Case law

Schiavo Ex Rel. Schindler v. Schiavo

357 F. Supp. 2d 1378 · District Court, M.D. Florida · Mar 22, 2005

A preliminary injunction is “an extraordinary and drastic remedy” and is “not to be granted unless the movant ‘clearly established the burden of persuasion’ as to the four prerequisites.” United States v. … Theresa Schiavo’s case has been exhaustively litigated, including an extensive trial, followed by another “extensive hearing at which many highly qualified physicians testified” to reconfirm that no meaningful treatment was

Trumbull v. Health Care & Retirement Corp. of America

756 F. Supp. 532 · District Court, M.D. Florida · Feb 6, 1991

SUMMARY JUDGMENT STANDARD 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 … group; (2) he was subjected to an adverse employment action; (3) he was replaced by someone either outside the protected group or, if within the protected group, by someone substantially younger than himself; and (4) he was qualified

Giordano v. The School Board of Lee County, Florida

District Court, M.D. Florida · Jan 2, 2020

§ 1983 for “unconstitutional deprivation of life”, plaintiff alleges that Coach Delgado violated Zachary’s clearly established and statutory rights to a safe environment while at summer football … immunity.

Vasquez v. Cheatham

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

The mere opportunity for suicide, without more, is clearly insufficient to impose liability on those charged with the care of prisoners.’” Snow v. … of a substantial risk of harm to an inmate may nevertheless be held liable under the Eighth Amendment if the risk was obvious and a reasonable prison official would have noticed it.”); Snow, 420 F.3d at 1270 (denying qualified

Anchor Hocking Corp. v. Jacksonville Electric Authority

419 F. Supp. 992 · District Court, M.D. Florida · Aug 10, 1976

It is clear to the Court, nonetheless, that the Venezuelan tax does not qualify as a tax anticipated, and allowed for, under § 3 of the contract. … Hawes, 37 F.R.D. 526, 529 (E.D.N.C. 1965); or if it is clearly invalid as a matter of law.

Colodny v. Iverson, Yoakum, Papiano & Hatch

838 F. Supp. 572 · District Court, M.D. Florida · Nov 19, 1993

Viewed in the light most favorable to the plaintiff, the Complaint properly alleges a cause of action for defamation including allegations of express malice to overcome the defense of qualified privilege and to justify a … Further, the letter makes no less than seven references to “this law firm” and “our office”, and with one exception, consistently uses the pronouns “us” - and “we”,- clearly referring to IVERSON.

Doe v. Directions For Mental Health, Inc.

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

To establish a prima facie case of disability discrimination, a plaintiff must show that: “(1) she is disabled, (2) she was a ‘qualified individual’ when she was terminated, and (3) she was discriminated against on account … lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working[,]” as well as “the operation of a major bodily function, including but not limited to, functions of the immune

Comley v. Lawson

District Court, M.D. Florida · Dec 8, 2023

A claim is frivolous as a matter of law where, among other things, the defendants are immune from suit or the claim seeks to enforce a right that clearly does not exist. Id. at 327. … “[A]n inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program is subpar in some theoretical sense.”

Ryals

District Court, M.D. Florida · Jan 7, 2026

A plaintiff must establish that she was disabled and a qualified individual, under the meaning of the Rehabilitation Act, during the relevant time period when the alleged discrimination occurred. … [s]he was a ‘qualified individual’ at the relevant time.”) (citation omitted).

Milledge v. McNeil

District Court, M.D. Florida · Feb 10, 2020

Qualified Immunity Defendants address the law governing qualified immunity and conclude that they “are entitled to qualified immunity because their actions were objectively … Given Defendants’ failure to identify the claims to which they believe they are entitled to qualified immunity, the Court denies the Motion in this regard. J.

