Case law

Castle v. Sangamo Weston, Inc.

650 F. Supp. 252 · District Court, M.D. Florida · Jul 17, 1986

A general rule on front pay was established by the First Circuit in Wildman v. … Although Bass was qualified and had not received a bad performance evaluation, his job was one which Morgan found necessary to eliminate.

Andrews v. Ciccone

District Court, M.D. Florida · Jan 3, 2024

Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082. … Eleventh Amendment Immunity Ciccone argues that he is entitled to Eleventh Amendment immunity to the extent he is being sued in his official capacity. Motion at 12-13.

Graham v. Internal Revenue Criminal Investigation Unit

District Court, M.D. Florida · Jan 2, 2025

upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See id. § 1915(e)(2). If the complaint is deficient, the Court is required to dismiss the suit sua sponte. … Moreover, the amended complaint must clearly state the basis for the Court to exercise jurisdiction over Plaintiff’s claim.

Williams v. Aqeel

District Court, M.D. Florida · Apr 29, 2021

The Court is unable to adequately determine whether Plaintiff is indigent and qualifies for in forma pauperis status pursuant to 28 U.S.C. § 1915. … To establish entitlement to relief, Plaintiff must include in the complaint a short and plain statement of facts in support of his claims. Fed. R. Civ. P. 8(a).

Keppel v. Nocco

District Court, M.D. Florida · Sep 24, 2021

“Pursuant to the Eleventh Amendment [of the United States Constitution], a state may not be sued in federal court unless it waives its sovereign immunity or its immunity is abrogated by an act of Congress under … Fla. 2020) (noting that the plaintiffs failed to establish that Florida waived Eleventh Amendment immunity to federal suits based on violations of the state constitution).

Boone v. Florida Commission on Offender Review

District Court, M.D. Florida · Dec 28, 2020

A decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently … Here, Petitioner was convicted of murder, a qualifying offense. See [§] 947.174(1)(b), Fla. Stat.

Lee v. Lee

District Court, M.D. Florida · Sep 11, 2024

Irrespective of whether the Plaintiff qualifies as indigent for purposes of section 1915, her complaint is subject to dismissal, at a minimum, for want of subject matter jurisdiction and for failing to comply … The Plaintiff’s complaint also does not establish that the Court has diversity jurisdiction over the action either.

Polypack, Inc. v. Nestle USA, Inc.

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

Motions in limine are disfavored; if evidence is not clearly inadmissible, evidentiary rulings must be deferred until trial to allow questions of foundation, relevancy, and prejudice to be resolved in context. … Apr. 4, 2017) to argue that evidence related to the employee’s annual review does not qualify as a subsequent remedial measure.

Zickafoose v. Upstart Network, Inc

District Court, M.D. Florida · Oct 9, 2025

Zickafoose discharged his liability under the loan by “affix[ing] a qualified indorsement, clearly stating ‘W/O Recourse’ above his autograph signature.” (Doc. 47, p. 2). Mr. … Zickafoose has not met his burden to allege facts plausibly establishing that Upstart qualifies as a debt collector under the FDCPA.

Testa

District Court, M.D. Florida · Oct 17, 2025

“Generally, a plaintiff in a job-reduction case can establish a prima facie case by demonstrating (1) that [she]was in a protected age group and was adversely affected by an employment decision; (2) that [she] was qualified … At 88 years of age, Plaintiff clearly satisfies the age requirement for her claims of discrimination under the ADEA and FCRA.

Phelps v. Randall

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

Because he has had at least three prior dismissals that qualify under § 1915(g) and he does not establish that he is under imminent danger of serious physical injury, Mr. … Section 1915(e)(2) grants courts “the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Jd. Here, Mr.

Urban v. C2 Educational Systems, Inc.

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

App’x at 858-59 (quoting 29 C.F.R. § 825.302(d)), the plain language of § 825.302(c) clearly indicates that Urban provided sufficient notice to C2 to qualify for FMLA leave. … To establish a prima facie case of FCRA discrimination, an employee must show that he is disabled, he is a qualified individual, and he was subjected to unlawful discrimination because of his disability.

Luthmann v. The Federal Bureau of Investigation

District Court, M.D. Florida · May 15, 2024

This provision of the EAA “clearly qualifies as an exemption statute for purposes of FOIA Exemption 3.” Times Pub. Co. v. U.S. … Defendants established that disclosure of any of this information would constitute a clearly unwarranted invasion of personal privacy.

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

District Court, M.D. Florida · Nov 30, 2022

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 v. … She . . . qualified her statement in time based on the . . . point of the question that was being asked, because the suggestion was clearly being made that she caused the defendant to be arrested simply

Florida East Coast Railway Company v. United States

259 F. Supp. 993 · District Court, M.D. Florida · Jun 8, 1966

In some cities terminals could be consolidated; additional terminals could be established where before there was not enough traffic for any one of the companies to establish a terminal. 5. … Associated clearly authorizes the ICC to eliminate competition between the parties to the merger.

Intertape Polymer Corp. v. Inspired Technologies, Inc.

725 F. Supp. 2d 1319 · District Court, M.D. Florida · Jul 14, 2010

Thereafter, summary judgment is mandated against the non-moving party who fails to make a showing sufficient to establish a genuine issue of fact for trial. … Count X of ITI’s Second Amended Counterclaim is clearly labeled "Count X — Trademark Infringement (Lanham Act § 32, 15 U.S.C. § 1114 )." (Doc. 40 at 36).

Denson, Jr. v. Kinney

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

them immune from suit based upon mutually exclusive immunity afforded under state law. (Id.) … Plaintiff responds that he did not dually plead to avoid immunity with respect to individual or official capacity; instead, he asserts two factual allegations that would invoke immunity contingent

Solis v. Taylor

District Court, M.D. Florida · Nov 23, 2021

immunity. … But Solis’s entirely conclusory assumption that his grievances were destroyed is insufficient to establish that the grievance process was unavailable to him.

United States v. Stinson

239 F. Supp. 3d 1299 · District Court, M.D. Florida · Mar 6, 2017

amounts that the taxpayers testified were false and that they had not provided to the tax return preparer. 8 Other tax returns claimed personal cell phone expenses as unreimbursed business expenses even though these were clearly … (Doc. 211-18 at 30-33 & Pl.’s Ex. 2 (qualified education amount on 1098T does not match tax return)). .

Diversified Numismatics, Inc. v. City of Orlando, Fla.

783 F. Supp. 1337 · District Court, M.D. Florida · Sep 6, 1990

This court concludes that sections 43.57-.58 clearly apprise precious metal dealers about the kinds of transactions in which they may engage. … Defendants also maintain that Mayor Frederick and Chief Wilson are immune from such a lawsuit in their individual capacities. 1. The City and Mayor Bill Frederick and Chief Dan Wilson in their Official Capacities.