Case law

Opinions from 1658 to today.

Filtersflmd

2,960 results

4.53s

  • 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.

    Cited 0 timesUnknown
  • Mendoza v. Secretary, Department of Corrections

    District Court, M.D. Florida · May 29, 2020

    Mendoza carries the burden of establishing that equitable tolling is warranted. … App’x at 367- 68 (stating that lockdowns do not qualify as extraordinary circumstances warranting equitable tolling); Paulcin v. McDonough, 259 F.

    Cited 0 timesUnknown
  • Henderson v. United States

    District Court, M.D. Florida · Feb 15, 2022

    During the plea hearing Henderson acknowledged he was thinking clearly and that he understood the purpose of the hearing. … Both of these prior drug convictions qualify as third-degree felony convictions punishable by imprisonment not exceeding five years. (Civ.

    Cited 0 timesUnknown
  • Harris v. Goodwin

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

    . § 1983; (4) Harris is not entitled to declaratory or injunctive relief; and (5) the Eleventh Amendment entitles Goodwin to immunity. Motion at 5–23. … Here, Goodwin has established that the FDOC has an administrative grievance process and that Harris failed to resort to the FDOC’s established grievance process.

    Cited 0 timesUnknown
  • 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.’”).

    Cited 0 timesUnknown
  • Hulcher v. Secretary, Department of Corrections (Polk County)

    District Court, M.D. Florida · Jan 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

    Cited 0 timesUnknown
  • Testa v. GSA Access Group, LLC

    District Court, M.D. Florida · Apr 30, 2025

    Accordingly, any claim that “can reasonably be expected to grow out of the charge of discrimination” in the EEOC is permissible, including claims that “amplify, clarify, or more clearly focus the allegations … An ADEA plaintiff can establish a prima facie case of discrimination by showing that she: “(1) was a member of the protected age group, (2) was subjected to adverse employment action, (3) was qualified to do the job, and

    Cited 0 timesUnknown
  • Investment Theory, LLC v. Murphy

    District Court, M.D. Florida · Jan 5, 2021

    Appellants also assert that to reach its abstention decision the Bankruptcy Court “applied incorrect legal principles, utilizing improper procedures, leading to a clearly erroneous result.” … Trial began with Petitioning Creditors proceeding to establish their eligibility under Section 303.9 After two days, Debtor made an oral motion for directed verdict.

    Cited 0 timesUnknown
  • Sarac v. University of South Florida

    District Court, M.D. Florida · Jan 8, 2020

    Defendant argues that Plaintiff has clearly placed her mental condition in controversy and Plaintiff does not dispute this assertion. See Gritt v. … Moreover, even if the Defendant were able to locate a qualified examiner in Qatar, the parties cannot ensure that “the examining doctor [will be] available as a witness at trial.”

    Cited 0 timesUnknown
  • Vest v. Knauf Gips KG

    District Court, M.D. Florida · Feb 28, 2024

    “Evidence is excluded upon a motion in limine only if the evidence is clearly inadmissible for any purpose.” Id. … Most of the damages Plaintiff seeks qualify as economic damages which are not recoverable in product liability tort claims.

    Cited 0 timesUnknown
  • Garrett v. Secretary Fla. Dept. Corr. (Duval County)

    District Court, M.D. Florida · Jan 13, 2022

    found that Dooley’s appellate counsel was ineffective for failing to argue on direct appeal that the trial court’s instruction on justifiable use of deadly force erroneously conditioned “stand your ground immunity … 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).

    Cited 0 timesUnknown
  • Betts v. Advance America

    213 F.R.D. 466 · District Court, M.D. Florida · Feb 24, 2003

    Clearly, the facts in Betts are identical to those alleged in the instant ease. … Advance America is a duly qualified and licensed “check casher” within the meaning of Fla. Stat. § 560.309 (4).

    Cited 3 timesPublished
  • Hart v. Bear Staffing Services, Inc.

    District Court, M.D. Florida · Apr 28, 2021

    Thomas, 863 F.2d 1543, 1547 (11th Cir. 1989) (citations omitted).6 6 To establish a hostile work environment claim, Ms. … Seip’s racist remarks “which serve to amplify, clarify, or more clearly focus” the EEOC charge’s allegations. Wu, 863 F.2d at 1547.

    Cited 0 timesUnknown
  • Zeigler v. Secretary, Department of Corrections

    District Court, M.D. Florida · Sep 22, 2023

    Zeigler has not clearly presented a federal claim. … He does not show that the state court’s denial of his claim was contrary to or involved an unreasonable application of clearly established federal law, or was based on an unreasonable factual determination.

    Cited 0 timesUnknown
  • Thompson v. Commissioner of Social Security Administration

    District Court, M.D. Florida · Mar 20, 2020

    Further, the Commissioner argues that the record does not show any “evidentiary gap” that would “clearly prejudice Plaintiff.” (Id. at 16). … Thus, the regulation does not stringently prohibit an ALJ from considering whether work performed prior to the 15-year look-back period may qualify as PRW. Barnes v.

    Cited 0 timesUnknown
  • Acevedo v. Commissioner of Social Security

    District Court, M.D. Florida · Aug 15, 2022

    The Regulations establish a hierarchy among medical opinions that provides a framework for determining the weight afforded each medical opinion. … Yanez gave specific work-related limitations that qualify as medical opinions. See Tr. at 604-30.

    Cited 0 timesUnknown
  • Flowers v. Kelly

    District Court, M.D. Florida · Jun 9, 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 timesUnknown
  • Cole v. Williams

    District Court, M.D. Florida · Apr 25, 2022

    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.”

    Cited 0 timesUnknown
  • The Williams Family v. Kids First of Florida

    District Court, M.D. Florida · May 9, 2023

    , as a whole,” or “are clearly premised upon federal constitutional provisions.” … Indeed, in the related action Plaintiffs specifically assert claims “arising under 42 U.S.C. § 1983 to redress the Defendants’ deprivation under color of law of the federal rights, privileges and immunities secured . .

    Cited 0 timesUnknown
  • Lingard v. Holiday Inn Club Vacations, Inc.

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

    “But that is not a free pass—these general factual allegations must plausibly and clearly allege a concrete injury.” Muransky, 979 F.3d at 924. … Defendants do not explain why timeshare points qualify as “personal property” under the MLA; Defendants do not explain why timeshare points do not instead qualify as real property, even not an interest in a specific

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.