Case law

Christophe v. Walmart, Inc.

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

In addition, for any claim under the ADA, a plaintiff must also establish that her employer had actual knowledge of her alleged disability or regarded her as disabled. See Cordoba v. … condition affecting one or more of the following body systems: "neurological, musculoskeletal, special sense organs, respiratory . . ., cardiovascular, reproductive, digestive, genitourinary, immune

Maltzer v. Provident Life & Accident Insurance

843 F. Supp. 692 · District Court, M.D. Florida · Nov 15, 1993

In this respect there is again a discrepancy between defendant’s position and that of its highly qualified expert whose recommendations include awards to paralegals. … Of the three categories of cases established in the Quanstrom decision, the instant case clearly belongs in the second category.

Scelta v. Delicatessen Support Services, Inc.

57 F. Supp. 2d 1327 · District Court, M.D. Florida · Jun 3, 1999

In order to determine if a defendant qualifies as an “employer,” it is necessary to look to Title VIPs definition of “employer.” See id. … Judicial claims which serve to amplify, clarify, or more clearly focus earlier EEO complaints are appropriate.

United States v. Gaynor

District Court, M.D. Florida · Feb 9, 2024

Who qualifies as “[a ‘]qualified witness’ is given a very broad interpretation. … That was enough for the district court to find the proponent had not met his burden of establishing the evidence was reliable enough to qualify under the business records exception

Adams v. Tollick

District Court, M.D. Florida · Feb 14, 2025

the 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 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.

Paradise-Burns

District Court, M.D. Florida · Jul 27, 2026

(Id., pp. 10–13). 5 Sjogren disease is an immune system disorder characterized by dry eyes and dry mouth. … With this disorder, the body’s immune system attacks its own healthy cells that produce saliva and tears. Hill v. Berryhill, No. 2:20-CV-00892-MHH, 2022 WL 2789223, at *3, n.3 (N.D. Ala.

United States v. Bergin

732 F. Supp. 2d 1235 · District Court, M.D. Florida · Aug 6, 2010

You know, we’re givin’ you some kind of — some sort of immunity. Id. at p. 21. … This promise of “some sort of immunity” requires a finding that Carey Bergin did not voluntarily, knowingly, and intelligently waive her Miranda rights, United States v.

United States v. Evans

149 F. Supp. 2d 1331 · District Court, M.D. Florida · Jul 16, 2001

It would be easier for courts and individuals to discern criminal liability if Congress were to provide a bright line test for what constitutes a violation of the statute and clearly define the forbidden territory in dealing … Even if the pleading was not stricken, the only relevant argument made by Evans in this reply is that not all interviews and documents pertaining to Williams, including an offer of transactional immunity, were given to Evans

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

District Court, M.D. Florida · Dec 20, 2023

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 … 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

Woods

District Court, M.D. Florida · Feb 17, 2026

See Clark, 915 F.2d at 640, 640 n.2 (indicating that absolute immunity of a defendant would justify the dismissal of a claim as frivolous). … Plaintiff fails to plead sufficient facts to plausibly establish a violation under § 1 or § 2 of the Sherman Act.

Matthews v. Quick Freelancers

District Court, M.D. Florida · Mar 14, 2025

1915 provides that a court shall dismiss a case if the court determines the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune … Fee is Necessary Because Plaintiff fails to state a claim, he cannot proceed without pre- paying the filing fee, regardless of whether he financially qualifies

Clark v. Unum Life Insurance Co. of America

95 F. Supp. 3d 1335 · District Court, M.D. Florida · Mar 26, 2015

Supplemental Arguments In Clark’s supplemental brief, she argues that the complaint incorporated the policies, and the complaint and policies together “clearly”- show that the amount in controversy exceeds $75,000, so Unum … To qualify, four criteria must be satisfied: (1) No contributions are made by an employer or employee organization; (2) Participation in the program is completely voluntary for employees or members; (3) The sole functions

Ridge v. Hartford Life & Accident Insurance

339 F. Supp. 2d 1323 · District Court, M.D. Florida · Aug 12, 2004

The medical documentation that has been provided to The Hartford is unsatisfactory and does not clearly support continued disability. We attempted to obtain a FCE as Dr. Baras had recommended and Dr. … work for which he was or could become qualified, considering his previous training, education or experience.

Powers v. Commissioner of Social Security

District Court, M.D. Florida · Mar 4, 2020

“The EAJA ... establishes a two-step analysis for determining the appropriate hourly rate to be applied in calculating attorney’s fees under the Act.” Meyer v. Sullivan, 958 F.2d 1029, 1033 (11th Cir. 1992). … To do otherwise amounts to awarding interest for which the United States has not waived sovereign immunity. Id.; see also United States v.

Collins v. Secretary, Department of Corrections

District Court, M.D. Florida · Oct 6, 2020

of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. … of clearly established federal law.

Moore v. United States

District Court, M.D. Florida · Aug 31, 2023

The PSR established a thirty point base offense level. Id. at 13. … Stat. § 893.13 do not qualify as controlled substance offenses under section 4B1.2; and (III) section 846 does not qualify as a controlled substance offense under the same. Civ. Dkt. 3-1.

Bechtold v. Massanari

152 F. Supp. 2d 1340 · District Court, M.D. Florida · May 10, 2001

Tr. 17 (“Clearly, Claimant’s right shoulder poses a limitation to her work ability. She continues to experience pain and has been unable to find a compatible treatment plan.”). … "Relevant” work is work that the claimant has performed in the last fifteen years that qualifies as substantial gainful activity. 20 C.F.R. § 404.1565 (a). 4 .

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

District Court, M.D. Florida · Mar 3, 2022

of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented. … Considering the record, the Court concludes that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established

Saulsberry

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

; and (4) other equally or less-qualified employees outside her class were promoted. … Termination To establish a prima facie case of race discrimination, Saulsberry must show: (1) she is a member of a protected class; (2) she was qualified for the position;

United States v. Madison

337 F. Supp. 3d 1186 · District Court, M.D. Florida · Oct 10, 2018

The Government maintains the burden of establishing aggravating factors beyond a reasonable doubt, while the defendant has the burden of establishing mitigating factors by a preponderance of the information. Id. … "If a defendant fails to establish any of these elements he has failed to establish a prima *1203 facie violation of the sixth amendment." Id. at 649. Here, Defendant cannot get past the second element.