Case law

Muldrow v. Garland

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

While an intervening decision of the Supreme Court can overrule the decision of a prior panel[,] . . . the Supreme Court decision must be clearly on point.” (quotations and citations omitted)). … Thus, I cannot draw a reasonable inference that he was equally or less qualified than herself.

Armoogam v. Commissioner of Social Security

District Court, M.D. Florida · Sep 15, 2020

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. … Chauhan noted that Plaintiff was an “established patient here to follow up” (Tr. 452), however, Dr.

Valenzuela Stirk v. Cruz Lopez

District Court, M.D. Florida · Mar 25, 2021

Based on her claim of a threatened abduction in Juarez, Cruz argues that M.V.C.’s removal cannot qualify as “wrongful.” … Cruz falls well short of the evidence needed to “clearly and convincingly” prove that returning M.V.C. to Juarez or to Valenzuela would expose M.V.C. to a “grave risk” of harm.

Woolbright v. Inch (Union County)

District Court, M.D. Florida · Nov 8, 2023

After a review of the record and the applicable law, the Court concludes that the state courts’ adjudications of the claim were not contrary to clearly established federal law, did not involve an unreasonable application … of clearly established federal law, and were not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.

Aqua Gulf Logistics, Inc. v. GlobalTranz Enterprises, LLC

District Court, M.D. Florida · Nov 1, 2023

Primetime also contends that GlobalTranz issued a bill of lading which “clearly indicates that TForce is the motor carrier.”5 Id. … App’x 284, 287 (3d Cir. 2019) (“If an entity accepts responsibility for ensuring the delivery of goods, then that entity qualifies as a carrier regardless of whether it conducted the physical transportation

Sheffield v. Doe 1

District Court, M.D. Florida · Jan 17, 2025

the Court to dismiss a 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 … This alone does not establish deliberate indifference.”). Therefore, the Court will dismiss Sheffield’s claim against Dr.

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

Simpson v. Recksiedler

District Court, M.D. Florida · Mar 31, 2025

. § 1983 for a violation of her due process rights, and Plaintiff’s claims against Defendant Malloy are barred by the doctrine of Eleventh Amendment immunity. … Finally, Plaintiff does not clearly state what claim or claims she alleges against each defendant, nor does she tie any specific facts to any specific defendant.

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

District Court, M.D. Florida · May 20, 2021

This Court must apply the one-year statute of limitations; AEDPA is clearly applicable to Petitioner’s case as his conviction became final after April 24, 1996, the effective date of AEDPA. … Also, Petitioner does not assert or demonstrate that he has new evidence establishing actual innocence. See Reply.

Stewart v. Jones (Putnam County)

District Court, M.D. Florida · Mar 8, 2021

After applying that deference, the Court finds that the state court’s adjudication of this claim was not contrary to clearly established federal law and did not involve an unreasonable application of clearly established … As such, the Court finds that the state court’s adjudication of this claim was not contrary to clearly established federal law and did not involve an unreasonable application of clearly established federal law.

Mony Life Insurance Company v. Perez

District Court, M.D. Florida · Feb 22, 2022

The policy application asked if the insurance was part of a qualified Retirement (Pension) Plan and the answer was “No.” Doc. 258 at 2; Doc. 262 at 2. … Besides clearly being an individual insurance policy on its face and by Perez’s and other’s uncontradicted testimony, MONY for the entire time treated the policy as individual, not ERISA-based.

Helmuth

District Court, M.D. Florida · Apr 21, 2026

In adjudicating an I-600 petition, USCIS is tasked with determining whether the child qualifies as an “orphan.” See Skalka, 246 F. Supp. 3d at 150. … If the consular officer determines the application is “not clearly approvable,” he refers it to the USCIS office in the jurisdiction. 8 C.F.R. § 204.3(k)(2).

Turner v. Commissioner of Social Security

District Court, M.D. Florida · Jul 19, 2023

To assess Turner’s claim, the ALJ used the multi-step evaluation process established by the Commissioner. … Statements about symptoms alone cannot establish disability.

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

District Court, M.D. Florida · May 23, 2023

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that … 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

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

District Court, M.D. Florida · Nov 14, 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, 13 Doc. 6-1 at 876-78.

Edouard v. Secretary, Department of Corrections (Manatee County)

District Court, M.D. Florida · Sep 22, 2025

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.” … Andrade, 538 U.S. 63, 75 (2003) (stating that “[t]he state court’s application of clearly established federal law must be objectively unreasonable” for a federal habeas petitioner to prevail and that the

Elkhorn Goldfields, Inc. v. Kapila

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

As is explained supra, this Court affirms that finding, as the Bankruptcy Court’s supporting findings of fact in the underlying Judgment were not clearly erroneous. … While this was not a formal Daubert hearing, the voir dire provided a sufficient basis to qualify Trustee as an expert. United States v.

Wagner v. Secretary, Department of Corrections

District Court, M.D. Florida · Feb 28, 2023

The state court need not issue an opinion explaining its rationale for the state court’s decision to qualify as an adjudication on the merits. See Harrington v. Richter, 562 U.S. 86, 100 (2011). … Based on the totality of the circumstances, the Court finds that the state court’s decision was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal

Settle v. DuBose

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

Defendant argues that Plaintiff failed to exhaust his administrative remedies before filing this case; Plaintiff fails to state an Eighth Amendment violation; Defendant is entitled to qualified immunity; and Plaintiff … Video evidence will clearly show these formal grievances being collected by classification officials with the lock box so such an investigation should expose corruption.

U.S. All Star Federation, Inc. v. Open Cheer & Dance Championship Series, LLC

District Court, M.D. Florida · Feb 5, 2024

Aug. 23, 2017) (“Because the commercially sensitive nature of the information is the only basis Barnett provides for nondisclosure, and its conclusory statements fall short of establishing that the information qualifies … Oct. 31, 2013) (“Good cause is established by showing that disclosure will cause ‘a clearly defined and serious injury.’”).