Case law

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.

Zafirov v. Florida Medical Associates, LLC

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

But these are the very kind of “specific details” about false claims that establish 13 “the indicia of reliability’ necessary under Rule 9(b)[.]” United States ex rel. … Indeed, although 21 she directs some allegations toward Physician Partners and VIPcare (Florida Medical Associates), Zafirov’s complaint fails to clearly specify which

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.”

Lavender v. Caroll

District Court, M.D. Florida · Apr 27, 2020

The Eleventh Circuit explained: A decision is “contrary to” clearly established federal law “if the state court … Virginia, 443 U.S. 307, 319 (1979), or other clearly established federal law, when it concluded that there was sufficient evidence to sustain the trial court’s decision.

Rios v. Secretary, Department of Corrections

District Court, M.D. Florida · Jun 9, 2020

“Clearly established Federal law” means holdings of the U.S. Supreme Court “as of the time of the relevant state-court decision.” Id. at 1288–89. … Petitioner has not established that the state appellate court’s rejection of his claim was contrary to, or an unreasonable application of, clearly established federal law or was based on an unreasonable determination

Manning v. Johnson & Johnson Pension Committee

504 F. Supp. 2d 1293 · District Court, M.D. Florida · May 16, 2007

Mazal also noted that “[h]er Functional Capacity Examination clearly *1300 indicated that the claimant was capable of performing up to light physical demand work.” (Id. at R. 0240). On September 23, 2004, Dr. … “If a claimant successfully establishes either a palpable conflict of interest or serious procedural irregularity, [s]he must also show the conflict or irregularity caused a serious breach of the plan administrator’s fiduciary

Flynn v. Thermacell Repellents, Inc.

District Court, M.D. Florida · Aug 11, 2025

The Defendants counter that the law clearly states Amica is the only real party in interest, requiring dismissal of this matter after 18 months of litigation, which included the retention and deposition of expert witnesses … R. 5 Since the Court is granting Plaintiff leave to amend the complaint, the Court will discuss why Defendants’ “first affirmative defense” does not qualify as an objection.

Weck v. Secretary, Department of Corrections

District Court, M.D. Florida · Oct 9, 2019

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. … See Martinez, 566 U.S. at 9 (“This opinion qualifies Coleman by recognizing a narrow exception: Inadequate assistance of counsel at initial-review collateral proceedings may establish cause for a prisoner's procedural default

Wright v. Secretary, Department of Corrections

District Court, M.D. Florida · Aug 19, 2020

This sound finding is not an unreasonable application of clearly established federal law. … This state court holding is not contrary to or an unreasonable application of clearly established federal law.

Dearman v. Commissioner of Social Security

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

After considering the record as a whole, the ALJ clearly articulated explicit reasons for his findings. … 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.

Roberts v. Commissioner of Social Security

District Court, M.D. Florida · Sep 26, 2022

The hypothetical questions should reflect the specific capacity/limitations established by the records as a whole. … Accordingly, no heightened In order to qualify for reversal, a plaintiff must demonstrate prejudice. Brown v. Shalala, 44 F.3d 931, 935 (11th Cir. 1995) (citing Kelly v.

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

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

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.

Neubert Aero Corporation v. StarStone National Insurance Company

District Court, M.D. Florida · Oct 21, 2021

Plaintiff contends that Defendants failed to establish that Neubert did not comply with the Special Conditions provision. … Plaintiff does not suggest that the endorsement itself is a multiengine rating, and clearly it is not.

Love v. Commissioner of Social Security

District Court, M.D. Florida · Aug 19, 2025

The Commissioner has established a five-step sequential analysis for evaluating a claim of disability, which is by now well-known and otherwise set forth in the ALJ’s decision. … This is clearly a deferential standard. III.

Dorvil v. Secretary, DOC (Collier County)

District Court, M.D. Florida · Mar 24, 2020

“Clearly established federal law” consists of the governing legal principles espoused in the decisions of the United States Supreme Court issued when the state court decided its opinion. White, 134 S. … A state-court decision involves an unreasonable application of this Court’s clearly established precedents if the state court applies this Court’s precedents to the facts in an objectively unreasonable

Short

District Court, M.D. Florida · Dec 2, 2025

A party need not prevail on all issues to qualify as the “prevailing party.” United States v. Mitchell, 580 F.2d 789, 793 (5th Cir. 1978), superseded by statute on other grounds. … The Eleventh Circuit declined to decide whether the Supreme Court in CRST established “a bright-line rule that a defendant prevails whenever it secures an involuntary dismissal of any kind.” Id.

Disdier v. Secretary, Department of Corrections

District Court, M.D. Florida · Aug 15, 2023

“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.” Williams v.

Zimmerman v. United States

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

Zimmerman has not established prejudice resulting from counsel’s allegedly deficient advice. … Next, Zimmerman affirmed that he was thinking clearly and exercising his best judgment at the beginning of the hearing. (Criminal Case Doc. 134 at 3-4).

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

District Court, M.D. Florida · Nov 21, 2022

The Eleventh Circuit instructs: A state court’s decision is “contrary to” clearly established federal law if the state court either reaches … If the state court applied clearly established federal law to reasonably determined facts when 4 determining a claim on its merits, “a federal

Hanner v. Thomson

District Court, M.D. Florida · May 23, 2024

The defendants also argue that they are entitled to qualified immunity. (Id. at 9). … “[T]he mere opportunity for suicide, without more, is clearly insufficient to impose liability on those charged with the care of prisoners.”