Case law

San Juan Products, Inc. v. River Pools & Spas, Inc.

District Court, M.D. Florida · Feb 14, 2023

These kinds of blogs – ones that are engaged in the dissemination of news and information – may qualify as “media defendants.” … The Court finds that Plaintiffs do not qualify as public figures but considers whether they may qualify as limited public figures.

Montoya v. Commissioner of Social Security

District Court, M.D. Florida · Aug 29, 2022

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … Regardless, the finding of any severe impairment, whether or not it results from a single severe impairment or a combination or impairments that together qualify as severe, is enough to satisfy step two. Jamison v.

D'Alessandro v. Emanoilidis

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

Burnside we 7 established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. … The Court presumes a grievance concerning the denial of mental health services would qualify as a medical grievance, and D’Alessandro could bypass the informal grievance stage. 7 While

Gonzalez

District Court, M.D. Florida · Mar 30, 2026

“Because Zadvydas clearly involved detention of a petitioner during the presumptively reasonable period, it defies common sense to suggest that Zadvydas time can run while a petitioner is not in custody … Playing by the rules is commendable, but it does not buy a noncitizen permanent immunity from a final, executable deportation order.

Publix Super Markets, Inc. v. ACE Property and Casualty Insurance Company

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

July 16, 2018) (declaratory judgment was clearly ripe where insurer filed it after sending a letter to insured denying coverage of the incident). Excess insurance policies present greater uncertainty. … The letter could qualify, then, as an absolute repudiation of a duty that has not yet arisen.

Lamonaco v. Experian Information Solutions, Inc.

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

Parties may clearly and unmistakably agree by contract that an arbitrator, rather than a court, will resolve threshold arbitrability questions as well as underlying merits disputes, referred to as a delegation provision … Corp., 492 F.2d 772, 774 (5th Cir. 1974) (government waived immunity by bringing suit). Filing an answer is not meaningfully different for purposes of waiver.

Hernandez v. Oliphant Financial, LLC

District Court, M.D. Florida · Aug 13, 2021

This includes a competent declaration by a qualified custodian outlining the chain of custody of the debt leading to AIM’s ownership, as well as detailed exhibits. Id. … Moreover, Plaintiff’s counsel stated clearly at the hearing on this motion that there are “no facts to [his] knowledge” in this record to contradict Defendants’ evidence set forth as to the chain of title on this loan and

The Peninsula at St. John's Center Condominium Association, Inc. v. Amerisure Insurance Company

District Court, M.D. Florida · May 31, 2025

“Florida law clearly states that liability of an insurer depends upon whether the insured’s claim is within the coverage of the policy. … Woods’s report which explains that the balcony rails were defectively installed, and also the water intrusion Amerisure argues that neither Skanska nor the Sureties qualify as insureds or additional insureds under

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

District Court, M.D. Florida · Jul 7, 2022

Id. at 7. 2 “In a habeas corpus proceeding, the burden is on the petitioner to establish the need for an evidentiary hearing.” Jones v. Sec’y, Fla. … 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).

Weiher v. Lincare Procurement Inc.

District Court, M.D. Florida · Oct 27, 2021

Jeff does not need to receive an email that clearly says Procurement internal systems caused a delay. Did Jeff ask why there was a delay? … is a qualified individual, and (3) was discriminated against because of her disability.

Mincey v. Florida Commission Offender on Review (Union County)

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

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). … Thus, upon review of the record, this Court concludes that the state court’s adjudication of these claims was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established

Velazquez

District Court, M.D. Florida · Sep 15, 2026

As the Supreme Court has explained, “the unnecessary and wanton infliction of pain” qualifies under the Eighth Amendment as proscribed “cruel and … The record establishes, and the parties agree, that Defendant Walin observed Velazquez unresponsive in his cell. Doc. 24-1 at 1.

Swift Paws, Inc. v. Defendants Identified in Schedule A

District Court, M.D. Florida · Apr 3, 2026

Preliminary injunctive relief “is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to each of the four prerequisites.” Wall v. … Evid. 702 (providing that an expert may be “qualified . . . by knowledge, skill, experience, training, or education”).

Neves v. Elga General Services LLC

District Court, M.D. Florida · Nov 5, 2024

As discussed above, Plaintiff establishes that he is entitled to $5,225.00 in overtime compensation. … are clearly nonrecoverable.” Duckworth v. Whisenant, 97 F.3d 1393, 1399 (11th Cir. 1996); see also Rosario v. AAA Sec. Prot., Inc., No. 8:14-cv-391, 2015 WL 427533, at *4 (M.D. Fla.

Chambers v. City of Lakeland

District Court, M.D. Florida · Jun 30, 2022

Chambers must first establish a prima facie case of discrimination. Id. at 730. … Chambers does not clearly identify any other discipline or write-up she received, even following Sgt. Roberts’s employee incident report against her.

Glover v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Jul 15, 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. … application of clearly established federal law.

Adams v. Secretary, Department of Corrections

District Court, M.D. Florida · Dec 10, 2019

After a review of the record and the applicable law, the 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 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.

Health First, Inc. v. Capitol Specialty Insurance Corp.

230 F. Supp. 3d 1285 · District Court, M.D. Florida · Feb 14, 2017

To read Plaintiffs’ proposed temporal restriction into the related claims provision, which is clearly absent from the policy language, is impermissible under Florida law. … Indeed, so long as the claim qualifies as a related claim under the policy, the contract explicitly directs that the subsequent claim be deemed made when the earliest of the related claims was made.

Byte Federal, Inc. v. Lux Vending LLC

District Court, M.D. Florida · May 1, 2024

apparent confusion on the date it was required to respond to the First RFP, the Court finds there is sufficient excusable neglect for its delayed 2 Despite raising general objections to the First RFP, the letter does not qualify … Contrary to Plaintiff’s assertion, Huddled Masses’ objection clearly states the basis for its privilege objection.

Thomas-Joseph v. Commissioner of Social Security

District Court, M.D. Florida · Mar 16, 2021

The burden of establishing the existence of federal subject matter jurisdiction lies with the party that brings the claim. Sweet Pea Marine, Ltd. V. … And some decision by the Secretary is clearly required by the statute. Id.