Case law

Clumm v. Secretary, Department of Corrections

District Court, M.D. Florida · Mar 19, 2020

At the pretrial conference, the State informed the trial court that Clumm qualified as “a violent career criminal” (“VCC”) and that it had made a plea offer of “seventy 3 Under Martinez, a prisoner may establish … The failure to properly inform Clumm as to his sentencing exposure clearly satisfies the first prong of the Strickland analysis.

Corpus v. Yen

District Court, M.D. Florida · Dec 15, 2023

“First, the inmate must establish an objectively serious medical need . . . … “A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to [all] four requisites.”

United States v. Franck's Lab, Inc.

816 F. Supp. 2d 1209 · District Court, M.D. Florida · Sep 12, 2011

It stated that the “FDA believes that an increasing number of establishments with retail pharmacy licenses are engaged in manufacturing, distributing, and promoting unapproved new drugs for human use in a manner that is clearly … Such establishments and their activities *1227 are the focus of this guidance.

Nilio

District Court, M.D. Florida · Aug 21, 2026

established federal law, did not involve an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts. … established federal law, did not involve an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts.

KOVA Commercial of Naples, LLC v. Sabin

District Court, M.D. Florida · Aug 17, 2023

On or about August 5, 2016, Todd Sabin (Sabin or the Defendant) became KOVA’s Managing/Qualifying Broker. … Ultimately, “[a] temporary restraining order ‘is an extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the burden of persuasion as to each of the four

United States of America, ex rel. 3DQA, LLC v. Theken Companies, LLC, Randall Theken, NextStep Arthropedix, LLC, Slice MFG, LLC n/k/a Theken Port Park, LLC

District Court, M.D. Florida · Sep 15, 2026

The temporal qualifier for “employee” is revealed in the retaliatory acts outlined in the statute. … Just as with the retaliatory acts, the first three forms of relief—i.e., reinstatement, back pay, and interest on back pay—clearly describe a current employment relationship when the retaliation occurs.

Glover v. Philip Morris USA

380 F. Supp. 2d 1279 · District Court, M.D. Florida · Jul 26, 2005

The court reasoned that “the defendants are clearly correct when they assert that the trigger for bringing a MSP claim is not the pendency of a disputed tort claim, but the established obligation to pay medical costs pursuant … However, because the Eleventh Circuit in Baxter was dealing with an established settlement fund to pay breast implant claims clearly covered by the MSP as amended, it provides no support for plaintiffs’ attempt to extend

Thomas v. Florida Highway Safety and Motor Vehicles

District Court, M.D. Florida · Jan 13, 2020

With regard to those portions of the Report and Recommendation not objected to, the district judge applies a clearly erroneous standard of review. See Gropp v. United Airlines, Inc., 817 F. Supp. 1558, 1562 (M.D. … The Eleventh Circuit has established that a shotgun pleading is an unacceptable form of establishing a claim for relief. III.

Tur v. Nettleton

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

Based on the text and history, the court must determine whether complete preemption is manifest in the clearly expressed intent of Congress. Id. (citing Metropolitan Life, 481 U.S. at 66). … Anticipated Immunity Defense The Federal Torts Claims Act (“FTCA”) confers absolute immunity to federal employees who commit a tort while acting within the scope of their employment

Butler v. Dassault Systemes Americas Corp.

District Court, M.D. Florida · Aug 8, 2025

At this point in the proceedings, however, the duties of the job have not been established with evidence, so [the] . . . allegation that the plaintiff had more recent experience is sufficient.”). … While courts will “allow judicial claims that ‘amplify, clarify, or more clearly focus’ the EEOC complaint allegations,” unexhausted claims raising allegations of new acts of discrimination in the

Walls v. Armour Pharmaceutical Co.

832 F. Supp. 1505 · District Court, M.D. Florida · Sep 1, 1993

Clearly this was not prejudicial error. … Exceptionally well-qualified experts from across the country testified on both sides. The jury listened attentively, unemotionally and with apparent great interest.

Southern-Owners Insurance Company v. Florida Construction Services, Inc.

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

But this is only true in a case where uncontroverted facts show the matter to be clearly outside of coverage, with the claimant making no attempt to plead or establish coverage. … Owners Grady Square and Richman are clearly being sued by Mr. Sanchez for liability arising out of Florida Construction’s work. Mr.

Hutchinson v. Secretary, Department of Corrections

District Court, M.D. Florida · Mar 30, 2021

The phrase “clearly established Federal law” encompasses the holdings only of the United States Supreme Court “as of the time of the relevant state-court decision.” Id. at 412. … Hutchinson fails to show that the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law. See Morris v.

Tuten v. Nocco

District Court, M.D. Florida · Oct 27, 2022

Tuten constitutional injury; 2) to the extent he is sued in his individual capacity, he is entitled to qualified immunity; 3) punitive damages are not available against him in his official capacity; and 4) the action must … Tuten has thirty (30) days to file a clearly labeled Amended Complaint on the court form in compliance with this Order.

Butler v. Francis

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

Second, even if his probation-violation proceeding qualified as a “criminal prosecution” for purposes of his claim, Plaintiff fails to allege that the probation-violation proceeding terminated in his favor. … Prosecutors are “entitled to absolute immunity from damages for acts or omissions associated with the judicial process, in particular, those taken in initiating a prosecution and in presenting the

Walker v. Vandigo

District Court, M.D. Florida · Dec 16, 2024

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 … The movant must clearly establish the burden of persuasion as to the four requisites. See McDonald’s Corp. v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998). Walker has failed to carry his burden.

Mokris v. United States

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

“Evidence is excluded upon a motion in limine only if the evidence is clearly inadmissible for any purpose.” Id. … App'x 600 (11th Cir. 2019) (quotation omitted) (“it is well-established in the case law that biomechanical engineers...are qualified to testify about how forces may affect

Carter v. Secretary, Department of Corrections (Duval County)

District Court, M.D. Florida · Jun 16, 2020

As such, federal courts may not grant habeas relief unless one of the claims: "(1)'was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … In Knight, the Eleventh Circuit explained: 4 A decision is “contrary to” clearly established

Lebron v. Wilkins

820 F. Supp. 2d 1273 · District Court, M.D. Florida · Oct 24, 2011

Notwithstanding the concerns surrounding the methods employed, the concrete scientific evidence gathered clearly undermined the underlying assumption regarding the prevalence of substance abuse among TANF applicants: drug … Even if this interest qualified as a special need, see contra Marchwinski 113 F.Supp.2d at 1140 , 8 the evidence does not support its application here.

Ray v. State of Florida

District Court, M.D. Florida · Jan 2, 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. … Additionally, where a plaintiff seeks to impose liability on one who is not an active participant in the alleged constitutional deprivation, that plaintiff must allege and establish