Case law
Opinions from 1658 to today.
2,960 results
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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.
Cited 0 timesUnknownRiegel 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.
Cited 0 timesUnknownIngram 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.
Cited 0 timesUnknownDistrict 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.”
Cited 0 timesUnknownDistrict 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
Cited 0 timesUnknownOtero 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 timesUnknownNguyen 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.
Cited 0 timesUnknownDistrict 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).
Cited 0 timesUnknownDistrict 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
Cited 0 timesUnknownDistrict 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).
Cited 0 timesUnknownBrown 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.
Cited 0 timesUnknownJones 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.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknownTorres 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.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknownAmTrust 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.
Cited 0 timesUnknownDistrict 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 timesUnknownFontanez 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 timesPublishedRing 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
Cited 0 timesUnknown481 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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