Case law

Ford v. Antonides

District Court, M.D. Florida · Oct 26, 2022

The tags on his car “clearly displayed” that he was a “Traveler – not for hire. Private Property.” (Id.) … 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.

Chavez

District Court, M.D. Florida · Jul 6, 2026

(Doc. 45 at 5) On June 14, 2023, the plaintiff, who then held a Class C license, re- mained 532 hours short of qualifying for a Class B license. … It creates free-floating anxiety, and your immune system then drops. And what does that lead to? Cancer. So, liter- ally, [the head of] HR is a cancer . . . [and] the manager of the . . .

Trinet Group, Inc. v. United States

359 F. Supp. 3d 1144 · District Court, M.D. Florida · Sep 17, 2018

Although Gevity's policy was clearly and admittedly to try to obtain payment from its client companies prior to or as close as possible to payment of wages to employees, (Dkt. 33 at 5), it is undisputed that, like the plaintiffs … earlier decisions, its intent to reach conduct preceding the "corrective" amendment must clearly appear.").

Decamp v. State Farm Fire & Casualty Company

District Court, M.D. Florida · Sep 7, 2021

Among other things, Gray concludes that “the State Farm policy clearly and unambiguously did not obligate State Farm to pay for the Guardianship or the Special Needs Trust.” (Id. … There was clearly never any such opportunity here.

Owings v. T-Mobile USA, Inc.

978 F. Supp. 2d 1215 · District Court, M.D. Florida · Aug 15, 2013

Offer, acceptance and consideration were clearly present in the formation of the contract. … An agreement to arbitrate was clearly set forth on the face of the signed Service Agreement.

Ameritox, Ltd. v. Millennium Laboratories, Inc.

889 F. Supp. 2d 1304 · District Court, M.D. Florida · Aug 23, 2012

Whether Millennium’s Representations Qualify as Commercial Activity The Lanham Act regulates actions that constitute “commercial advertising or promotion.” … In Count VII, Ameritox clearly intended to advance claims for unfair competition under the state laws of Arizona, Florida, California, New Hampshire, Tennessee, and Texas.

Torres

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

Per provider[,] you currently do not meet criteria to qualify for [a] cane or low bunk pass.” … Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal theories are “indisputably meritless,” id. at 327, or when the claims rely on factual allegations which are “clearly baseless.” Denton v.

Davis v. Mina

District Court, M.D. Florida · Dec 21, 2023

The party seeking sanctions under Rule 37 bears the burden of establishing that an opposing party failed to comply with Rule 26 or a discovery order. See DeepGulf Inc. v. Moszkowski, 333 F.R.D. 249, 253 (N.D. … The Defendants argue that they “are now forced [sic] with the prospect of filing a dispositive motion on the defense of qualified immunity without the benefit of Plaintiff’s deposition[,]” yet Defendants do not explain

Rice v. Rice

499 F. Supp. 2d 1245 · District Court, M.D. Florida · May 2, 2007

The burden of demonstrating the satisfaction of this standard lies with the movant, who must present pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, that establish … Clearly, the signed blank December 2004 deeds do not qualify as writings under the statute of frauds.

Schwade v. Total Plastics, Inc.

837 F. Supp. 2d 1255 · District Court, M.D. Florida · Nov 10, 2011

McCutchen’s plan states, “the purpose of the Plan is to provide coverage for qualified expenses that are not covered by a third party.” 663 F.3d at 673 . “Qualified” expenses; not “all” expenses. … In muscling aside established law, McCutchen invokes the venerable axioms of equity, but equity neither contrives to indulge the disqualified ERISA applicant of today nor contrives to burden the qualified ERISA applicant

Ball

District Court, M.D. Florida · Jun 3, 2026

Also, a federal court cannot grant habeas relief unless a petitioner demonstrates that the state court’s adjudication of the claim resulted in a decision that either was contrary to or unreasonably applied clearly established … Clearly established federal law refers to “the holdings, as opposed to the dicta, of [the U.S. Supreme Court’s] decisions as of the time of the relevant state-court decision.” Williams v.

Johnson v. Moore

472 F. Supp. 2d 1344 · District Court, M.D. Florida · Feb 7, 2007

by the Supreme Court of the United States,” or (2) “involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States.” … “The focus ... is on whether the state court’s application of clearly established federal law is objectively unreasonable, ... an unreasonable application is different from an incorrect one.” Bell v.

Wilson

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

Wilson is proceeding in forma pauperis, so the Court must review his complaint to determine if it is frivolous or malicious, seeks monetary damages against a party immune from such relief, or fails to state a claim. … A plaintiff must establish an objective component and a subjective component.

Taylor v. Wagner

District Court, M.D. Florida · Feb 11, 2022

Additionally, the employing agency is immune as a matter of law if the acts are so extreme as to constitute a clearly unlawful usurpation of authority the deputy does not rightfully possess or if there is not even a pretense … It is barred by sovereign immunity.

Beckman

District Court, M.D. Florida · Jan 13, 2026

To establish a prima facie case of disability discrimination under the ADA, a plaintiff must show that he (1) had a disability, (2) was a qualified individual, and (3) was subjected to unlawful … Beckman’s use was clearly not an “other use[]” authorized by the Controlled Substance Act.

Marrow v. E. R. Carpenter Company, Inc. d/b/a Carpenter Co.

District Court, M.D. Florida · Aug 18, 2025

Compl ¶ 7, it must, under COBRA, provide “each qualified beneficiary who would lose coverage under the plan as a result of a qualifying event,” which includes termination for reasons other than gross misconduct, with … the proposed class is ‘adequately defined and clearly ascertainable.’ ” , 691 F.3d 1302, 1304 (11th Cir. 2012) (quoting , 433 F.2d 733, 734 (5th Cir. 1970)).

Brown v. Walt Disney World Co.

805 F. Supp. 1554 · District Court, M.D. Florida · Nov 3, 1992

No one was immune to the rampant gossip and backbiting in the Wig Room. No one could avoid Wig Room politics and the factionalism nurtured by Wig Room management. … Mary Barnett testified that Brown was not promoted to Lead because she was not qualified to be a Lead.

Safety Harbor Powersports, LLC v. City of Safety Harbor, Florida

District Court, M.D. Florida · Jul 12, 2024

This waiver of sovereign immunity also applies to subdivisions of the State of Florida. See Trianon Park Condo. Ass’n, Inc. v. … City of Hialeah, 468 So. 2d 912, 919-21 (Fla. 1985) (including cities in its analysis of state sovereign immunity).

Meyer v. Hartford Life and Acc. Ins. Co.

320 F. Supp. 2d 1256 · District Court, M.D. Florida · Apr 24, 2004

After 24 months of benefits, the question is whether a claimant is disabled from performing the duties of any occupation for which the claimant is reasonably qualified by training, education, or experience. … Further, depositions in this case established that the alleged conflict of interest is minimal. (See dkt. 29, ex. C, Deposition of Annette Moore, pp. 22-25.)

Lozoya v. Secretary, Department of Corrections (Hillsborough County)

District Court, M.D. Florida · Mar 25, 2022

The phrase “clearly established Federal law” encompasses the holdings only of the Supreme Court of the United States “as of the time of the relevant state-court decision.” at 412. … Thus, Lozoya does not establish that granting such immunity was part of a plea deal to give Quijada leniency for his testimony in Lozoya’s trial.