Case law

Godoy v. Caliber Home Loans, Inc.

District Court, M.D. Florida · Nov 5, 2019

However, pursuant to well established Eleventh Circuit law, a communication may serve more than one purpose, and simply because a communication relates to a foreclosure action does not mean that it is also subject to the … The Amended Complaint and attachments clearly specify which amounts Plaintiffs alleged should not have been charged and RAS’ argument is no more than an argument in semantics.

MCF Enterprises, Inc. 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.

Alder

District Court, M.D. Florida · Feb 5, 2026

need not issue an opinion explaining its rationale for the state court’s decision to qualify as an adjudication on the merits. Harrington v. Richter, 562 U.S. 86, 100 (2011). … Petitioner did not, however, “clearly indicate” that she “intend[ed] to bring a federal claim.” Preston, 785 F.3d at 458.

Thalle Construction Co., Inc. v. Charlotte County, Florida

District Court, M.D. Florida · Jun 10, 2024

If the movant establishes that it is justified in seeking ex parte relief, it then must show that injunctive relief is appropriate. … “If the movant is unable to establish a likelihood of success on the merits, a court need not consider the remaining conditions prerequisite to injunctive relief.”

CDO Investments, LLC 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.

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

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

Upon thorough review of the record, the Court finds that the state appellate court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. … On habeas review, however, the Court finds that the state appellate court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Combs v. Secretary, Department of Corrections

District Court, M.D. Florida · Oct 7, 2019

“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.

Szittai v. CenturyTel Service Group, LLC

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

Under this framework, the plaintiff must initially establish a prima facie case of gender discrimination by preponderance of the evidence with four elements: (1) he is a member of a protected class; (2) he was qualified … So Szittai’s complaint to Mitchell does not qualify as statutorily protected activity.

Kinard v. The Florida Department of Corrections

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

Kinard asserts his fractured foot substantially limits his daily activities and qualifies him as a disabled individual under 42 U.S.C. § 12102(2); and he sues Defendant FDOC for allegedly violating his rights under the … Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082.

Onyenanu v. Garland

District Court, M.D. Florida · Dec 11, 2024

However, his application was denied because he failed to establish the proposed endeavor is of national importance. Id. … But caselaw clearly holds that whether or not to grant an NIW is within the USCIS’s discretion. See Brasil, 28 F.4th at 1193; Poursina v. U.S. Citizenship & Immigr.

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

District Court, M.D. Florida · Jan 3, 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, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.

Ninth Amendment Party Association v. Rambosk

District Court, M.D. Florida · Oct 27, 2023

Violation of a Civil Right/Privilege or Immunity . . . An Act or Omission required or limited by the duty(ies) of Office as prescribed by Florida CODE with specific Performance . . . … So Esquibel is currently far from establishing standing. Because Esquibel is pro se, the Court will give him leave to amend his Amended Complaint.

Young Israel of Tampa Inc v. Hillsborough Area Regional Transit Authority

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

Additionally, “even in a non-public forum,” as HART claims its property to be, “the law is clearly established that the state cannot engage in viewpoint discrimination — that is, the … If so, which religious symbols or phrases qualify?

Hall v. Palmer

District Court, M.D. Florida · Jan 13, 2020

Finally, Defendants assert a qualified-immunity defense, contending there was no clearly established law placing them on notice of a potential Eighth or Fourteenth Amendment violation when … As the Court previously ruled, Plaintiff states a claim under the Eighth and Fourteenth Amendments, and the constitutional rights at issue were clearly established. See Order (Doc. 68).

Mullins v. Commissioner of Social Security

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

The duties of the Social Worker do not clearly match the duties that Plaintiff described. … 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.

Queen v. Secretary, Florida Department of Corrections (Columbia County)

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

The First DCA’s rejection of this claim was not contrary to or based on an unreasonable application of clearly established federal law, 28 U.S.C. § 2254(d)(1), nor was it based on an unreasonable determination … The First DCA’s rejection of Petitioner’s claim was not contrary to or based on an unreasonable application of clearly established federal law, 28 U.S.C.

Besso v. Commissioner of Social Security

District Court, M.D. Florida · Mar 17, 2020

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 416.920. … The ALJ must clearly articulate the reasons for discounting a treating physician’s opinion. Hantzis v. Comm’r of Soc. Sec., 686 F. App’x. 634, 636 (11th Cir. 2017).

Albert v. Commissioner of Social Security

District Court, M.D. Florida · Mar 28, 2022

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … “An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id.

Stevenson v. Jacksonville Sheriff's Office

District Court, M.D. Florida · Jun 1, 2021

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. … Thus, a plaintiff must establish that an official policy or custom of the municipality was the “moving force” behind the alleged constitutional deprivation. See Monell, 436 U.S. at 693-94.

Taracatac-Doherty Real Property, Inc. v. Century Surety Company

District Court, M.D. Florida · Feb 14, 2024

Epstein, Becker and Green, P.C., 549 F.3d 1344, 1363 (11th Cir. 2008) (”Under Rule 37(c)(1), a district court clearly has authority to exclude an expert's testimony where a party has failed to comply with Rule 26(a) unless … Jarrell is qualified to establish causation.