Case law

SANDALWOOD CONDOMINIUM ASS'N v. Allstate Ins. Co.

294 F. Supp. 2d 1315 · District Court, M.D. Florida · Dec 3, 2003

Although the structure in Allen was in imminent danger of falling, the Allen court specifically rejected the notion that the damage to the insured building must render it inhabitable in order to qualify as "collapse" damage … The policy clearly states that the collapse damage must be caused only by "hidden decay" or "hidden insect or vermin damage."

Norman v. Amazon Payments Inc.

District Court, M.D. Florida · Oct 24, 2024

And lastly, while Norman lists Amazon, Corporation Service, and Norbut as Defendants, he does not clearly direct any of his allegations towards them. Id. … Irrespective of whether Norman qualifies as indigent for purposes of section 1915, his complaint is subject to dismissal because, at a minimum, it does not establish that the Court has subject matter jurisdiction over his

Clendenin v. Kennedy

District Court, M.D. Florida · Nov 17, 2023

“To establish fraudulent joinder, ‘the removing party has the burden of proving [by clear and convincing evidence] that either: (1) there is no possibility the plaintiff can establish … privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity

Wilson v. Walgreen Income Protection Plan for Pharmacists & Registered Nurses

942 F. Supp. 2d 1213 · District Court, M.D. Florida · Apr 29, 2013

Lewis gave conclusory, qualified, single-sentence responses to the first four questions. … McGrory clearly testified that the SPD did not “establish” the plan at issue in this litigation, and a review of the SPD reveals that it does not conform to all the requirements of section 1102(b).

Blue Cross & Blue Shield of Florida, Inc. v. Department of Banking & Finance

613 F. Supp. 188 · District Court, M.D. Florida · Jul 5, 1985

OPM is authorized by the Act to contract with qualified insurance carriers to provide health benefit plans such as the Government-wide Service Benefit Plan in the case sub judice. … Since uniformity was clearly one of the accomplishments Congress desired, and Florida is the only state not in compliance, the federal Act should preempt Florida’s state statute. 10 .

Duckett v. McDonough

701 F. Supp. 2d 1245 · District Court, M.D. Florida · Mar 25, 2010

Accordingly, Duckett has not shown that the Florida Supreme Court’s decision was contrary to or an unreasonable application of clearly established law. … The Court finds that the Florida Supreme Court’s decision comports with *1300 clearly established law.

Schindler v. Metropolitan Life Insurance

141 F. Supp. 2d 1073 · District Court, M.D. Florida · Apr 30, 2001

Instead, it appears to support the view that he is clearly capable of performing many types of work that is [sic] consistent with his education, training and experience, assuming that said work does not require prolonged … The Plan required Schindler to submit proof subsequent to the waiting period to establish that he continued to be totally disabled and under the regular care of a physician (,see Joint Exh 1, § A).

Fletcher v. Cartwright

District Court, M.D. Florida · Sep 11, 2025

immunity for claims brought against them in their official capacities; and (6) Fletcher’s request for punitive damages is barred under 18 U.S.C. § 3626(a)(1)(A). … immunity for claims brought against them in their official capacities, and that Fletcher is barred from seeking punitive damages.

Hodges v. Hunter

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

Thus, a plaintiff must establish that an official policy or custom of the municipality was the “moving force” behind the alleged constitutional deprivation. See Monell, 436 U.S. at 693–94. … A sheriff’s “decision regarding how to train [his] officers and what subject matter to include in the training is clearly an exercise of governmental discretion regarding fundamental questions of policy and planning

Bilzerian v. Shinwa Co. Ltd.

184 B.R. 389 · District Court, M.D. Florida · Jul 19, 1995

The burden is on the appellant to show that the Bankruptcy Court’s factual findings are clearly erroneous. … Berman [counsel for....] is here in this matter and moved is because the plan established the procedure for the settlement of compromises.

Southern Broadcast Group, LLC v. Gem Broadcasting, Inc.

145 F. Supp. 2d 1316 · District Court, M.D. Florida · Jun 7, 2001

The right to indemnification depends only on establishing that the warranty was breached. Id. at 1001. … Schwiep, Fraudulent Inducement Claims Should Always Be Immune From Economic Loss Rule Attack, 75 Fla.

Wilkins

District Court, M.D. Florida · Jul 24, 2026

force to restrain a prisoner, must first overcome the presumption of good faith afforded to an officer's use of force, whereby a corrections officer is only liable for damages if the force used is found to be clearly … However, he fails to establish that he has obtained or included the required medical expert opinion. Because Mr.

Reed v. Waters

District Court, M.D. Florida · Oct 18, 2024

Reed contends that the existence of a custom “was demonstrated … by the lack of any objection of any JSO officer on the scene … despite the search clearly violating JSO orders and policy.” Id. ¶ 95. … misconduct is required to pierce an officer’s statutory immunity.

WYNN OIL COMPANY v. Purolator Chemical Corp.

391 F. Supp. 522 · District Court, M.D. Florida · Aug 20, 1974

Quality of Legal Services: In the opinion of the court, the performance of counsel in conferences, motion arguments, briefs *525 and all other aspects of pretrial and trial work clearly indicates the excellent quality of … In general, they indicate that very substantial attorney’s fees are awarded to successful plaintiffs who establish Sherman Act violations.

PB Legacy, Inc. v. American Mariculture, Inc.

District Court, M.D. Florida · Oct 26, 2021

Gan studied nutrition, reproduction, and immunization concerning shrimp, fish, and other life forms. (Doc. #343-1, pp. 15-16.) Since 2015, Dr. … The record establishes that Dr. Gan does not have the requisite education or experience to be qualified as an expert on the designated topics. It is undisputed that Dr.

Ross v. State of Florida

District Court, M.D. Florida · Aug 25, 2020

A claim is also frivolous as a matter of law where the defendants are immune from suit or the claim seeks to enforce a right that clearly does not exist. Id. at 327. … A plaintiff must also allege and establish a causal connection between the defendant’s conduct and the constitutional deprivation. Marsh v.

Lyles v. K-Mart Corp.

519 F. Supp. 756 · District Court, M.D. Florida · Aug 4, 1981

While employed by K-Mart, both plaintiffs completed forms bearing the *758 heading “Tests to Qualify As An Executive.” … The exemption is to be applied only to those clearly and unmistakably within the terms and spirit of the exemption. Hodgson v. Colonnades, Inc., 472 F.2d 42 (5th Cir. 1973). 23.

Searcy

District Court, M.D. Florida · Nov 5, 2025

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably … 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.”

Bilzerian v. Securities & Exchange Commission (In Re Bilzerian)

276 B.R. 285 · District Court, M.D. Florida · Apr 2, 2002

Clearly, the only reason this case was filed was because of the SEC’s collection efforts. … Clearly, the only reason this case was filed was because of the SEC’s collection efforts.

Lockhart v. Cunningham

District Court, M.D. Florida · Jun 21, 2022

To successfully plead a § 1983 claim, a plaintiff must allege two elements: “(1) that the act or omission deprived plaintiff of a right, privilege or immunity secured by the Constitution or laws of the United States, … In his Complaint, Lockhart alleges that Cunningham decided Plaintiff no longer qualified for or should be prescribed a walker and medical passes.