Case law

Wyndham Vacation Ownership, Inc. v. The Montgomery Law Firm, LLC

District Court, M.D. Florida · May 5, 2020

Defendants state that this program is deceptive, illusory, and inadequate because it is a program for surrender of the timeshare investment, not a buy-back, certain Owners do not qualify or are not considered by Plaintiffs … The affirmative defense of the litigation privilege may be considered at the motion to dismiss stage, however, where “ ‘the complaint affirmatively and clearly shows the conclusive applicability’ of the privilege.”

Powell v. Commissioner of Social Security

District Court, M.D. Florida · Oct 21, 2019

“The EAJA ... establishes a two-step analysis for determining the appropriate hourly rate to be applied in calculating attorney’s fees under the Act.” Meyer v. Sullivan, 958 F.2d 1029, 1033 (11th Cir. 1992). … To do otherwise amounts to awarding interest for which the United States has not waived sovereign immunity. Id.; see also United States v.

Murphy v. Commissioner of Social Security

District Court, M.D. Florida · Mar 1, 2022

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 416.920. … Moreover, the ALJ must clearly articulate these reasons when electing to discount the opinion of a treating physician. Phillips, 357 F.3d at 1241.

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.

Hatley v. Commissioner of Social Security

District Court, M.D. Florida · May 23, 2022

neuropathy,” “Bilateral facet arthropathy,” “obesity,” “chronic fatigue syndrome,” “IBS,” “auto immune disease,” “endometriosis,” “ocular migraines,” “PMJ,” “arphalija, [sic]” “iron insufficiency,” “leukocytosis, … licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. 20 C.F.R. § 404.1502(a).6 The Regulations establish a hierarchy among medical opinions

Commodity Futures Trading Commission v. R.J. Fitzgerald & Co.

173 F. Supp. 2d 1295 · District Court, M.D. Florida · May 21, 2001

He was well qualified to serve as supervisor of traders and brokers at RJFCO. 5. Chuck Kowalski was RJFCO’s chief market analyst during all relevant time periods. … Finally, the CFTC attempted to establish that Mr.

PI Telecom Infrastructure, LLC v. City of Jacksonville

104 F. Supp. 3d 1321 · District Court, M.D. Florida · May 8, 2015

He indicated concern about the tower’s impact on the Jackson Square PUD and the area around it, which are “the next hot spot” and “clearly on the move.” (Id. at 184.) … That the tower would have a visual impact on the development is established.

Red-Eyed Jack, Inc. v. City of Daytona Beach

322 F. Supp. 2d 1361 · District Court, M.D. Florida · Jun 1, 2004

Clearly, the list of land uses enumerated in Policy 1.1.2 is not exclusive, and thus the fact that commercial or adult uses are not included in that list does not indicate that they are prohibited. … The Court found that there was no evidence in the record that either of the Plaintiffs had ever offered nude dancing so as to qualify as a non-conforming use and that the Court's July 25, 2001 Order merely barred enforcement

Ratliff v. Wycliffe Associates, Inc.

District Court, M.D. Florida · May 26, 2023

Id. at 736–37 (“The [statutory] relief is clearly and unequivocally limited to that from the ‘government.’”). … Altogether, the plain language of RFRA alone clearly evinces that Congress did not intend for RFRA to apply to private suits. See id. at 736–37; McGill, 617 F.3d at 409–11.

Schmidt v. Wells Fargo Bank, N.A.

District Court, M.D. Florida · Feb 14, 2020

Zaki Kulaibee Establishment, 771 F.3d at 1311. … Fla. 2016)(quoting Zaki Kulaibee Establishment, 771 F.3d at 1310-11).

Johnson v. Secretary, Department of Corrections

District Court, M.D. Florida · Jul 7, 2020

Petitioner is unable to establish the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly established … Petitioner is unable to establish the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly established

Giertz-Richardson v. Hartford Life & Accident Insurance

536 F. Supp. 2d 1280 · District Court, M.D. Florida · Mar 7, 2008

Management in establishing group, company or corporate-wide priority improvement, programs and/or initiatives. … Establishes high performance standards for the company(s) that ensures “Increased Productivity” and “Service Excellence.”

Milne v. Secretary, DOC (Lee County)

District Court, M.D. Florida · Aug 9, 2022

“Clearly established federal law” consists of the governing legal principles set forth in the decisions of the United States Supreme Court at the time the state court issued its decision. … established federal law.

Webb v. City of Venice

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

Section 1983 is not an independent source of substantive rights but “creates a private right of action to vindicate violations of rights, privileges, or immunities secured by the Constitution and laws of the United States … In the context of an employer’s disciplinary actions, a plaintiff can establish a prima facie case by showing: (1) he belongs to a protected class; (2) he was subjected to an adverse employment action; (3) he was qualified

Vandersnick v. Secretary, Department of Corrections

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

“Clearly established federal law” consists of the governing legal principles set forth in the decisions of the United States Supreme Court when the state court issued its decision. White, 134 S. … 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 a different result from

Valenzuela v. Axiom Acquisition Ventures, LLC

District Court, M.D. Florida · Oct 5, 2020

However, Axiom argues that Plaintiff cannot establish, as a matter of law, that the letter violated the FDCPA because the letter does not qualify as a 4 In his complaint, Plaintiff bases his claims on a letter dated July … Although a primary purpose of the letter is clearly to inform Plaintiff that the underlying debt was assigned to Grassy Sprain, the letter also includes specific language urging Plaintiff to immediately remit future payments

Harrison v. Aetna Life Insurance

925 F. Supp. 744 · District Court, M.D. Florida · Apr 24, 1996

Because of this, he was unable to establish normal jaw function. He was also unable to close his lips at rest without effort. … Aetna did not act with bad faith in denying the claim, although it clearly acted in its own financial interest.

Holton

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

To establish government entity liability, “the entity’s ‘policy or custom’ must have played a part in the violation of federal law.” Id. … A case is frivolous if it “has little or no chance of success” and the complaint demonstrates “that the factual allegations are ‘clearly baseless’” and “the legal theories are ‘indisputably meritless.’”

Asbury

District Court, M.D. Florida · Aug 17, 2026

CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. … While the counterclaim/third-party complaint could have been pled more clearly, Count III specifically invokes the duty to defend, which is not explicitly invoked in Count I

Johnson v. Jones

District Court, M.D. Florida · May 4, 2020

For these reasons, the Court concludes that the state court’s adjudication of this issue was neither contrary to nor an unreasonable application of clearly established federal law, and it is not based on an unreasonable … The First DCA’s denial of Petitioner’s claim of ineffective assistance of appellate counsel was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal