Case law
Opinions from 1658 to today.
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1.48s
District Court, M.D. Florida · Oct 29, 2025
“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.” … establish that his or her designation has been removed and establish that he or she does not meet the criteria for registration under any other
Cited 0 timesUnknownAndre v. Secretary, Florida Department of Corrections (Duval County)
District Court, M.D. Florida · Aug 23, 2024
If the claim was “adjudicated on the merits” in state court, § 2254(d) bars relitigation of the claim unless the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established … 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 timesUnknownAndrew Brown v. CSX Transportation, Inc.
District Court, M.D. Florida · Feb 24, 2026
De Lima opines that CSX’s policy regarding FMLA usage on holidays “flies in the face of FMLA and the Curing process FMLA established as well as HR Industry Standards of Care.” … Johnson reviewed the medical reasons for leave to determine whether they clearly explained a need for leave over the holidays.” (Doc. # 175 at 21-22) (quoting Doc. # 175-2 at ¶ 20).
Cited 0 timesUnknownHarrington v. Roundpoint Mortg. Servicing Corp.
290 F. Supp. 3d 1306 · District Court, M.D. Florida · Nov 30, 2017
Servicing Corporation (RoundPoint), alleging (1) that the Defendants violated the federal Telephone Consumer Protection Act 1 (TCPA) by calling Harrington's cell phone without his prior express consent using equipment that qualifies … Did the witness appear to understand the questions clearly and answer them directly? 7. Did the witness's testimony differ from other testimony or other evidence?
Cited 0 timesPublishedShelton v. Secretary, Florida Department of Corrections
District Court, M.D. Florida · Sep 28, 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, or were based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Sep 15, 2026
And without some substantive argument, the Court declines to hold that a general statutory mandate to combat beach erosion grants the District blanket immunity from tort liability. … Whether the dune qualifies as a nuisance requires balancing the utility of the District’s conduct against the gravity of the harm to Plaintiffs.
Cited 0 timesUnknownSFR Services, LLC v. American Coastal Insurance Company
District Court, M.D. Florida · Feb 7, 2025
The Court finds that he is qualified to provide an expert opinion on this matter. In fact, the Daubert Motion challenges only the reliability of Mr. … To establish a coverage defense predicated on an insured’s failure to comply with post-loss obligations, the insurer must first establish that the insured materially breached a post-loss obligation. Am. Integrity Ins.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Nov 4, 2025
There are several different ways of establishing municipal liability under § 1983. … Clearly then, Dr. Barfield did not have unfettered discretion to terminate Plaintiff. See Parnell v. Sch. Bd. of Lake Cnty., Fla., 731 F. Supp. 3d 1298, 1311 (N.D.
Cited 0 timesUnknownEarly v. Inch (Bradford County)
District Court, M.D. Florida · Jan 27, 2022
and the applicable law, the Court concludes that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal … 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 timesUnknownHolt v. Secretary, Florida Department of Corrections
District Court, M.D. Florida · Sep 5, 2024
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 court proceedings. … application of clearly established federal law.
Cited 0 timesUnknown854 F. Supp. 2d 1166 · District Court, M.D. Florida · Feb 21, 2012
a materially adverse action, and there was some causal relation between the two events.”). 4 Plaintiffs burden of establishing a prima facie case is not heavy. … I feel the potential of intentionally being subjected to dangerous situations in my job, since I clearly no longer have the respect and trust of my co-workers ...
Cited 1 timesPublishedDistrict Court, M.D. Florida · Mar 3, 2020
Espino, who is represented by the same attorney as Centurion, asserts the same defenses but also invokes qualified immunity. See Espino Motion at 1. … Jenne, 326 F.3d 1352, 1360 (11th Cir. 2003) (internal quotation marks and citation omitted) (“It is well established in this Circuit that supervisory officials are not liable under § 1983 for the
Cited 0 timesUnknownVaughan v. Secretary Florida Department Of Corrections (Duval County)
District Court, M.D. Florida · Jul 27, 2022
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 timesUnknownDistrict Court, M.D. Florida · Apr 8, 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 timesUnknownDistrict Court, M.D. Florida · Mar 31, 2023
The Plaintiffs allege that “Bruckner has over 20 years of experience in government contracting and is qualified, willing, and able to be a contractor and subcontractor under the Infrastructure Act.” Id. … The Plaintiffs make broad allegations: Bruckner is “qualified, willing, and able to be a contractor and subcontractor under the Infrastructure Act” and “PMC can fulfill transportation and infrastructure-related
Cited 0 timesUnknownEsquivel v. Commissioner of Social Security
District Court, M.D. Florida · Sep 25, 2025
The ALJ reviews J.M.’s medical records from his comparison point decision and clearly identifies the medically determinable impairments assessed at that time. Tr. 63, 440–50. … “is able to clearly express his wants, needs and desires, as well as participate in conversations with adults and peers.” Tr. 68, 452.
Cited 0 timesUnknownBastian v. United Services Automobile Ass'n
150 F. Supp. 3d 1284 · District Court, M.D. Florida · Dec 10, 2015
Setting aside the issues of amount and timing,'it is inconsistent for USAA to pay these fees (which would not seem to qualify as “loss” under in USAA’s preferred definition) and to then contend that sales tax is not covered … The Court does not find these subsections directly relevant here because, in settling Bastian’s claim, USAA clearly used the method in subsection (5)(a). .
Cited 10 timesPublishedIrwin v. Commissioner of Social Security
District Court, M.D. Florida · Sep 8, 2021
If any impairment or combination of impairments qualifies as “severe,” step two is satisfied and the claim advances to step three. Gray v. Comm’r of Soc. Sec., 550 F. … The ALJ provided clearly articulated reasons supported by substantial evidence of record to reject Plaintiff's extreme allegations of pain.
Cited 0 timesUnknownThe Cincinnati Indemnity Company v. Evanston Insurance Company
District Court, M.D. Florida · Dec 6, 2024
The record establishes the following relevant provisions of each policy. … Therefore, the Court may clearly consider the Agreement and the policies in deciding the motion to dismiss.
Cited 0 timesUnknownFrost v. Commissioner of Social Security
District Court, M.D. Florida · Oct 7, 2025
The Court will not disturb a clearly articulated finding that is supported by substantial evidence. Id. at 1562. … He is sick and tired all the time because cancer and chemotherapy has weakened his immune system. Chemotherapy also causes nausea and diarrhea.
Cited 0 timesUnknown
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