Court, M.D. Florida · Nov 15, 2022

An “injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the ‘burden of persuasion’ as to all four elements.” Horton v. … Halderman, 465 U.S. 89, 100 (1984) (“This Court’s decisions thus establish that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.”

Evans

District Court, M.D. Florida · Nov 6, 2025

For example, the absolute immunity of the defendant would justify the dismissal of a claim as frivolous. Id. at 640, n. 2. … The abstention doctrine established in Younger v.

Martino v. Campbell

District Court, M.D. Florida · Nov 1, 2021

Petitioner’s filing is a shotgun pleading because it contains numerous conclusory, vague, and immaterial facts that do not obviously relate to a cause of action and fails to clearly separate the various claims and … is otherwise DISMISSED without prejudice and with leave to file a petition or complaint that establishes the Court’s jurisdiction and complies with the Federal Rules of Civil Procedure.

Hiscox Insurance Company Inc. v. Luminous Salon LLC

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

Alternatively, Plaintiff argues that coverage is clearly precluded by the policy exceptions alleged in the Complaint. … , power or privilege, or as to some fact upon which the existence of such right, status, immunity, power or privilege does or may depend; (3) the plaintiff is in doubt as to the right, status, immunity, power or privilege

Schwarz v. City of Treasure Island

521 F. Supp. 2d 1307 · District Court, M.D. Florida · Oct 3, 2007

Plaintiffs argue that the City’s interpretation of the tourist dwelling definition has created a disparate impact on Plaintiffs because Gulf Coast clients cannot qualify as a “family” under the City’s Code. … an occupancy cap on unrelated individuals violate the FHA when the applicable code has not clearly established a procedure to allow a group of handicapped individuals to request a reasonable accommodation.

Hill v. Hester

District Court, M.D. Florida · Mar 4, 2024

bars any damages claims against him in his official capacity, and that he is entitled to qualified immunity. … Crosby, 379 F.3d 1278, 1289 (11th Cir. 2004) 2 Because the Court dismisses the second amended complaint for failure to state a claim, it need not address Warden Hester’s qualified-immunity argument.

Riley v. Adirondack Southern School for Girls

368 F. Supp. 392 · District Court, M.D. Florida · Dec 19, 1973

The question that is raised then becomes clearly defined as a new and novel issue, hitherto undecided by the Courts. … In the past, however, under-age but otherwise qualified students have been admitted if they possessed, in the judgment of Dr. Longstaff, the emotional maturity of a six year old.