Case law

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

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

As determined below, the application is time-barred and Williams qualifies for no exception to the limitation. … Instead, the State sought to establish its case through testimony that placed Williams and Culbreth alone in their apartment on the night of the murder and forensic evidence that established that the

Hammond v. Secretary Department of Corrections (St. Johns County)

District Court, M.D. Florida · Nov 30, 2023

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.

Martin-Godinez v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Aug 6, 2024

Upon thorough review of the record, the Court finds that the state court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. … Upon thorough review of the record, the Court finds that the state court’s adjudication of these claims was neither contrary to, nor an unreasonable application of, clearly established federal law.

Larson v. Commissioner of Social Security

District Court, M.D. Florida · May 2, 2023

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 observed that Plaintiff was prescribed medication appropriate for his established impairments. (Tr. 21).

Porras v. United States

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

A determination of admissibility requires findings that “(1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions … A plaintiff establishes a prima facie case of permanency by presenting expert testimony. See id.

Brooks v. Secretary Florida Department Of Corrections (Duval County)

District Court, M.D. Florida · Apr 28, 2022

of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence 8 Williams 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.

Nelson v. Gualtieri

District Court, M.D. Florida · Nov 23, 2020

The Sheriff moves to dismiss Count I as a shotgun pleading, arguing that the Fourth Amended Complaint should be dismissed because it “does not clearly set forth which causes of action are being supported by which factual … Section 1983 liability will be imposed on any person who, under color of state law, deprives a person “of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983.

Alcindor v. DeJoy

District Court, M.D. Florida · Aug 31, 2023

Step one of McDonnell Douglas requires that an employee establish a prima facie case of discrimination by showing that: (1) he belongs to a protected class; (2) he suffered an adverse employment action; (3) he was qualified … To establish a prima facie RA discrimination claim, a plaintiff must show that: (1) he was disabled at the time of the discrimination; (2) he was otherwise qualified for the position; and (3) he was discriminated against

Ford Motor Co. v. O.E. Wheel Distributors, LLC

868 F. Supp. 2d 1350 · District Court, M.D. Florida · Apr 12, 2012

Moreover, all of these marks, having no qualities inherently related to automobiles or auto accessories, qualify as “arbitrary or fanciful” trademarks. … If a claimant establishes wrongful seizure based upon bad faith, such claimant may also recover punitive damages. Id. .

Watkins v. Secretary, Florida Department of Corrections

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

After a review of the record and the applicable law, the Court concludes that the state court’s adjudication of the claim was not contrary to clearly established federal law, did not involve an unreasonable 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.

Craig Deligdish v. North Brevard County Hospital District and Halifax Hospital Medical Center Taxing District

District Court, M.D. Florida · Aug 14, 2026

As to the conspiracy claims, the court concludes that Deligdish has abandoned them, but even if he has not, he cannot establish these claims for the same reason he cannot establish his other FCA claims. … And because he cannot establish his FCA claims, he cannot establish his FFCA claims.

McChriston v. Secretary Department of Corrections (Duval County)

District Court, M.D. Florida · Mar 8, 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. … 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.

Rushing v. Wells Fargo Bank, N.A.

752 F. Supp. 2d 1254 · District Court, M.D. Florida · Nov 8, 2010

Based on media reports and the downgrading of Lehman in June 2008, Wachovia clearly knew the Lehman Notes were no longer consistent with the County’s conservative investment objectives. … Instead, the County alleges that Wachovia held itself out to be a knowledgeable, qualified, and experienced investment advisor and that the investments did not comply with the Revised County Guidelines. (Doc.

Davis v. Portfolio Recovery Associates, LLC

District Court, M.D. Florida · Sep 10, 2021

To qualify as “concrete,” the injury must be “real, and not abstract.” Id. (quoting Spokeo, 136 S. Ct. at 1548). … Rule 12(b)(6) — Failure to State a Claim “To establish a violation of the FDCPA, the plaintiff must show (1) the defendant qualifies as a ‘debt collector,’ (2) the challenged conduct was made ‘in connection

Bush

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

To establish a prima facie case of race discrimination under McDonnell Douglas, Bush must show she: (1) is a member of a protected class; (2) was qualified for the position; (3) suffered an adverse employment action; and … requiring Bush to show: (1) she belongs to a protected class; (2) she applied for and was qualified for a promotion; (3) she was rejected despite her qualifications; and (4) that other equally or less-qualified

Hulon v. Commissioner of Social Security

District Court, M.D. Florida · Mar 29, 2021

(Doc. 16.) 2 Plaintiff had to establish disability on or before December 31, 2018, her date last insured, in order to be entitled to a period of disability and DIB. … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v.

King v. Inch (Flagler County)

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

Consequently, the Court finds that the state appellate court’s summary adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. … App’x 871, 872-73 (11th Cir. 2014) (holding that it was not unreasonable application of clearly established federal law for the Florida courts to conclude that defendant could not argue that counsel had been ineffective

Rabuck

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

Starting with the first stage of the two-step inquiry, Debt Collector has not established that it actually employed procedures to avoid errors. … However, those procedures were clearly not followed here.

Young v. Hutchins

383 F. Supp. 1167 · District Court, M.D. Florida · Oct 8, 1974

Young, had been in the employment of the Department of Public Safety, Motor Vehicle Inspection Division, City of Jacksonville, Florida, since August 7, 1968, and had achieved permanent civil service status after being duly qualified … First of all, six justices agreed that the Lloyd-LaFollete Act which guaranteed the affected employee continued employment absent “cause” for discharge clearly conferred on him a legitimate claim of entitlement which constituted

Hill v. Aramark, LLC

District Court, M.D. Florida · Apr 4, 2025

Jan. 26, 2024) (granting summary judgment where the defendants produced the affidavit of a food service administrator who stated the inmate’s diabetic diet menu “was developed by qualified [South Carolina Department … producing healthy blood cells and building healthy [immune] system to fight off illness.” Dkt. 88 at 3, 8.