Case law

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.

Bramlett v. Peterson

307 F. Supp. 1311 · District Court, M.D. Florida · Dec 8, 1969

Judicial Immunity Under § 1983 The rule of judicial immunity under 42 U.S.C. § 1983 generally is restricted to damage suits and does not *1322 apply to suits for injunctive and protective relief. … Du Pont De Nemours & Co., 335 U.S. 331, 339-340 , 69 S.Ct. 85 (1948) (one need not be destitute to qualify to proceed in forma pauperis); Whittington v.

United States v. Aisenberg

247 F. Supp. 2d 1272 · District Court, M.D. Florida · Jan 31, 2003

But at the Franks hearing, both Burton and Blake admitted the word is “immunity” and not “abusing.” “Immunity” can be heard clearly. 65 Burton and Blake misquoted this conversation with reckless disregard. 66 8. … The court, addressing the issue of qualified immunity, restated the rule in this circuit: "[A]n officer would not be entitled to qualified immunity when 'the facts omitted ... were ... so clearly material that every reasonable

McKeon v. VAICAITIS, SCHORR, RICHARDS

785 F. Supp. 965 · District Court, M.D. Florida · Feb 24, 1992

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 … Plaintiff also alleges that she was paid substantially less than similarly qualified and less qualified male CRNAs, despite the fact that she performed substantially more work and more difficult assignments.

Anderson v. Huffman

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

First, a plaintiff must establish a prima facie case of retaliation. See McDonnell Douglas, 411 U.S. at 802. … Santelises, 240 So. 3d 89, 91 (Fla. 3d DCA 2018) (immunity “not discernible from the four corners of the complaint” because complaint did not establish “that [defendant] was required by administrative rule to

Ross v. City of Orlando

141 F. Supp. 2d 1360 · District Court, M.D. Florida · Jun 4, 2001

State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the *1363 United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Clearly, the ordinance prevents residents from parking certain vehicles on their residential property unless the residents meet certain requirements, and those requirements — that the vehicles be parked on a concrete slab

Ratley v. Inch

District Court, M.D. Florida · Dec 13, 2024

They also argue they are entitled to qualified immunity.7 See id. at 19-21. … immunity.

Sphinx International, Inc. v. National Union Fire Insurance

226 F. Supp. 2d 1326 · District Court, M.D. Florida · Sep 13, 2002

In the instant case, as Defendant has pointed out, both policies state clearly that the Defendant has no obligation to defend Plaintiffs. … As noted previ *1341 ously, the insureds were sophisticated businessmen who clearly understood how to read a contract.

Epic Aviation, LLC v. Phillips (In re Phillips)

483 B.R. 254 · District Court, M.D. Florida · Nov 9, 2012

To obtain a stay pending appeal from a bankruptcy court pursuant to Rule 8005, the following standard must be satisfied: “[T]he movant must clearly establish: (i) that the movant is likely to prevail on the merits of its … The motion was timely made, a hearing was conducted, and the Order was not clearly erroneous.

American Charities for Reasonable Fundraising Regulation, Inc. v. Pinellas County

189 F. Supp. 2d 1319 · District Court, M.D. Florida · Nov 13, 2001

Plaintiffs assert that the facts listed above clearly establish that Plaintiffs never advise charities on where mailings should be sent. … Plaintiffs establish that the record clearly supports their arguments. Defendants failed to rebut this evidence and relied on mere conclusional allegations.

Hager v. Venice Hospital, Inc.

944 F. Supp. 1530 · District Court, M.D. Florida · Oct 30, 1996

In Lawler , the alleged interference with the doctor/doctor and doetor/patient relationships were clearly only an indirect result of the termination of the plaintiffs staff privileges. Lawler at 1263 . … Florida courts, following Sherman Antitrust Act precedent, have clearly recognized that hospitals have a right to enter into exclusive service provider contracts. In Horgan v.

Pace

District Court, M.D. Florida · Jul 15, 2026

(finding the Secretary of the FDC was immune from suit in his official capacity). … Second, to the extent Plaintiff pursues an individual-capacity claim against Defendant Lamb, “[i]t is well established in this Circuit that supervisory officials are not liable under § 1983 for the unconstitutional

Philadelphia Indemnity Insurance v. Kohne

294 F. Supp. 2d 1319 · District Court, M.D. Florida · Dec 10, 2003

Finally, Philadelphia’s control over Budget’s actions is evi *1328 denced by the fact that Budget could only sell the SLI policies to qualifying renters. … “[F]raud can be established only by clear and convincing evidence and ... every one of the elements making up fraud must be clearly proven.” Biscayne Boulevard Properties, Inc. v. Graham, 65 So.2d 858, 859 (Fla.1958).

Stapleton v. State Farm Fire & Casualty Co.

11 F. Supp. 2d 1344 · District Court, M.D. Florida · Jul 29, 1998

Case-law within this district has clearly indicated that federal common law and statutory law preempts state common law and statutory remedies. Friedman v. … This Court has established that state law causes of action are preempted by the NFIA. Friedman , at 348.

Witbeck v. Embry Riddle Aeronautical University, Inc.

219 F.R.D. 540 · District Court, M.D. Florida · Jan 13, 2004

ERAU’s presentation of the record shows that Wit-beck cannot establish an element essential to his Rehabilitation Act claim. … Although the rule has not been explicitly overruled in the Eleventh Circuit, it has clearly lost force over the years.

Jackson v. Secretary Department of Corrections (St. Johns County)

District Court, M.D. Florida · Mar 21, 2024

§776.032 provided that it was the Defendant’s burden to establish entitlement to immunity; therefore, the Court concurs with Mr. … Stat. §776.032 has since been amended shifting the burden to the prosecution to establish the Defendant is not entitled to immunity. Ch. 2017-72, Laws of Fla.”

Caruso v. City of Cocoa, Florida

260 F. Supp. 2d 1191 · District Court, M.D. Florida · May 1, 2003

GENERALLY “[T]o establish a prima facie case of discriminatory failure to promote, a plaintiff must prove: (1) that he is a member of a protected class; (2) that he was qualified for and applied for the promotion; (3) that … At the time of the promotion, they were members of a protected class, they were qualified for the promotion, and an equally qualified or less qualified employee was promoted in their place.

Smith v. Williams

819 F. Supp. 2d 1264 · District Court, M.D. Florida · Sep 26, 2011

(b)General Duties of ERISA Fiduciary: The general principles regarding an ERISA fiduciary’s duties are well established. … Orion Stock constitutes “qualifying employer securities” within the meaning of 29 U.S.C. § 1107 (d)(5)(A).

McCoy v. Geico General Insurance

510 F. Supp. 2d 739 · District Court, M.D. Florida · Jan 22, 2007

Prima Facie Case To establish a prima facie case of employment discrimination under the ADA — under either theory — a plaintiff must demonstrate that: (1) he has a disability; (2) he is a “qualified individual;” and (3) the … Although Plaintiff’s medical records are limited, this does not preclude his establishment of a disability.

Sanders v. Starling

District Court, M.D. Florida · Aug 27, 2020

Defendant Harrold maintains that Sanders fails to state plausible Eighth Amendment claims against her, and that she is entitled to qualified immunity. See Harrold Motion at 6-18. … immunity.