Case law

Blank v. Bethlehem Steel Corp.

758 F. Supp. 697 · District Court, M.D. Florida · Feb 9, 1990

Under paragraph 2.07(a), a break in continuous service occasioned by a layoff triggers the benefit for an employee who otherwise qualifies as to age and service. … Payment of Rule-of-65 benefits to plaintiffs would be an obvious windfall; avoiding this result is a clearly reasonable objective. See Agee v.

Homes & Land Affiliates, LLC v. Homes & Loans Magazine, LLC

598 F. Supp. 2d 1248 · District Court, M.D. Florida · Feb 4, 2009

Established trademarks and service marks are entitled to protection from infringement under both federal and state law. … This evidence clearly establishes widespread third-party use of the word “Homes” in real estate listing magazines and websites, weighing against the strength of the “HOMES & LAND” trademark and the “HOMESANDLAND.COM” service

Hendricks v. Smartvideo Technologies, Inc.

511 F. Supp. 2d 1219 · District Court, M.D. Florida · Jan 26, 2007

The employment proposal provided, in part: As an inducement to join [Smartvideo], [Smartvideo] will grant you 1,000,000 non-qualified Incentive Stock Options of Smartvideo Technologies, Inc. … Taken together, Hendricks argues that these facts establish that there was no bad faith destruction of the hard drive.

Cummings v. Secretary, Department of Corrections

District Court, M.D. Florida · Sep 27, 2024

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. … Petitioner has not shown that the state courts’ denial of Grounds One, Two, Three, and Five is contrary to, or an unreasonable application of, clearly established Supreme Court precedent or is an unreasonable determination

Provenzano v. Singletary

3 F. Supp. 2d 1353 · District Court, M.D. Florida · Mar 3, 1997

The record clearly does not support this contention. … The testimony was qualified as an assessment of whether Petitioner would commit a “similar act given other circumstances that he would perceive similarly.”

Knight v. Florida Department of Corrections

District Court, M.D. Florida · Mar 19, 2024

To establish an Eighth Amendment violation, a prisoner must satisfy both an objective and subjective inquiry regarding a prison official’s conduct. Swain v. … (quotation omitted).[6] An inmate-plaintiff bears the burden to establish both prongs. Goebert v.

Edmonds v. Air & Liquid Systems Corporation

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

Zhang is unquestionably qualified to opine on the medical causation of asbestos-related disease. … Zhang is “not qualified to make an independent radiology opinion.” Doc. 297 at 23–24.

De Gazelle Group, Inc. v. Tamaz Trading Establishment

308 F.R.D. 688 · District Court, M.D. Florida · Jul 9, 2015

The emails clearly state the existence of a federal lawsuit and that the parties engaged in discussions to settle the case (Id.). … To qualify for relief under Rule 60(b)(1), the movant must establish: “(1) it had a meritorious defense that might have affected the outcome; (2) granting the motion would not result in prejudice to the non-defaulting party

Drayton v. Western Auto Supply Co.

203 F.R.D. 520 · District Court, M.D. Florida · Dec 6, 2000

It is not enough that a named plaintiff can establish a case or controversy between himself and the defendant. … Adequacy of Representation Finally, Plaintiffs must establish the adequacy of representation.

Johnson v. Clark

484 F. Supp. 2d 1242 · District Court, M.D. Florida · Apr 18, 2007

The jury clearly found that Plaintiff had not been derelict in his duties, and that Defendant’s contentions to the contrary were unreasonable. … Defendant argued that the allegedly defamatory statements were subject to a qualified privilege. If the facts had supported that contention, Plaintiff would have been required to prove malice as an element of his claim.

Dunbar v. Commissioner of Social Security

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

Furthermore, Plaintiff does not establish any other basis for the Court to exercise jurisdiction over this action. … Additionally, the amended complaint must clearly state the basis for the Court to exercise jurisdiction over Plaintiff’s claims.

Briggs v. Columbia County Sheriffs Office/Jail

District Court, M.D. Florida · Oct 30, 2023

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.

Jones v. Waters

District Court, M.D. Florida · Feb 7, 2024

In the Complaint, Jones fails to present allegations sufficient to establish that the parties are diverse from each other. … 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

Ferland v. Orange Groves of Florida, Inc.

377 F. Supp. 690 · District Court, M.D. Florida · Apr 5, 1974

The stock ownership of these three corporations, with the possible exception of Florida Orange Grove Properties, Inc., at the time of the foregoing conveyances, does not clearly appear from the evidence. … Schwartz established a sales office in Montreal, Province of Quebec, Canada. This office was established towards the end of 1965 or the beginning of 1966.

Smith v. Boston Red Sox

District Court, M.D. Florida · Jun 23, 2023

Count III contains no allegation of publication of any qualifying facts outside of the company or to plaintiff. … A Complaint must sufficiently allege facts plausibly establishing the elements plaintiff will be required to prove.

Marcus v. Titan America, LLC

District Court, M.D. Florida · Mar 20, 2024

Prior to his June 2019 injury, Plaintiff was clearly qualified for the job of ready-mix truck driver. … Establishing a prima facie case under McDonnell Douglas is only one method.

Government Employees Insurance Co. v. The Right Spinal Clinic, Inc.

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

The proponent of the expert’s opinion must establish that (1) the expert is qualified, (2) his methods are reliable, and (3) his testimony assists the trier of fact by applying specialized expertise. … Kilpatrick, 613 F.3d at 1336; see Frazier, 387 F.3d at 1261 (explaining that reliability is not “established merely by the ipse dixit of an admittedly qualified expert”).

Coheley v. Lender Legal Services, LLC

District Court, M.D. Florida · Nov 25, 2019

Coheley that was clearly misleading on its face.” (Dkt. 1 {| 34-36, 60-63). … Nor does he allege, for example, how the letter was “clearly misleading on its face.”

Fernandez v. Trees, Inc.

District Court, M.D. Florida · Nov 27, 2020

evidence is clearly inadmissible for any purpose.” Id. (internal quotation marks and citation omitted). … For the harassment at Trees to qualify as severe and pervasive, allegations of harassment must have occurred during his tenure at Trees.

Alexander v. Herbert

150 F.R.D. 690 · District Court, M.D. Florida · Sep 22, 1993

Assuming arguendo this statute is applicable to this case, it clearly indicates educational records may be disclosed upon order of the Court provided the student is notified by the educational institution prior to compliance … As articulated by Plaintiffs in their reply: The requested records are reasonably calculated to lead to the discovery of evidence establishing the conduct of defendants toward the decedent and Ms.