Case law

Johns v. Commissioner of Social Security

District Court, M.D. Florida · Aug 1, 2022

If an impairment meets only some criteria, then it will not qualify, no matter the severity of the impairment. Id. … If the ALJ discredits this testimony, then the ALJ “‘must clearly articulate explicit and adequate reasons for’ doing so.” Id. (quoting Dyer, 395 F.3d at 1210).

Collas v. Commissioner of Social Security

District Court, M.D. Florida · Feb 8, 2022

The VE clearly cited the representative occupation (Tr. 686). … App’x at 935 (upholding an ALJ’s finding that 23,800 jobs nationwide established the existence of work in significant numbers); Brooks, 133 F.

Lange v. Tampa Food and Hospitality, Inc.et al

District Court, M.D. Florida · Feb 22, 2021

Plaintiff’s position clearly differs from those cases finding exotic dancers as being integral to the success of adult entertainment clubs. See, e.g., Shaw v. Set Enterprises, Inc., 241 F. Supp. 3d 1318, 1327 (S.D. … The exemption should “be applied only to those [employees] clearly and unmistakably within the terms and spirit of the exemption.” Morgan, 551 F.3d at 1269 (quoting Brock v.

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

District Court, M.D. Florida · Mar 10, 2025

As such, upon review of the record, this Court concludes that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly … 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 court proceedings.

Go Mobile Flooring, LLC v. Blue Banyan Solutions, Inc.

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

Clearly Ascertainable In this section, Defendant argues it is entitled to summary judgment on Plaintiff’s damages because none of the listed categories are “clearly … ipse dixit of an admittedly qualified expert, the reliability prong would be, for all practical purposes, subsumed by the qualification prong.”

Pane Rustica, Inc. Mangio Sano Enterprises v. Greenwich Insurance Company

District Court, M.D. Florida · Mar 22, 2021

Second, Pane Rustica argues that the Civil Authority provision requires only “damage” to a property within a mile of the covered property, not physical loss or damage, such that the shutdown of two nearby restaurants establishes … Finally, Pane Rustica does not allege “dangerous physical conditions” resulting from the damage to these restaurants or that the government ever sought access to them, both of which are required to qualify under

Pasche v. Total Quality Logistics, LLC

District Court, M.D. Florida · Sep 19, 2024

(Id. at 2) First, Defendant argues that Plaintiffs do not qualify as “transportation workers” exempt from the FAA under § 1. … Nov. 2, 2023) (finding that salespersons engaged in moving goods that at some point pass through interstate commerce did not establish that the salespersons themselves engaged in interstate commerce); See Nunes v.

Faircloth v. United States

District Court, M.D. Florida · May 18, 2020

Here, the record clearly establishes that counsel did file a Notice of Appeal after the re-sentencing. (Cr. Doc. #81.) The Eleventh Circuit affirmed. United States v. … More importantly, the record clearly establishes that at re-sentencing the government continued to request a four-level reduction for substantial assistance (Cr.

Martin K. Eby Construction Co. v. Jacksonville Transportation Authority

436 F. Supp. 2d 1276 · District Court, M.D. Florida · Mar 21, 2005

The Bid Award to Eby JTA awarded the Wonderwood 2 contract to Eby as the lowest qualified bidder. The contract was for a fixed price of $36,887,852.12. … United States, 294 F.3d 1357, 1364 (Fed.Cir.2002)(“It is well-established that a crucial element of ... a defective specifications claim is reliance.”); Robins Maint. v.

In Re: LoanCare Data Security Breach Litigation

District Court, M.D. Florida · Sep 9, 2025

Based on this definition, the Settlement Class is adequately defined and clearly ascertainable. C. … Here, the parties reached the settlement with the involvement of a qualified and neutral mediator. Final Mot. at 15–16.

Ruise v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Oct 23, 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. … 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.

Mogensen v. Body Central Corp.

15 F. Supp. 3d 1191 · District Court, M.D. Florida · Mar 19, 2014

“To qualify as ‘strong’ ... an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” … To be sure, a securities fraud complaint may rely on information allegedly provided by confidential witnesses to establish a strong inference of scienter.

Walker

District Court, M.D. Florida · Dec 15, 2025

was not required to float—was qualified based only on prior experience (not cross- training). … Jimenez’s bonus also qualifies as a specific employment decision[ ] with immediate consequences.

Bostic v. Jones

District Court, M.D. Florida · Apr 6, 2020

The state court need not issue an opinion explaining its rationale in order for the state court’s decision to qualify as an adjudication on the merits. See Harrington v. Richter, 562 U.S. 86, 100 (2011). … state court has adjudicated a petitioner’s claims on the merits, a federal court cannot grant habeas relief unless the state court’s adjudication of the claim was “contrary to, or involved an unreasonable application of, clearly

Crawford v. Secretary, Department of Corrections (Pasco County)

District Court, M.D. Florida · Sep 17, 2024

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.” … Even apart from the absence of clearly established federal law, Mr. Crawford cannot show that the admission of the texts “failed the due process test of fundamental fairness.” Dowling v.

Lewis v. Secretary, Department of Corrections

District Court, M.D. Florida · May 28, 2020

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. … Lewis has not identified any clearly established federal law stating that there is a constitutional right to dismiss a case based on objective entrapment.

Mobile Shelter Systems USA, Inc. v. Grate Pallet Solutions, LLC

845 F. Supp. 2d 1241 · District Court, M.D. Florida · Jan 14, 2012

It also argues that its products are established in the military market and have acquired secondary meaning in that market. (Id. at 13-16.) … To establish a claim of trade dress infringement, Plaintiff must prove three elements. Bauer Lamp Co. v. Shaffer, 941 F.2d 1165, 1170 (11th Cir.1991).

Nutramax Laboratories, Inc. v. Lintbells Inc.

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

Representations that the products are “natural” or made with natural ingredients may not be clearly misleading – certainly, some ingredients are natural. … But the Court is not prepared to say definitively, at this time, that Defendants’ “new standard” statement qualifies as an opinion.

National Parks Conservation Ass'n v. United States Department of Interior

46 F. Supp. 3d 1254 · District Court, M.D. Florida · Sep 19, 2014

In the absence of such a final agency action, Defendants as *1282 sert that the United States remains immune from judicial review. (Doc. # 164, pp. 4-5, 22-23.) … Council, 490 U.S. 360, 377-78 , 109 S.Ct. 1851, 1861 , 104 L.Ed.2d 377 (1989) (“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even

Selby v. YACHT STARSHIP, INC.

624 F. Supp. 2d 1367 · District Court, M.D. Florida · Aug 20, 2008

The movant bears the initial burden of establishing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323 , 106 S.Ct. 2548 . … See Godard, 485 F.Supp.2d at 1300 (concluding that "[l]aunch operators are clearly not rendering service primarily as an aid in the operation of their vessel as a means of transportation when they are ... performing landscaping