Case law

White v. Secretary, Department of Corrections

District Court, M.D. Florida · Nov 27, 2019

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. Taylor, 529 U.S. 362, 412 (2000). … White’s claim that he was erroneously sentenced under Section 775.087 was neither contrary to nor an unreasonable application of clearly established federal law, nor was it based on an unreasonable determination of the

Diaz

District Court, M.D. Florida · Jul 28, 2026

While plaintiff’s allegations generally appear to arise from disputes with defendant Bianca Rosado (Rosado)—his former wife—his complaint does not clearly establish that his state-law claims arise from the same … Therefore, the Court likely has supplemental jurisdiction over Count II, but the amended complaint does not clearly establish supplemental jurisdiction over Counts III-V.5

Thompson v. U.S. Department of Homeland Security

District Court, M.D. Florida · Dec 30, 2024

In any case, because Thompson has failed to establish a substantial likelihood of success on the merits, Pino, Thompson’s dependent, Am. Compl. … Since a “preliminary injunction is an extraordinary and drastic remedy,” a court is not to grant it “unless the movant ‘clearly carries the burden of persuasion’ as to the four prerequisites.” , 720 F.2d

Richman v. United States

District Court, M.D. Florida · Jan 24, 2022

According to the Presentence Report (PSR), Richman qualified as both a career offender under the U.S. … This sequence alone is clearly insufficient.

Frederick v. Thompkins

District Court, M.D. Florida · Jun 15, 2022

He also asserts that he is entitled to qualified immunity. Id. at 18-19. Additionally, Tompkins contends that Frederick fails to state plausible assault, battery, and negligence claims. Id. at 14-18. … Plaintiff’s request for summary judgment (Doc. 51) is DENIED. 22 In light of this conclusion, the Court need not address Tompkins’ argument on the issue of qualified immunity.

Taylor v. Montverde Academy, Inc.

District Court, M.D. Florida · Dec 13, 2022

Generally, to satisfy the amount in controversy requirement for diversity jurisdiction, a plaintiff must establish that a good faith estimated value of his or her claim against a defendant exceeds the statutorily … The amended complaint must clearly state the legal theory or theories upon which Plaintiffs seek relief and explain with factual allegations how defendant(s) are responsible.

Durham v. Seacrest Country Day School

District Court, M.D. Florida · Feb 7, 2023

But neither the Court nor Defendants can know for sure because the facts are not clearly delineated. … Sanderson Plumbing Prod., Inc., 530 U.S. 133, 142 (2000) (finding it “undisputed” that plaintiff established a prima facie case of discrimination when he was over 40, otherwise qualified for his position, discharged

Gaston v. Gutierrez

District Court, M.D. Florida · May 5, 2025

As such, “courts must place on the losing respondent the substantial burden of establishing that a fee award is clearly inappropriate.” Id. (citing Salazar v. Maimon, 750 F.3d 514, 522 (5th Cir. 2014)). … Feb. 26, 2024) (“Respondent’s failure to respond is sufficient for the Court to conclude that Respondent has failed to establish that such an award is ‘clearly inappropriate’ under 22 U.S.C.

Scocozzo v. Attorney General of Florida

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

Jones v. Spradley

District Court, M.D. Florida · Apr 21, 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 … As the Supreme Court has explained, “the unnecessary and wanton infliction of pain” qualifies under the Eighth Amendment as proscribed “cruel and unusual punishment

Deligdish v. Bender

District Court, M.D. Florida · Aug 7, 2023

Id.5 But the Zelinka court neither mentioned nor applied the qualified fair report privilege. … Here, taking Plaintiff’s allegations as true, the Court finds that the statements are not clearly all pure opinion as Defendant contends.

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

District Court, M.D. Florida · Jul 30, 2025

After a review of the record and the applicable law, 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 federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.

In Re: LoanCare Data Security Breach Litigation

District Court, M.D. Florida · Mar 24, 2025

Based on this definition, the Settlement Class is adequately defined and clearly ascertainable. C. … Thus, Plaintiffs are acting through qualified counsel and Angeion is qualified as a settlement administrator. D.

Montgomery v. Secretary, Department of Corrections (Orange County)

District Court, M.D. Florida · Jun 2, 2021

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. … A determination of a factual issue made by a state court, 1 In considering the “unreasonable application” inquiry, the Court must determine “whether the state court's application of clearly established federal law

Doller

District Court, M.D. Florida · Jun 22, 2026

Ala. 2003) (“Courts generally presume that plaintiffs establish numerosity when the claims involve securities traded nationally.”). … Nothing suggests that L&K has an adverse interest in this litigation, and the firm is qualified on paper.

Woodman v. United States

764 F. Supp. 1455 · District Court, M.D. Florida · May 21, 1991

Lastly, the Government alleges that the contracts clearly state that Waste Control was responsible for complying with all laws, ordinances, statutes, and regulations pertaining to the collection, transportation, and disposal … DISCRETIONARY FUNCTION EXCEPTION “The FTCA, subject to various exceptions [in § 2680], waives sovereign immunity from suits for negligent or wrongful acts of Government employees.” United States v.

Damian v. Neer

District Court, M.D. Florida · Jan 27, 2023

This qualifying language did not accompany Defendants’ express concession of TGC’s Ponzi scheme status. See Dkt. 49 at 7. … In any event, Plaintiff has sufficiently established that TGC was a Ponzi scheme, and Defendants have not offered any evidence to the contrary.

Spence v. Secretary, Department of Corrections (Putnam County)

District Court, M.D. Florida · Aug 20, 2021

It is well understood that relief is limited to occasions where the state court’s decision: “was contrary to, or involved an unreasonable application of, clearly established Federal … of clearly established federal law, and was not based on an unreasonable determination of the facts based on the evidence presented in the state court proceedings.

Logan v. Hall

District Court, M.D. Florida · Aug 17, 2021

Additionally, Defendants assert that they are entitled to qualified immunity. See id. at 37-40. … As such, the referenced grievance would not have satisfied the first step of the exhaustion process nor qualified as a proper bypass of the informal-grievance step.

Day v. Secretary, Department of Corrections

District Court, M.D. Florida · May 26, 2021

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