Case law

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.

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

Diaz v. Secretary, DOC (Collier County)

District Court, M.D. Florida · Feb 12, 2020

“Clearly established federal law” consists of the governing legal principles set forth in the decisions of the United States Supreme Court when the state court issued its decision. White, 134 S. Ct. at 1702; Carey v. … A decision is “contrary to” clearly established federal law if the state court either: (1) applied a rule that contradicts the governing law set forth by Supreme Court case law; or (2) reached a different result from the

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.

Goldsboro v. Doe

District Court, M.D. Florida · Aug 5, 2025

“Access to the courts is clearly a constitutional right,” as implied by “the First Amendment, the Article IV Privileges and Immunities Clause, the Fifth Amendment, and/or the Fourteenth Amendment.” … The granting of preliminary injunctive relief is “an ‘extraordinary and drastic remedy,’ and [Plaintiff] bears the ‘burden of persuasion’ to clearly establish all four of these prerequisites.” Wreal, LLC v.

Gillis

District Court, M.D. Florida · Mar 12, 2026

This is clearly a deferential standard. III. … The ALJ determined Plaintiff had impairments that qualified as severe.

McCray v. Florida Gypsum, LLC

District Court, M.D. Florida · May 23, 2025

He also clearly testified that bonus reductions or revocations and suspensions without pay were both forms of discipline that Vatos employed. (See id. at 146–47.) Indeed, Mr. … Delgado opined that Defendants employed sufficient employees to qualify them under the FMLA—a legal conclusion that the court disregards, see Bucklew v.

Roland v. Secretary, Florida Department of Corrections (Flagler County)

District Court, M.D. Florida · Aug 19, 2021

The state court’s decision was not contrary to, or an unreasonable application of, clearly established federal law, nor was it based on an unreasonable determination of the facts. … The state court’s decision was not contrary to, or an unreasonable application of, clearly established federal law, nor was it based on an unreasonable determination of the facts.

Campa v. United States

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

“[B]etween those poles” is the situation “when the defendant has not clearly conveyed his wishes one way or the other.” Id. … He only provided information prior to sentencing, which was insufficient to qualify as substantial assistance.

Boutin v. Secretary, Department of Corrections

District Court, M.D. Florida · Jun 16, 2020

Petitioner is unable to establish the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly established … Petitioner is unable to establish the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly established

Rogers v. Centurion of Florida, LLC

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

contends that the Court should dismiss the claims against him for the following reasons: (1) Rogers failed to properly exhaust his available administrative remedies; (2) Dixon is entitled to Eleventh Amendment immunity … Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082.

D. L. v. Hernando County Sheriff's Office

District Court, M.D. Florida · Nov 16, 2023

The HCSO Defendants argue that the Second Amended Complaint is subject to dismissal because it “fails to clearly indicate whether the claims are raised against . . . … Thus, the Second Amended Complaint, on its face, sufficiently establishes a right to seek compensatory damages.

Davis v. Singletary

853 F. Supp. 1492 · District Court, M.D. Florida · May 25, 1994

Fourth, counsel failed to “death qualify” the jury. Pet. at 73, 107. Fifth, counsel was ineffective for failing to seek individual voir dire of the jury venire. Pet. at 108. … No. 16) at 23. 80 This claim clearly is an unexhausted claim.

Hearns v. Secretary, Department of Corrections (Sarasota)

District Court, M.D. Florida · Mar 21, 2024

“The focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, . . . an unreasonable application is different from an incorrect one.” Bell v. … The phrase “clearly established Federal law” encompasses only the holdings of the United States Supreme Court “as of the time of the relevant state-court decision.”

Weddington, II v. Secretary Department of Corrections (Nassau County)

District Court, M.D. Florida · Aug 20, 2025

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. … 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.

Drummond

District Court, M.D. Florida · May 11, 2026

“A court has the power to exclude evidence in limine only when evidence is clearly inadmissible on all potential grounds.” Id. … Jennifer Nicholson, to establish “the annual marketing expenditures of FCC and the types of actions that would be necessary to correct the damage to FCC’s marks.”

Alford

District Court, M.D. Florida · Jun 4, 2026

Fleming Supermarkets of Fla., Inc., 196 F.3d 1354, 1360 (11th Cir. 1999) (“Our caselaw quite clearly instructs that plaintiffs, who have been discharged from a previously held position … “A reduction in an employee’s hours, which reduces the employee’s take-home pay, qualifies as a tangible employment action.” Cotton v.

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

District Court, M.D. Florida · Apr 18, 2022

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 in light of the evidence presented in the state court proceedings.

Kitzel v. Tunnell Government Services Inc

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

“Indeed, it is well-established that the words ‘transacts business’ in federal venue statutes cover even minimal commercial activity.” … “A basic principle under [Section] 1404(a) is that the plaintiff’s choice of forum should not be disturbed unless it is clearly outweighed by other considerations.”

Nardelli v. Commissioner of Social Security

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

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 416.920. … Thus, these assessments are clearly inconsistent with the objective medical evidence[] and are not persuasive.