Case law

Dagostino v. Federal Express Corporation

District Court, M.D. Florida · Aug 25, 2023

"Evidence is excluded upon a motion in limine only if the evidence is clearly inadmissible for any purpose." Id. … Smith relied upon diagnoses from several of Dagostino’s treating physicians when establishing Dagostino’s life care plan. (Id., pp. 7-11.) Any failure by Dr.

Powell

District Court, M.D. Florida · Apr 27, 2026

The [plaintiff] next established care at Epic in April 2023 and a care plan was established. … The [plaintiff] denied needing reminders to take their medication.”); Tr. 1617 (“The [plaintiff] next established care at Epic in April 2023 and a care plan was established.

Church of Our Savior v. City of Jacksonville Beach

69 F. Supp. 3d 1299 · District Court, M.D. Florida · Nov 25, 2014

An “institution” is more formal, “an established society or corporation: an establishment or foundation [especially] of a public character.” Id. at 1230-31 (quotation omitted). … While true, these similarities only establish that both uses qualify as an “assembly” and/or *1322 “institution” under RLUIPA, a point which the City concedes.

Jacksonville Maritime Ass'n v. International Longshoremen's Ass'n, Local No. 1408-A

424 F. Supp. 58 · District Court, M.D. Florida · Dec 10, 1976

That all the men to be hired by the header designated by the employer (sic), however, the employer reserves the right to reject men if they feel that they are not qualified. 14. … The Court, therefore, holds that this dispute clearly concerns the existing collective bargaining contract and is subject to its grievance and arbitration provisions. 4.

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.

Loomis v. Gulf Oil Corp.

567 F. Supp. 591 · District Court, M.D. Florida · Mar 8, 1983

The terms of the Dealer Contract for Sale, the Automotive Gasoline Agreement, and the Service Station Lease, all of which have been specified above, clearly delineate the obligation of the dealer to pay Gulf for gasoline … The unexpired portion of a transferred franchise (other than a trial franchise, as described above) does not qualify as a trial franchise.

Nelson v. Secretary, Florida Dept. of Corrections

610 F. Supp. 2d 1323 · District Court, M.D. Florida · Mar 26, 2009

Similarly, the state courts’ resolutions of issues of law-including constitutional issues-must be accepted unless they are found to be “contrary to” clearly established precedent of the Supreme Court of the United States … And finally, a Rule 3.800(c) motion does not toll the time under AEDPA because it does not qualify as an "application for State post-conviction or other collateral review with respect to the pertinent judgment” under 28 U.S.C

Keith v. Commissioner of Social Security

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

To that end, Congress has waived sovereign immunity in the Social Security Act (“SSA”) by giving federal courts jurisdiction to review and modify or reverse the Commissioner’s decisions. Jackson v. … The law in the Eleventh Circuit “clearly requires that ‘a finding of extraordinary circumstances’ is necessary before a court may equitably toll the SSA’s statutory period, and this determination

Ellard v. Bennett

District Court, M.D. Florida · Apr 11, 2025

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.” … “Actual injury may be established by demonstrating that an inmate’s efforts to pursue a nonfrivolous claim were frustrated or impeded by . . . an official’s action.” Barbour, 471 F.3d at 1225 (citations omitted).

Piras v. Director, Texas Service Center, USCIS

District Court, M.D. Florida · Aug 4, 2025

refer to this version unless otherwise noted. 3 approved Piras’s father’s petition but denied Piras’s petition on October 2, 2024, because he longer qualified … Fla. 2010), it becomes a “mandatory preliminary injunction,” and “such relief should not be granted except in rare instances in which the facts and law are clearly in favor of the moving party,”

Pierre

District Court, M.D. Florida · Jun 30, 2026

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. … “To establish an Eighth Amendment violation, a prisoner must satisfy both an objective and subjective inquiry regarding a prison official’s conduct.” Oliver v. Fuhrman, 739 F.

Public Citizen, Inc. v. Pinellas County

321 F. Supp. 2d 1275 · District Court, M.D. Florida · May 19, 2004

Giani, 199 F.3d 1241, 1250 (10th Cir.2000) (a law that bars a professional solicitation consultant from assisting with a solicitation before complying with registration requirements “definitionally qualifies as a prior restraint … , who bear the burden of proof, fail to demonstrate that the burden on an out-of-state charitable organization clearly exceeds the benefit of the ordinance.

United States v. Franz

818 F. Supp. 1478 · District Court, M.D. Florida · Mar 18, 1993

The void-for-vagueness doctrine focuses not only on actual notice to citizens and arbitrary enforcement, but more importantly on the “requirement that a legislature establish minimal guidelines to govern law enforcement.” … Several courts have found that MDMA qualified as a controlled substance analogue, e.g. United States v.

Tanner v. McCall

441 F. Supp. 503 · District Court, M.D. Florida · Oct 20, 1977

Plaintiffs have not established a prima facie case of such pretense that would entitle them to a preliminary injunction. … Instead the Court holds, that where there is no clearly demonstrated legal justification for the Court to exercise its jurisdiction and grant relief, the public’s interest under the national system of federalism would be

Sheffield

District Court, M.D. Florida · Mar 12, 2026

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.

Adams v. Secretary, Department of Corrections

District Court, M.D. Florida · May 11, 2020

The state court’s adjudication of the claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal law, and was not based … Petitioner fails to demonstrate the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly established

Williamson v. Brevard County

276 F. Supp. 3d 1260 · District Court, M.D. Florida · Sep 30, 2017

This overwhelming, undisputed record evidence clearly demonstrates that the County’s invocation practice runs afoul of the principles set forth in Marsh, Town of Greece, and Pelphrey. … evidence already discussed, the County maintains that an invocation must be “religious” and “invoke a higher power” and that because the Plaintiffs are not “religious” and do not believe in a higher power they are “not qualified

Burton

District Court, M.D. Florida · Dec 12, 2025

Defendants move for summary judgment in their favor, arguing that: (1) the undisputed material facts establish no constitutional violation; and (2) Defendants are entitled to qualified immunity. … Accordingly, the Court will grant Defendants’ Motion on the substance of Plaintiff’s Eighth Amendment claims and will not address Defendants’ arguments as to qualified immunity.

Burns v. Fugate

District Court, M.D. Florida · May 6, 2020

A viable claim under § 1983 requires a plaintiff to establish two essential elements: the conduct complained of was committed by a person acting under color of state law, and this conduct … deprived the plaintiff of rights, privileges, or immunities secured by the Constitution or laws of the United States.

Fundora-Martinez v. Secretary Department of Corrections (Duval County)

District Court, M.D. Florida · Feb 26, 2025

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. … 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