Case law

Abdullah

District Court, M.D. Florida · Nov 21, 2025

He later states, “There is no qualified immunity available to the defendants sued in their individual capacities; Federal Employer may be found personally liable 1“It has long been settled that the Seventh Amendment right … established Federal Constitutional Laws.”

Moretto v. Wilson

District Court, M.D. Florida · Mar 4, 2024

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. … Rice, 40 F.3d 72, 75 (4th Cir. 1994) (“[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.”).

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

32 F. Supp. 2d 1308 · District Court, M.D. Florida · Nov 12, 1998

Clearly Plaintiffs are mistaken. … The Ordinance clearly satisfies both safeguards.

Sanchez v. Catholic Foreign Society of America

82 F. Supp. 2d 1338 · District Court, M.D. Florida · Oct 21, 1999

The facts, as established in the original complaint, are as follows. … Southwestern Baptist Theological Seminary, 651 F.2d 277, 283 (5th Cir.1981), reh’g den. 659 F.2d 1075 (5th Cir.1981), cert. den. 456 U.S. 905 , 102 S.Ct. 1749 , 72 L.Ed.2d 161 (1982) (non-ordained faculty at Baptist seminary qualify

Digitech Information Systems, Inc. v. BMW Financial Services NA, LLC

864 F. Supp. 2d 1289 · District Court, M.D. Florida · Mar 30, 2012

Clearly, a computer qualifies as a “machine.” This does not end the inquiry, however. … “Finally, in Diehr , the Court established a limitation on the principles articulated in Benson and Flook .

Hy Kom Development Co. v. Manatee County

837 F. Supp. 1182 · District Court, M.D. Florida · Nov 16, 1993

Since these decisions are clearly in conflict, this Court has searched for more recent precedent for guidance and finds the more recent decision of Villas of Lake Jackson, Ltd. v. … While Defendant gives a qualified admission to Plaintiffs averment 6 and denies Plaintiffs averments 38 and 40, this Court notes that the truth or accuracy of such allegations or responses is not a question as a matter of

Giral v. Nienuis

District Court, M.D. Florida · Oct 19, 2021

Our records indicate that you have an attorney assigned to your case number 20 CF 0645, therefore, you do not qualify for law library access.” (Id.) … “However, in order to assert a claim arising from the denial of meaningful access to the courts, an inmate must first establish an actual injury.” Id.

Goines v. Lee Memorial Health System

District Court, M.D. Florida · Mar 30, 2020

The jury’s verdict in the criminal case is not being offered to establish a “judicial act,” but to establish the factual existence of the Sexual Battery. … This exception clearly does not apply here. Additionally, the existence of this exception does not undermine the mutuality requirement.

Jones v. Commissioner of Social Security

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

To do otherwise amounts to awarding interest for which the United States has not waived sovereign immunity. Id.; accord United States v. … The party requesting fees must establish reasonableness. Norman v. Hous. Auth. of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988).

Sweezy v. Secretary, Department of Corrections (Polk County)

District Court, M.D. Florida · May 4, 2023

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.”

Osterback v. McDonough

549 F. Supp. 2d 1337 · District Court, M.D. Florida · Mar 25, 2008

Upon further review, the objection is overruled and PE 129 is admitted for the limited purpose of establishing the qualifications of Chase Riveland. … Clearly, the DOC’s mental health screening procedures do not result in any Eighth Amendment violation.

Ankner v. United States

District Court, M.D. Florida · Feb 29, 2024

“The proponent of the expert testimony bears the burden of establishing each requirement by a preponderance of the evidence....” Id. … The Court finds that the captive insurance program is clearly relevant to both the case in general and to the issue as formulated by Plaintiffs in particular.

United States v. Williams

481 F. Supp. 2d 1298 · District Court, M.D. Florida · Mar 1, 2007

It is now well established that sentencing is a two-step process. See United States v. Crawford, 407 F.3d 1174, 1178-79 (11th Cir.2005). … However, because Williams qualifies as a career offender under U.S.S.G. 4B1.1, 11 his guideline score is enhanced to offense level 34, producing a guideline range of 262-327 months.

Romanes v. Secretary, Department of Corrections

621 F. Supp. 2d 1249 · District Court, M.D. Florida · Nov 14, 2008

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.

United States ex rel. Bernier v. InfiLaw Corp.

311 F. Supp. 3d 1288 · District Court, M.D. Florida · Apr 23, 2018

Its stated mission was "to establish the benchmark of inclusive excellence in professional education for the 21st Century." ( Id. ¶ 30 .) … So no, Plaintiff's written disclosure in 2016 does not qualify her as an original source the first way.

Epolito v. Prudential Insurance Co. of America

523 F. Supp. 2d 1329 · District Court, M.D. Florida · Oct 10, 2007

Plaintiff cites to the burden-shifting principle established for cases concerned with plan interpretation. Defendant cites to the correct principle for factual determination cases. … Plaintiffs ability to perform daily activities is questionable based on her qualified responses to the VOC Form.

Cozzens v. Secretary, Department of Corrections (Pinellas County)

District Court, M.D. Florida · Aug 3, 2020

“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. … The phrase “clearly established Federal law” encompasses only the holdings of the United States Supreme Court “as of the time of the relevant state-court decision.” Williams, 529 U.S. at 412.

Bayside Enterprises, Inc. v. Carson

470 F. Supp. 1140 · District Court, M.D. Florida · May 17, 1979

Clearly, the City has a legitimate purpose in having such information as the names of the persons who are doing business within the City. … VI § 4 (“No person convicted of a felony shall be qualified to vote or hold office until restoration of civil rights . . .”), that is not the case here.

Murray v. Hartford Life & Accident Insurance

623 F. Supp. 2d 1341 · District Court, M.D. Florida · Jun 11, 2009

The administrative record establishes that Murray was capable of “light work” during the Elimination Period. Notably, on February 26, 2007, just two months after the accident, Dr. … Despite Murray’s assertions to the contrary, these capabilities clearly established Murray’s ability to perform light work on a full-time basis. See Archible v. Metro. Life Ins.

Cohen v. Kellogg

District Court, M.D. Florida · Aug 17, 2021

City of Bessemer City, 470 U.S. 564, 575 (1985) (discussing clearly erroneous standard under the Federal Rules of Civil Procedure). … habitation; 4) whether the debtor maintains at least a possessory right associated with the land establishing a physical presence; 5) whether the nontraditional abode has been physically maintained to allow long-term