Case law

Strickland v. United States

382 F. Supp. 2d 1334 · District Court, M.D. Florida · May 19, 2005

Quantum Meruit Plaintiff clearly had an express agreement with AMSEA to prepare and repaint a tank on the USNA ANTARES for which he was compensated in the previous state court action against AMSEA. … To establish an implied-in-fact contract, a plaintiff must prove: (1) a mutual intent to contract; (2) consideration; and (3) an offer and acceptance. Hanlin v.

Chingarev

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

But even if Plaintiff were pressing such a claim, Sergeant Sudano would seemingly be entitled to qualified immunity. … Miami-Dade Cnty., for example, the court evaluated an officer’s use of a taser on a handcuffed and restrained suspect who was cooperating with instructions—conduct that (as alleged) was clearly excessive force.

ZISSER v. Florida Bar

747 F. Supp. 2d 1303 · District Court, M.D. Florida · Mar 29, 2010

The Eleventh Circuit, affirming the district court and dismissing the case under Rooker-Feldman, explained that the federal suit was “clearly a challenge to a state court judicial proceeding....” Id. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. [She] must have more than a unilateral expectation of it.

Saito v. Lewis

District Court, M.D. Florida · Jul 26, 2023

Judge Foster thus may receive judicial immunity and that immunity makes any amendment as to Judge Foster futile. … lets a court issue a TRO without notice to the opposing party if two requirements are met: (A) specific facts in an affidavit or a verified complaint clearly

CITIZENS FOR POLICE ACCOUNTABILITY v. Browning

581 F. Supp. 2d 1164 · District Court, M.D. Florida · Aug 22, 2008

Plaintiffs assert that the best method of obtaining qualified signatures is to seek voters' signatures, after they have left a polling place or early voting site. ( Id. at ¶ 23.) … The ample historical evidence clearly established the necessity for such a restricted zone as to such conduct.

Owens v. Secretary, Department of Corrections (Hernando County)

District Court, M.D. Florida · Apr 10, 2025

Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one.” … Accordingly, “it is not ‘an unreasonable application of’ ‘clearly established Federal law’ for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme] Court

Leach v. Sarasota County

District Court, M.D. Florida · Jan 20, 2023

In its order, the Court found that Defendants were entitled to qualified immunity on each of Plaintiff’s claims. Id. at 12–38. … Because Plaintiff failed to establish that his constitutional rights were violated, his claims against the Sheriff were also due to be dismissed. Id. at 41–45.

Van Buren Industrial Investors v. Henderson (In Re Henderson)

341 B.R. 783 · District Court, M.D. Florida · May 9, 2006

A finding of fact is clearly erroneous when, “although there is evidence to support it, the reviewing court on the entire record is left with the definite and firm conviction that a mistake has been committed.” … Bankruptcy proceedings established that Van Buren’s capped claim was in excess of $2.69 million and that 6700 Development’s claim was at least over $300,000.

Sheets

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

Id. 11 Deputy Martin argues he is entitled to qualified immunity on Plaintiffs’ claims. (Doc. 49). But Plaintiff will be permitted one opportunity to amend them. … Until the Court understands the basis of Plaintiff’s claims, the Court does not reach the qualified immunity analysis. (citations omitted).

Kim XI Legacy Enterprise, LLC v. Eric J. Richardson

District Court, M.D. Florida · Jul 20, 2026

Because Kim XI invoked discovery protection, it bears the burden of establishing that the protection shields what it seeks to withhold—not the other way around. See Republic of Ecuador v. … “The standard for testing the adequacy of a privilege log is whether, as to each document, it sets forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that is claimed

Wendy's International, Inc. v. Nu-Cape Construction, Inc.

169 F.R.D. 680 · District Court, M.D. Florida · Nov 14, 1996

A court may grant a motion to alter or amend judgment if the moving party presents newly discovered evidence that was not available earlier or if the movant points to evidence in the record that clearly establishes manifest … In addition, there were clearly justiciable issues, and it was not reasonable for Nu-Cape to submit that no such issues existed.

Markun

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

For a request for production of cell phone records, the Order established that Mr. … P. 36(a)(4) (“A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify

Bramlett v. Masters

District Court, M.D. Florida · Oct 3, 2019

A claim is frivolous as a matter of law where, inter alia, the defendants are immune from suit or the claim seeks to enforce a right that clearly does not exist. Id. at 327. … Plaintiff seeks to enforce a claim that clearly does not exist, and therefore, his Complaint is deemed frivolous.

Cuyler v. Bay Pines VA Health Care Systems

District Court, M.D. Florida · Aug 23, 2023

Under both the ADA and Rehabilitation Act, the same standards are used to establish liability for discrimination and retaliation. J.S., III by & through J.S. Jr. v. Houston Cnty. … Rule 8 establishes “[t]he bare minimum a plaintiff must set forth in his complaint.” McCurry v. Metro. Life Ins. Co., 208 F. Supp. 3d 1251, 1255 (M.D. Fla. 2016).

Durance v. The School Board of Glades County, Florida

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

“[T]o establish a prima facie case of employment discrimination under the ADA, a plaintiff must demonstrate that (1) [s]he has a disability, (2) [s]he is a ‘qualified individual,’ which is to say, able to perform … function[s] including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

In Re Weisser

1 B.R. 206 · District Court, M.D. Florida · Sep 10, 1979

. *208 To qualify for Subchapter S status, the corporation and its shareholders must satisfy a number of strict statutory requirements. … Thus, although great weight is given the revenue rulings in considering factual and legal questions, they should not be followed when they are clearly in error or when a different factual situation is presented.

Dunn v. Global Trust Management, LLC

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

. § 5301, et seq., established the Consumer Financial Protection Bureau (“CFPB”). … immunity.

Blue-Grace Logistics LLC v. Fahey

District Court, M.D. Florida · Jan 26, 2023

(“Generic allegations do not establish a legitimate business interest.”). … Blue-Grace must point to evidence in the record establishing this point. Celotex Corp., 477 U.S. at 324; Morris v.

Eslinger v. State of Florida Department of Corrections

District Court, M.D. Florida · May 21, 2021

Alternatively, the causal connection may be established when a supervisor’s “custom or policy ... … under Florida law but confusingly combines the sovereign-immunity and qualified-immunity standards.

Lynch v. Secretary, Department of Corrections

897 F. Supp. 2d 1277 · District Court, M.D. Florida · Sep 25, 2012

either actual or presumptive bias pursuant to clearly established Supreme Court precedent). … , or an unreasonable application of, clearly established federal law.