Case law

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.

Medtronic Xomed, Inc. v. Gyrus Ent LLC

440 F. Supp. 2d 1300 · District Court, M.D. Florida · Aug 1, 2006

Leopold, qualifies as one “skilled in the art” able to discuss the definiteness of the patent term, and that Dr. Leopold understood the so-called “supplying step” ” term. (Doc. 174-1 at 33-34.) Dr. … The alternative design would clearly be noninfringing because with the alternative pump module, irrigating fluid would more readily exit the surgical instrument and irrigate the surgical site. (Doc. 161-2 at 46^7.)

Sierra Club v. U.S. Fish and Wildlife Service

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

They contend the deliberative process privilege is limited and qualified, while the agency must specifically justify applying the privilege. … It “is a means by which adjudicative facts not seriously open to dispute are established as true without the normal requirement of proof by evidence.” Dippin’ Dots, 369 F.3d at 1204.

Durham v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Aug 24, 2023

Petitioner now argues that the state courts’ adjudication of Ground Two “resulted in a decision that is contrary to clearly established law” under Strickland and Hinton v. Alabama, 134 S. Ct. 1081 (2014). … Ground Eight Petitioner asserts that the admission of the screen shots of text messages was contrary to clearly established federal law. (Doc. 1 at 17.)

Vinhas v. Banoub

District Court, M.D. Florida · Apr 14, 2025

The non-waiver provision in the Agreement clearly precludes Appellants’ first, pattern-of-conduct estoppel argument.9 MCA Television Ltd. v. Pub. Int. … Even if it did not, Banoub’s acceptance of the late second and third payments does not establish a qualifying pattern of conduct that would estop him 9 In 1973, a Florida appellate court, apparently conflating principles

Butler v. Secretary, Florida Department of Corrections

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

established federal law. … Accordingly, upon review of the record, this Court finds 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

Jean-Philippe v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Jan 8, 2024

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.

Bowers v. United States

District Court, M.D. Florida · Jul 15, 2020

Section 924(c) violated due process because Hobbs Act robbery does not qualify as a crime of violence under Johnson v. United States, 135 S. Ct. 2551 (2015). … Contrary to Bowers’ assertion, however, under binding Eleventh Circuit precedent post-Johnson, “Hobbs Act robbery . . . clearly qualifie[s] as a ‘crime of violence’ under the use-of-force clause in § 924(c)(3)(A)” because

McGill v. Town of Howey-In-The-Hills, Florida

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

MacFarlane and McGill disagreed about whether the topics McGill intended to address qualified as town business, and MacFarlane stopped him from bringing them up. Id. … The court therefore found that the plaintiff failed to meet his burden of establishing that the police officer violated clearly established law for the purpose of defeating qualified immunity.

Haynes v. Commissioner of Social Security

District Court, M.D. Florida · Nov 12, 2019

With good cause, an ALJ may disregard a treating physician’s opinion, but he “must clearly articulate the reasons for doing so.” … Plaintiff points to no clearly prejudicial evidentiary gaps. Plaintiff’s medical care has consisted of mainly conservative treatment and medication management.

Shady Hills Energy Center, LLC v. Seminole Electric Cooperative, Inc.

District Court, M.D. Florida · Oct 3, 2022

EFS Shady Hills Expansion Holdings, an entity Defendant wishes to treat as equal to Plaintiff, clearly had notice of Defendant’s binding Article 11 rights. … This language clearly bars damages that solely relate to contractually obligated performance under the Tolling Agreement.

Puig v. Sazerac Company, Inc.

District Court, M.D. Florida · Jun 18, 2024

The regulations mandate the drink be described as a “malt beverage.” 27 C.F.R. § 7.147(b)(1)( “The statement of composition must clearly identify the base class and/or type designation of the … One of the ways a plaintiff can establish a FDUTPA claim is by plausibly alleging a per se FDUTPA violation.

Watkins v. Commissioner of Social Security

District Court, M.D. Florida · Sep 7, 2023

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. … 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).

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

District Court, M.D. Florida · Feb 22, 2022

Upon thorough 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.

Evans v. State of Florida

District Court, M.D. Florida · Oct 1, 2020

Given the attorney’s testimony at the evidentiary hearing, the Court finds the state court’s adjudication of this Strickland claim is neither contrary to nor an unreasonable application of clearly established federal law … of clearly established federal law, and was not based on an unreasonable determination of the facts given the evidence presented in the state court proceedings.

Morganti v. Florida Attorney General

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

The state court’s denial of this claim was not contrary to, and did not involve an unreasonable application of, Jackson or any other clearly established federal law. … Nor was the adjudication contrary to Strickland, Nix, or any other clearly established law.

Cockrum v. Secretary Florida Department Of Corrections (Duval County)

District Court, M.D. Florida · Aug 12, 2022

As such, 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 … The record reflects 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

Wood v. Commissioner of Social Security

District Court, M.D. Florida · Jun 25, 2021

The Court will not disturb a clearly articulated credibility finding that is supported by substantial evidence. Id. at 1562. … App’x 906, 908 (11th Cir. 2018) (“The administrative law judge was not required to state what weight he assigned to medical records that did not qualify as medical opinions.

Bayuk v. Prisiajniouk

District Court, M.D. Florida · Sep 26, 2019

All Joint Accounts are established as joint tenancy with right of survivorship only. … All Joint Accounts are established as joint tenancy with right of survivorship only.

Silas v. Commissioner of Social Security

District Court, M.D. Florida · Sep 26, 2019

To qualify for benefits by showing an unlisted impairment equals a listed impairment, Plaintiff must “present medical findings equal in severity to all the criteria for the one most similar listing.” Sullivan v. … A review of the record establishes that the ALJ properly considered Plaintiff’s obesity as required by SSR 02–1p.