Price v. City of Ocala

375 F. Supp. 3d 1264 · District Court, M.D. Florida · Apr 22, 2019

Robins , --- U.S. ----, 136 S.Ct. 1540 , 1547, 194 L.Ed.2d 635 (2016) (explaining that a plaintiff must "clearly ... allege facts demonstrating each element" (citation and internal quotation marks omitted) ). … Analysis of Price's Standing under Title II With this framework established, the Court turns to the City's Motion to Dismiss.

Harmatz

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

In sum, Plaintiff’s allegations do not establish diversity of citizenship.4 Because Plaintiff fails to establish the Defendants are organized as partnerships rather than corporations, they are citizens of every state … That said, the Court is aware of the arguments regarding qualified immunity and will address them if necessary at a later juncture.

Johnson v. Potter

732 F. Supp. 2d 1264 · District Court, M.D. Florida · Aug 10, 2010

To establish a prima facie case of discrimination, Johnson must show: (1) she is a member of a group protected by Title VII; (2) she was qualified for the position or benefit sought; (3) she suffered an adverse effect on … Under McDonnell Douglas, a plaintiff may establish a prima facie case of discrimination in promotion by showing that “(1) she belongs to a racial minority; (2) she was qualified for and applied for a position the employer

Desai v. Tire Kingdom, Inc.

944 F. Supp. 876 · District Court, M.D. Florida · Oct 30, 1996

To establish a prima facie case under the Americans with Disabilities Act (“ADA”), a plaintiff must prove that he is (1) disabled, (2) can perform the essential functions of his job with or without reasonable accommodations … The Charge (# 151951538) clearly indicates the Florida Commission on Human Relations as the state or local agency responsible for discrimination claims. Further, Mr.

Vega-Alvarez

District Court, M.D. Florida · Nov 17, 2025

Vega- Alvarez fails to establish a Giglio violation. Second, Mr. … He thus fails to qualify for the actual-innocence exception.4 Accordingly, it is ORDERED that: 1. Mr. Vega-Alvarez’s amended petition (Doc. 10) is DENIED. 2.

Jones v. Hogan Services, Inc.

District Court, M.D. Florida · Sep 2, 2025

If liability is well pled, it is established by virtue of a default judgment. Buchanan v. … “To establish a prima facie case for disability discrimination, a plaintiff must produce sufficient evidence to permit a jury to find that she: (1) is disabled, (2) is a qualified individual,

Small v. Amgen, Inc.

134 F. Supp. 3d 1358 · District Court, M.D. Florida · Sep 25, 2015

Rheumatoid Arthritis Rheumatoid arthritis is an autoimmune disease that occurs when the body’s immune system mistakenly attacks joints, cells, tissues, and other organs of the body. (Doc. # 82-1, p. 10.) … Florida law clearly provides that the duty to warn of a drug’s dangerous propensities runs to the physician, not the patient. See Mason, 27 So.3d at 77 .

Young

District Court, M.D. Florida · Dec 31, 2025

Instead, Affordable Care bears the burden of establishing a lack of causal connection. Id. … And the pleading states that her medical conditions affect her immune and lymphatic systems. (Id.) But those conditions aren’t discussed to any extent in the medical records.

Lewis

District Court, M.D. Florida · May 14, 2026

Likewise, a complaint may be dismissed as frivolous when the Court discerns from its face “that the factual allegations are clearly baseless or that the legal theories are indisputably meritless.” Davis v. … Title II of the ADA specifically targets public entities, providing that “no qualified individual with a disability shall, by reason of 3 J.S., III by & through J.S. Jr. v. Houston Cty.

Colodny v. Iverson, Yoakum, Papiano & Hatch

936 F. Supp. 917 · District Court, M.D. Florida · Aug 26, 1996

This commentary was clearly an expression of his legal theory of Dean’s pending defamation suit against Colodny. … In Florida, this doctrine is akin to a qualified privilege. From v. Tallahassee Democrat, Inc., 400 So.2d 52, 54 (Fla. 1st DCA 1981), rev. denied, 412 So.2d 465 (Fla.1982).