Case law

Rosello v. Keathel Chauncey Esq.

District Court, M.D. Florida · Feb 21, 2024

Instead, the Court analyzed whether Rosello had satisfied the elements of his claims, including by establishing that Defendants qualified as debt collectors and that the money owed qualified as a debt. … Instead, as the magistrate judge found, they failed to “affirmatively demonstrate that Rosello, a personal injury attorney, knew or clearly should have known that the legal theory undergirding the FDCPA counts posited

Hall v. Carner

District Court, M.D. Florida · Oct 2, 2024

The Court now reviews the Amended Complaint to determine if it is frivolous or malicious, fails to state a claim, or seeks monetary relief from anyone immune from such relief. … The Court established an electronic filing program with the FCCC in August 2021.

Smith v. Secretary, Department of Corrections (Hillsborough County)

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

App’x 366, 367 68 (11th Cir. 2009) (“[E]ven restricted access to a law library, lock-downs, and solitary confinement do not qualify as [extra]ordinary circumstances warranting equitable tolling.”). … Because the application is clearly time-barred, Smith is entitled to neither a COA nor leave to appeal in forma pauperis. A certificate of appealability is DENIED. Leave to appeal in forma pauperis 1s DENIED.

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

District Court, M.D. Florida · Mar 22, 2023

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 … 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.

Scott v. Perez Lugo

District Court, M.D. Florida · Nov 21, 2023

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. … (quotation omitted).[4] An inmate-plaintiff bears the burden to establish both prongs. Goebert v.

Irwin v. Singletary

882 F. Supp. 1036 · District Court, M.D. Florida · Apr 13, 1995

Rather, they were introduced to establish that Petitioner committed a sexual battery during a specific period of time. This was the major issue in controversy. … The victim was only three and one half years old at the time of the trial and the trial court determined that she was not qualified to testify (R422). 9 .

Lexmark International Inc. v. Universal Imaging Industries, LLC

District Court, M.D. Florida · Oct 12, 2023

UII has not clearly shown that Applegate/DS1982 covers the limitations of Claim 10. … If Lexmark fails to establish but for 12 See Panduit Corp. v. Stahlin Bros.

Hartley v. Florida Attorney General (Lee County)

District Court, M.D. Florida · Aug 28, 2019

“Clearly established federal law” consists of the governing legal principles, rather than the dicta, set forth in the decisions of the United States Supreme Court at the time the state court issued its decision. … Moreover, “it is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme] Court.”

Williams v. Bryant

District Court, M.D. Florida · Jul 22, 2021

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 … Williams has not alleged sufficient facts to establish his entitlement to relief.

Songer v. Wainwright

571 F. Supp. 1384 · District Court, M.D. Florida · Jul 14, 1983

Estelle, 609 F.2d 756, 759 (5th Cir.1980) (“[B]revity of time spent in consultation, without more, does not establish that counsel was ineffective.”). … Finally, Coniglio attempted to establish that petitioner was “run down” at the time of the incident and that petitioner could not have been a “hardened criminal type,” as he qualified for the work-release program in which

De Ford v. Koutoulas

District Court, M.D. Florida · Mar 28, 2025

“Before a district court may grant a motion for class certification, a plaintiff seeking to represent a putative class must establish that the putative class is adequately defined and clearly ascertainable.” … The Court finds that the putative Class counsel are sufficiently qualified to represent the Class.

Flynn v. Thermacell Repellents, Inc.

District Court, M.D. Florida · Jul 22, 2025

Defendants note that Federal Rule of Evidence 702 permits “[a] witness who is qualified as an expert by knowledge, skill, experience, training, or education” to testify in the form of an opinion. … The party offering an expert opinion has the burden of establishing three criteria by a preponderance of the evidence: qualification, reliability, and helpfulness. See McClain v.

Jackson v. Haines City, Florida

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

Jackson cannot establish a claim for Retaliation. … To establish a prima facie case for racially discriminatory failure to promote, a plaintiff must establish that: (1) he was a member of a protected class; (2) he was qualified for and applied for the job; (3) he was rejected

Ragland v. Florida Attorney General (Lee County)

District Court, M.D. Florida · Sep 23, 2019

A decision is “contrary to” clearly established federal law if the state court either: (1) applied a rule that contradicts the governing law set forth by Supreme Court case law; or (2) reached … of, clearly established Supreme Court law, or resulted in a decision based on an unreasonable determination of the facts.

Timberlake v. Robertson, Anschutz, Schneid, P.L.

District Court, M.D. Florida · Apr 28, 2020

She clearly alleges that since she was the party that was awarded attorney fees and costs in the first foreclosure, it was not valid in the second foreclosure to demand that she pay the plaintiff’s attorney fees and costs … This argument, which might be successful once the facts are established, does not serve as a basis to dismiss the amended complaint.

Dvoinik v. Republic of Austria

District Court, M.D. Florida · Apr 22, 2024

Moreover, to the extent Plaintiffs attempt to make further arguments in support of their motion, the filings qualify as improper replies in violation of Local Rule 3.01(d). 2 Unpublished opinions of the Eleventh … The Court finds Plaintiffs have not met their burden of establishing a violation. Rule 4-1.7 Plaintiffs also allege Mr.

Barnebey v. E.F. Hutton & Co.

715 F. Supp. 1512 · District Court, M.D. Florida · Jun 19, 1989

This Court in Armbrister found that the record as a whole clearly established that with any diligence plaintiffs should have known their purchases were suspect. … Section 401(b) of the Oklahoma Act sets the standards for qualifying for an exemption from registration.

Powell v. Harris

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

Additionally, they maintain that they are entitled to qualified immunity. See id. at 20. … She also maintains that she is entitled to qualified immunity. See id. at 13-14.

Brown v. Commissioner of Social Security

District Court, M.D. Florida · Sep 22, 2022

If the ALJ discredits this testimony, then the ALJ “‘must clearly articulate explicit and adequate reasons for’ doing so.” Id. (quoting Dyer, 395 F.3d at 1210). … The ALJ further qualified his earlier statements on daily activities to note that Plaintiff reported that he could bathe and attend to his own personal care needs but had trouble putting on socks and shoes, could only

Munoz v. Citimortgage, Inc.

District Court, M.D. Florida · Sep 10, 2021

The one-day delay is insufficient to establish a RESPA violation. … CitiMortgage responded that “[t]hese two requests clearly exceed, by any measure, the scope of a valid request for information under 12 C.F.R. § 1024.36.” (Doc. # 54 at 7).