Case law

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.

Otto v. Mayorkas

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

(2) which will create “full- time employment for not fewer than 10 United States citizens” or other qualified workers. 8 U.S.C. § 1153(b)(5)(A)(i)–(ii) (requiring new commercial enterprise 1 Pielage v. … Accordingly, the first two factors clearly weigh in favor of Defendants.

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.

Green

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

But Green’s earlier complaints did not clearly articulate the applicable theory of relief for his negligence claim. … Neither party explains why a copy of Green’s driver’s license qualifies as a “recorded” image under the COA or whether sending an internal security alert qualifies as sharing the image outside the “facility.”

Morrow v. Brenntag Mid-South, Inc.

District Court, M.D. Florida · Dec 8, 2020

Walker does not establish that he used a reliable method to examine the cited data. … The July 2019 MRI was of a much higher quality than the scans taken in May 2019, which is why the rupture appeared so clearly.

Santos v. United States

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

The factual findings are not clearly erroneous, and the legal conclusions are consistent with the proper application of the law to those facts. … See In re Fleur, 824 F.3d 1337, 1340 (11th Cir. 2016) (recognizing that a “conviction for Hobbs Act robbery . . . clearly qualifies as a ‘crime of violence’ under the use-of-force clause in § 924(c)(3)(A)”).

Calisi v. Volusia County Department of Corrections

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

[that] clearly depicts the actions and conduct of . . . Defendants and is crucial to establishing the factual basis of [his] claims.” (Id. at 13.) … immune from such relief.” 28 U.S.C. § 1915A(b). A claim is frivolous if it is “without arguable merit” either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325, 329 (1989).

Kramer v. Secretary, Department of Corrections (Clay County)

District Court, M.D. Florida · Jan 27, 2025

If the claim was “adjudicated on the merits” in state court, § 2254(d) bars relitigation of the claim unless the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established … 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.

Federal Trade Commission v. Lanier Law, LLC

194 F. Supp. 3d 1238 · District Court, M.D. Florida · Jul 7, 2016

In addition, “the FTC must establish that the individual had some knowledge of the [deceptive] practices.” IAB Mktg. … Neither Robles nor Lanier qualify for the attorney exemption.

Wingard v. Secretary Department of Corrections (Duval County)

District Court, M.D. Florida · Sep 5, 2024

Upon thorough 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.

Judge v. Knauf Gips KG

District Court, M.D. Florida · Feb 28, 2024

The Eleventh Circuit found that Pulte had not established that there was damage to “other property.” … Most of the damages Plaintiff seeks qualify as economic damages which are not recoverable in product liability tort claims.

Vest v. Knauf Gips KG

District Court, M.D. Florida · Feb 28, 2024

The Eleventh Circuit found that Pulte had not established that there was damage to “other property.” … Most of the damages Plaintiff seeks qualify as economic damages which are not recoverable in product liability tort claims.

Sweeney v. Commissioner of Social Security

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

(Doc. 16 at 15–18.) 2 Because Plaintiff’s last insured date was December 31, 2018, Plaintiff had to establish disability on or before that date. See Moore v. … While the 2020 MRI was outside the relevant period for establishing disability, the 2018 studies were from the relevant period. Moreover, Dr.

Williams v. R.T.G. Furniture Corp.

District Court, M.D. Florida · Jan 29, 2024

Further, Cook’s statements are not clearly connected to Williams’s termination. Compare Earley v. … As such, these comments do not qualify as direct evidence.

Jones v. Lamb

District Court, M.D. Florida · Apr 17, 2024

medical care, Jones alleges Defendant Punty would not issue him a front-cuff pass in January 2023, even though Jones believed his 3 right arm injury qualified … PLRA) requires a court to dismiss a complaint at any time if the court determines it is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune

Church of Scientology Flag Services Org., Inc. v. City of Clearwater

756 F. Supp. 1498 · District Court, M.D. Florida · Feb 4, 1991

While the Court has not directly defined religion, it has indicated that non-theistic beliefs can qualify for constitutional protection. Seeger, 380 U.S. 163 , 85 S.Ct. 850 . The Establishment Clause. … Erwin, 395 Mass. 715 , 481 N.E.2d 1160 (1985) (Christian Science Moni *1513 tor, as religious organization, immune from some employment discrimination suits).

MCF Enterprises, Inc. v. Knauf Gips KG

District Court, M.D. Florida · Feb 28, 2024

The Eleventh Circuit found that Pulte had not established that there was damage to “other property.” … Most of the damages Plaintiff seeks qualify as economic damages which are not recoverable in product liability tort claims.

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

District Court, M.D. Florida · Sep 14, 2023

Upon thorough review of the record, this Court concludes that the state court’s adjudication was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established … Upon thorough review of the record, this Court concludes that the state court’s adjudication was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established

Brinkman v. Equifax Information Services LLC

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

ARS Account Resolution Services challenges the reliability and helpfulness of Hendricks’ expert testimony.1 1 ARS Account Resolution Services does not clearly challenge Hendricks … “If the [expert] witness is relying solely or primarily on experience, then,” in establishing reliability, “the witness must explain how that experience leads to the conclusion

Southeast Development Partners, LLC v. St. Johns County, Florida

District Court, M.D. Florida · Sep 13, 2024

§ 218.33 (establishing uniform fiscal years and accounting practices and procedures); Fla. … SEDP and SELV respond that they both have standing because “the County cannot provide a process allowing a ‘qualified applicant’ to enter into an agreement, but then argue that this qualified applicant does not