Case law

Goodwin v. Commissioner of Social Security

District Court, M.D. Florida · Sep 16, 2021

She stated she has allergies, asthma, and problems with her small intestine and immune system. … Once a claimant establishes that her pain is disabling through “objective medical evidence from an acceptable medical source that shows . . .

Williams v. Oakley Transport, Inc.

District Court, M.D. Florida · Sep 8, 2025

the Florida Supreme Court addressed which limitations period applied to a FCRA action when the commission had failed to conciliate or determine whether there was reasonable cause for a complaint, as the FCRA did not clearly … In , the court concluded that an EEOC right-to-sue notice qualified as a “fail[ure] to conciliate or determine whether there is reasonable cause” under 760.11(8) and triggered both the right to sue under subsection

Brown v. McNeil

591 F. Supp. 2d 1245 · District Court, M.D. Florida · May 14, 2008

Thus, there are qualifying state court decisions. … Upon review of this entire record, the Court finds both that the state’s application of clearly established federal due process law to the facts of Petitioner’s case with regard to his violation for failure to pay costs of

Bates v. Cook, Inc.

615 F. Supp. 662 · District Court, M.D. Florida · Dec 20, 1984

Clearly, the issue to be decided on this motion is whether justice requires that permission to amend be granted in this case. … As the Fifth Circuit has acknowledged, “[ujnder Florida'law, a former judgment is deserving of res judicata or collateral estoppel effect only if it qualifies as a final judgment.”

Defenders of Wildlife v. Salazar

877 F. Supp. 2d 1271 · District Court, M.D. Florida · Jul 10, 2012

These two plaintiffs clearly have standing to enforce its provisions. 27 Rumsfeld v. Forum for Academic & Inst. … Thus, where the words of the contract clearly manifest the parties’ intent, a court need not resort to extrinsic aids or evidence.

Mid-Fla Coin Exchange, Inc. v. Griffin

529 F. Supp. 1006 · District Court, M.D. Florida · Dec 16, 1981

The instant statutes are clearly criminal statutes, providing that one who violates their terms is guilty of a first degree misdemeanor. … The petitioner in Colonnade was owner of a catering establishment.

Malhotra v. Kumar

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

Plaintiff bears the burden of establishing these elements. Id. “Where, as here, a case is at the pleading stage, the plaintiff must clearly allege facts demonstrating each element.” Id. … Defendants also assert absolute immunity to the fraud claims under Florida’s litigation privilege.

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

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

of clearly established federal law, and was not based on an unreasonable determination of the facts in light of 11 Simon v. … 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.

Kinner

District Court, M.D. Florida · May 19, 2026

Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082. … As the totality of circumstances, evidence and information presented clearly indicate that you committed this infraction, your attempts to circumvent the statement of facts as they are written are futile.

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

District Court, M.D. Florida · Oct 20, 2023

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one

Villanueva-Vasquez v. Secretary, Department of Corrections (Hillsborough County)

District Court, M.D. Florida · Nov 25, 2024

Clearly established federal law refers to the holding of an opinion by the United States Supreme Court at the time of the relevant state-court decision. … Accordingly, “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.”

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

District Court, M.D. Florida · Jun 14, 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.”); Paulcin v. … Because the application is clearly time-barred, Schuller 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.

Christensen v. Reddish

District Court, M.D. Florida · Sep 20, 2022

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.”

Velez v. Commissioner of Social Security

District Court, M.D. Florida · Aug 18, 2022

If an impairment meets only some criteria, then it will not qualify, no matter the severity of the impairment. Id. … The Commissioner contends that the record does not establish that the pulmonary symptoms relate to lupus. (Doc. 15, p. 9).

Stevens v. Secretary, Department of Corrections (Pinellas)

District Court, M.D. Florida · Mar 14, 2024

A decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one.”

Procup v. Strickland

567 F. Supp. 146 · District Court, M.D. Florida · Jun 17, 1983

The Fifth Circuit then approved a sanction similar to the one established by the Eighth Circuit in Green v. … are practically immune from later tort actions for “malicious prosecution” or abuse of process.

Miller v. The City of Fort Myers

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

Yet “[e]xperts may be qualified by scientific training, education, or experience in the relevant field; they need not be formally educated to qualify as experts.” United States v. … “[W]aste which ‘may present’ imminent harm quite clearly excludes waste that no longer presents such a danger.” Id. at 485-86.

Braunstein v. Marsh Landing Community Association at Estero, Inc.

District Court, M.D. Florida · Mar 26, 2020

Rather, each defense must address a specific count or counts in the complaint or clearly indicate that (and aver how) the defense applies to … But the defense is qualified by language stating “In the event Plaintiff had notice”.

Cummings v. Jacksonville Sheriff's Office

District Court, M.D. Florida · Apr 30, 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 … 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.

Lopez v. City of Tampa

District Court, M.D. Florida · Jun 20, 2025

To establish a prima facie case under McDonnell Douglas, a plaintiff must prove “(1) that she belongs to a protected class, (2) that she was subjected to an adverse employment action, (3) that she was qualified … First, Calderon’s experience was “clearly” “better than the other candidates.” Id. at 92:7–9; see id. at 123:22–124:2 (Rogero agreeing that Calderon is “more qualified than Ms. Lopez for the position”).