Case law

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

Comcast SCH Holdings, Inc. v. Villages of Lake-Sumter, Inc.

168 F. Supp. 2d 1338 · District Court, M.D. Florida · Aug 17, 2001

Cable Holdings en banc, despite the published dissent of Chief Judge Tjoflat, and while that denial of en banc reconsideration may not be the functional legal equivalent of an en banc endorsement of the panel opinion, it clearly … Marion County has issued permits to Comcast to install facili *1349 ties in Marion County and thus Comcast would qualify as a franchise under the Cable Act under either scenario. 31 .Doc. 12, Ex A. 32 .

Seymore v. United States

District Court, M.D. Florida · Jan 4, 2024

Washington, the Supreme Court established a two-part test for determining whether a convicted person may have relief under the Sixth Amendment. 466 U.S. 668, 687-88 (1984). … Seymore also stated that he was thinking clearly, knew the importance of the proceeding, and what he was there to do. (Id. at).

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.

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

Stoloff v. Commissioner of Social Security

District Court, M.D. Florida · Mar 27, 2024

A reviewing court will not disturb a clearly articulated finding regarding a claimant’s subjective complaints supported by substantial evidence in the record. Id. (citing Foote v. … impairment or a combination of impairments that together qualify as severe, is enough to satisfy the requirement of step two.”

Pro Music Rights, LLC v. Meijer, Inc.

District Court, M.D. Florida · Jan 11, 2021

Horizon 2 Five sections of the statute— §§ 48.193(1)(a)(3), (4), (5), (8), and (9)—clearly do not apply. Aggressive Growth, L.P. v. … Pro Music Rights adds no other language to establish a tort claim.

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.

Tyler v. Commissioner of Social Security

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

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. … The new SSA regulations also altered the parameters of what qualifies as a medical opinion.

Green v. Secretary, Department of Corrections (Duval County)

District Court, M.D. Florida · Jun 27, 2025

of clearly established federal law, and was not based on an unreasonable determination of the facts. … 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.

Ben Hill Griffin, Inc. v. Anderson

District Court, M.D. Florida · Nov 23, 2022

The MS Plan is a non-qualified plan of deferred compensation. (Doc. # 47-8). … Under Section 1056(d)(3)(C), a domestic order is a QDRO: only if [it] clearly specifies — (i) the name and the last known mailing address

Greer v. Ivey

District Court, M.D. Florida · Dec 23, 2019

Clearly, Dr. Podjaski’s opinion of Christopher’s arm placement was based on his examination and autopsy. See Singletary v. Stops, Inc., No. 6:09-cv-1763-Orl-19KRS, 2010 WL 3517039, at *7 (M.D. Fla. … Legal Standard Although opinion testimony is generally inadmissible, Federal Rule of Evidence 702 permits “[a] witness who is qualified as an expert by knowledge, skill,

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.

Fowler v. Secretary, Department of Corrections (Pasco County)

District Court, M.D. Florida · Mar 4, 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

Hefner v. Secretary, Department of Corrections

District Court, M.D. Florida · Dec 6, 2019

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 … 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.

Melaney v. Harbor Freight Tools USA, Inc.

District Court, M.D. Florida · May 12, 2023

The party offering an expert opinion has the burden of establishing three criteria by a preponderance of the evidence: qualification, reliability, and helpfulness. See McClain v. … First, the witness must be “qualified to testify competently regarding the matters [s]he intends to address.” Rink, 400 F.3d at 1291.

Conner v. Marriott Hotel Services

District Court, M.D. Florida · Oct 14, 2021

“The trial court is given wide discretion in setting the limits of discovery, and its judgment will be overturned only when a clearly erroneous principle of law is applied or no evidence rationally supports … Such person may unobtrusively observe the examination, unless the examiner establishes that no other qualified individual in the area would be willing to conduct the examination with such person present.

Hart v. Secretary, Department of Corrections (Sarasota County)

District Court, M.D. Florida · May 4, 2023

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.”

Nibbelink v. Secretary Department of Corrections (Duval County)

District Court, M.D. Florida · Mar 12, 2024

As such, 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 this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Fuller v. Florida Department of Corrections

District Court, M.D. Florida · Dec 4, 2023

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. … 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