Case law

State Farm Mutual Automobile Insurance v. Physicians Group of Sarasota, L.L.C.

9 F. Supp. 3d 1303 · District Court, M.D. Florida · Mar 25, 2014

Unlawfully rendered services, however, cannot qualify as adequate consideration. … The language of Section 456.053(5)(d) clearly establishes a payor’s right to a refund, and the provision cannot rightfully be considered as a tool to ensure the public’s safety or welfare.

Self v. Allstate Insurance Company

345 F. Supp. 191 · District Court, M.D. Florida · Jun 9, 1972

Jur., Infants, Sect. 33, p. 340, “The guardian ad litem is responsible to the minor for his conduct in connection with the litigation as if he were a regularly qualified guardian.” … Plaintiff’s Exhibit 1 (the Allstate file) conclusively establishes the extent to which the carrier controlled the case.

Hall v. Jones

District Court, M.D. Florida · Jun 9, 2023

The Eleventh Circuit has similarly held that “Youngberg establishes that the due process rights of the involuntarily civilly committed are at least as extensive as the Eighth Amendment … Nor will the Court consider whether the defendants are entitled to qualified immunity in their individual capacities on the basis that no clearly established Supreme Court or Eleventh Circuit

Armstrong v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Feb 5, 2024

Thus, the sentencing court can impose an HFO sentence if it finds that the defendant has prior qualifying felony convictions. … Upon thorough review of the record, the Court finds that the state court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Benford v. Ferman Chevrolet and Mazda of Tampa

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

Accordingly, where the court determines from the face of the complaint that the factual allegations are clearly baseless or the legal theories are without merit, the court may dismiss the complaint before service of process … Moreover, even if Plaintiff’s Complaint was sufficient to establish a viable federal claim, she has still failed to establish indigent status entitling her to a waiving of the filing fee.

Dove v. Flagler County School Board

District Court, M.D. Florida · Nov 14, 2022

The School Board also acknowledges that Dove can establish the second element for seven of the eight positions because she applied for them and was qualified. See id. … “To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.” Id. at 255 & n.9.

Larrabee v. Masarone

District Court, M.D. Florida · Sep 11, 2019

Defendants argue that they are entitled to qualified immunity because Plaintiff has failed to state a claim for a constitutional violation as to Defendant Rochelle. (Doc. 24.) … “It is well established in this circuit that supervisory officials are not liable under Bivens for the unconstitutional acts of their subordinates on the basis of respondeat superior or vicarious liability.”

Stancil

District Court, M.D. Florida · Mar 5, 2026

If “‘the evidence does not clearly explain what happened . . . the party with the burden loses.’” Beeman, 871 F.3d at 1225 (quoting Romine v. Head, 253 F.3d 1349, 1357 (11th Cir. 2001)). … Nevertheless, the Court ultimately determined that each of those prior Virgina convictions were qualifying offenses under the ACCA.8 Id. at 27-33.

Loggerhead Turtle v. COUNTY COUNC., VOLUSIA COUNTY

120 F. Supp. 2d 1005 · District Court, M.D. Florida · May 17, 2000

no-driving conservation zone is established. … (PSS) for management of sea turtles and the establishment of a comprehensive program to educate County staff, the general public, and the private tourism sector concerning conservation efforts on the beach; 3) establishing

Estate of Arlene Townsend v. Shumaker Loop & Kendrick, LLP

District Court, M.D. Florida · Oct 31, 2019

City of Fort Lauderdale, 145 F.3d 1278, 1281 n. 3 (11th Cir. 1998) (“Because we may resolve the qualified immunity issue in this case without reaching the [issue of standing … of Educ. of the City of Atlanta, 105 F.3d 591, 595 (11th Cir. 1997) (declining pendent appellate jurisdiction because the qualified immunity issue could be resolved “without reaching the

Bemesderfer v. United Parcel Service, Inc.

District Court, M.D. Florida · Oct 18, 2023

UPS also cited Albertson’s for the proposition that an employer need not justify its general adherence to a “clearly applicable, unamended substantive regulatory standard.” … The Court found that Albertson’s was not on point and held the Plaintiff is a “qualified individual.” (Id. at p. 6).

Alcott v. Centurion of Florida, LLC

District Court, M.D. Florida · Jan 29, 2025

8 To the extent Defendants claim sovereign immunity, the record is not dispositive on this issue. … Because there is no evidence to establish what information was told to Dr.

Environmental Manufacturing Solutions, LLC v. Peach State Labs, Inc.

274 F. Supp. 3d 1298 · District Court, M.D. Florida · Aug 14, 2017

Peach State fails to establish any causal link between the work completed by the local counsel and EMS’s misconduct. 5. … Clearly, the contempt sanction in.that case was compensatory.

Holzendorf v. Star Van Systems, Inc.

District Court, M.D. Florida · Jun 8, 2022

“The work product privilege provides only a qualified immunity from discovery.” Atlantic Recording Corp. v. Spinrilla, LLC, No. 1:17-cv-00431- AT, 2018 WL 6362660, *21 (N.D. Ga. Sept. 28, 2018). … “As work product is a ‘qualified privilege,’ it can thus be waived ‘when the covered materials are used in a manner that is inconsistent with the protection.’”

Grau v. Florida Department of Corrections

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

The required “causal connection” can be established “when a history of widespread abuse puts the responsible supervisor on notice of the need to correct the alleged deprivation, and he fails to do so[,]” Brown v. … Fla. 1996) (noting that the FDOC is “a state agency that is clearly the equivalent of the State of Florida for Eleventh Amendment purposes”).

Family Health Centers of Southwest Florida, Inc. v. Secretary, Florida Agency for Health Care Administration

District Court, M.D. Florida · Dec 10, 2021

When at the pleading stage, as here, the plaintiff “must clearly . . . allege facts demonstrating each element.” Spokeo, 578 U.S. at 339 (citation and footnote omitted); Tsao v. Captiva MVP Rest. … Thus, the Blessings factors establish that § 1396a(bb)(3) confers a private right enforceable through § 1983.

Arenal v. City of Punta Gorda, Fla.

932 F. Supp. 1406 · District Court, M.D. Florida · Jul 17, 1996

The Court has already established supra that Arenal’s activities greatly concerned the public. … First, the City argues that it is immune from punitive damage claims under 42 U.S.C. § 1983 . The Court agrees with the City, see City of Newport v.

Granite State Outdoor Advertising, Inc. v. City of St. Pete Beach, FL

322 F. Supp. 2d 1335 · District Court, M.D. Florida · Jan 13, 2004

The term “Billboard,” which was not previously defined, is defined as “a sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, available … Granite State concedes that the individual defendants (Friszolowski and Bonfield) are entitled to qualified immunity based on this Court’s prior conclusion in Granite State Outdoor Advertising, Inc. v.

Poole v. Williams

District Court, M.D. Florida · Mar 31, 2022

Court to dismiss this case at any time if the Court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief against a defendant who is immune … Section 1915(e)(2)(B)(i) dismissals should be ordered only when the legal theories are “indisputably meritless,” id. at 327, or when the claims rely on factual allegations which are “clearly baseless.”

Harris v. Commissioner of Social Security

District Court, M.D. Florida · Oct 18, 2021

The burden of establishing the existence of federal subject matter jurisdiction lies with the party that brings the claim. Sweet Pea Marine, Ltd. V. … And some decision by the Secretary is clearly required by the statute. Id.