Case law

Opinions from 1658 to today.

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  • 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.

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  • Riegel v. The School Board of Lee County, Florida

    District Court, M.D. Florida · Apr 1, 2024

    On September 15, 2023, Defendant hired William Wilson, who Plaintiff asserts is objectively not more qualified than Plaintiff. … This is clearly correct, and includes, as matter of law, speech and petition activities concerning governmental misconduct and whistle-blowing activities.

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  • Ingram v. Secretary, Department of Corrections

    District Court, M.D. Florida · Sep 30, 2020

    “The focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, . . . an unreasonable application is different from an incorrect one.” Bell v. … The phrase “clearly established Federal law” encompasses only the holdings of the United States Supreme Court “as of the time of the relevant state-court decision.” Williams v.

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  • Vasconcellos

    District Court, M.D. Florida · Aug 24, 2026

    A claim is frivolous as a matter of law where, among other things, the defendants are immune from suit, or the claim seeks to enforce a right that clearly does not exist. … However, it is well established that “[t]he Fourth Amendment’s freedom from unreasonable searches and seizures encompasses the plain right to be free from the use of excessive force in the course of an arrest.”

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  • Zesty Paws LLC, Health and Happiness (H&H) US International Incorporated v. Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc.

    District Court, M.D. Florida · Jun 23, 2026

    And as for Interrogatory 2, Plaintiffs argue that Defendants are asking how they formed a legal opinion, which clearly implicates the mental impressions and thought process of counsel in anticipation of litigation … Plaintiffs simply rely on conclusory statements that attorney-client privilege applies, and/or that they would be forced to provide additional qualifying privileged information, without further detail, and without

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  • Otero v. Secretary, Department of Corrections (Sarasota County)

    District Court, M.D. Florida · Sep 7, 2022

    “The focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, . . . an unreasonable application is different from an incorrect one.” Bell v. … The phrase “clearly established Federal law” encompasses only the holdings of the United States Supreme Court “as of the time of the relevant state-court decision.” Williams v.

    Cited 0 timesUnknown
  • Nguyen v. Raymond James Financial, Inc.

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

    Defendant asserts that Klouda’s experience alone establishes the reliability of his opinions, and that Plaintiff’s arguments largely relate to the merits rather than the reliability of Klouda’s methodology. … Further, because his opinions clearly relate to the issue of damages, the Court need not decide whether Klouda is permitted to opine about liability. See id.; Doc. 187 at 18 n.17.

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  • Murray v. Taylor

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

    legal conclusions without ever clearly connecting any allegations to a specific cause of action beyond conclusory references; and (3) the complaint was brought against three different Defendants without identifying which … Oct. 6, 2016) (dismissing § 1983 case for failure to establish newspaper was a state actor).

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  • Aljubeh

    District Court, M.D. Florida · Dec 29, 2025

    recounts the following back-and-forth occurred during that conversation: I explained to [Petitioner] that the [G]overnment had told us that [Petitioner] had not qualified … In his Reply, Petitioner explains that any Withholding of Removal order “confers not a privilege to remain in the United States but only an immunity against removal to a particular country,” and “there is

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  • Specht

    District Court, M.D. Florida · Aug 11, 2026

    Although the TCPA leaves the phrase “prior express consent” undefined, the Eleventh Circuit has explained that “express consent” is “[c]onsent that is clearly and unmistakably stated[,]” and “prior express consent” requires … To qualify for the healthcare-treatment exception, a caller “must honor opt-out requests immediately.” 47 C.F.R. § 64.1200(a)(9)(iv)(H).

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  • Brown v. Secretary, Florida Department of Corrections

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

    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.

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

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

    application of clearly established federal law. … of clearly established federal law, and was not based on an unreasonable determination of the facts given the evidence presented in the state court proceedings.

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  • Preminger

    District Court, M.D. Florida · Apr 6, 2026

    When clicked, the SMS Terms & Conditions clearly and unmistakably put the viewer on notice that they contain an arbitration provision and the Arbitration Provision is clearly set forth in the text, set off with bold font … There is nothing on the website to clearly indicate that two distinct agreements, with varying terms, are at issue.

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  • Torres v. Pasco County Board of Commissioners

    District Court, M.D. Florida · Oct 12, 2022

    Plaintiff fails to sufficiently allege or establish her religion or disability, that she was qualified to perform her job, that Defendant treated similarly- situated employees outside of the class more favorably, that her … Conclusion The evidence presented here clearly establishes that Defendant, Pasco County, did not act unlawfully in its employment relationship with Plaintiff.

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  • BRIAN SUCIU v. COMMISSIONER TAYLOR N. HATCH, DR. LINDA ABELES, KIDS CENTRAL, INC., BOARD CHAIRMAN KEVIN MCDONALD, CPS MANAGER ERICA MARCHAN, CPS CASE WORKER TAMEKA BOATWRIGHT, GUARDIAN AD LITEM GAIL HAILE, and SUPERVISOR JENNIFER HILL

    District Court, M.D. Florida · Apr 9, 2026

    The amended complaint must clearly state the legal theory or theories upon which Plaintiff seeks relief and explain with factual allegations how each defendant is responsible. … Additionally, the amended complaint must clearly state the basis for the Court to exercise jurisdiction over Plaintiff’s claims.

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  • AmTrust International Underwriters Designated Activity Company v. Triton Roofing & Restoration LLC

    District Court, M.D. Florida · Jan 14, 2025

    Triton’s at the time of his injury, the employee policy exclusion no longer applies, and the allegations in the Davis complaint qualify for coverage under the policy. See id. … Davis’s employment status is at issue in the underlying action, facts might arise that could establish coverage under the policy. Id. at 9.

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  • Downey v. Perkins

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

    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.” Denton v.

    Cited 0 timesUnknown
  • Fontanez Ex Rel. Fontanez v. Barnhart

    195 F. Supp. 2d 1333 · District Court, M.D. Florida · Mar 29, 2002

    Provisions for medical equivalence are established in 20 C.F.R. § 416.926 . Provisions for functional equivalence are established in 20 C.F.R. § 416 .926a. … A reviewing court will not disturb a clearly articulated credibility finding with substantial supporting evidence in the record. See Hale v. Bowen, 831 F.2d 1007, 1012 (11th Cir.1987); MacGregor v.

    Cited 3 timesPublished
  • Ring v. Boca Ciega Yacht Club, Inc

    District Court, M.D. Florida · Mar 27, 2020

    Brown’s opinion, Ring “clearly did not have control over the dog.” (Id.). Brown admits that as time went on, and Piper received training, her behavior improved. (Id.). … For example, the Chicago Club clearly had a purpose of both forwarding business connections among the city’s business titans, but also functioned as a social club and gathering

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  • Lord v. LOCAL UNION NO. 2088

    481 F. Supp. 419 · District Court, M.D. Florida · Nov 29, 1979

    between the Union and RCA applies to all employees in the bargaining unit, and contains provisions whereby employees may exercise their seniority within contractual seniority groups and be awarded jobs for which they are qualified … exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department' or independent establishment

    Cited 4 timesPublished

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