Case law

Alvarez v. Lakeland Area Mass Transit District

District Court, M.D. Florida · Aug 30, 2019

Eli Lilly & Co., 481 F.3d 556, 559 (7th Cir. 2007)(“[T]he denial of a raise — as opposed to missing out on something more transient, like a bonus — qualifies as an adverse employment … Alvarez has clearly alleged that the conditions she faced, which included micro-management, harassing emails, glaring, humiliation in front of coworkers, exclusion from meetings

Blazejowski v. Secretary, Department of Corrections (St. Johns County)

District Court, M.D. Florida · Mar 27, 2024

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

Rivera v. United States

District Court, M.D. Florida · Sep 16, 2024

Hubert and In re Fleur, 824 F.3d 1337, 1339–40 (11th Cir. 2016), that Hobbs Act robbery qualifies as a predicate crime of violence under § 924(c)); United States v. … “[T]he standard of proof is high,” and the facts must “positively, unequivocally and clearly generate [a] legitimate doubt [regarding the defendant’s competency].” Card v.

Levin v. Secretary, Florida Department of Corrections (Nassau County)

District Court, M.D. Florida · Aug 7, 2024

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

Campbell v. Commissioner of Social Security

District Court, M.D. Florida · Dec 2, 2019

These regulations establish a “sequential evaluation process” to determine if a claimant is disabled. See 20 C.F.R. § 404.1520. … VE Melissa Williamson’s resume shows she is particularly qualified as she has a master’s degree in rehabilitation counseling and is a certified rehabilitation counselor.

Hattaway v. APYX Medical Corporation

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

Loss Causation Notwithstanding Plaintiff’s failure to establish material misrepresentation or scienter, the Court will also address loss causation. … Each fails to qualify as a corrective disclosure.

Stratton v. Secretary, Department of Corrections

District Court, M.D. Florida · Apr 7, 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. … 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.

Woods v. Department of Corrections

District Court, M.D. Florida · May 19, 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. … 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.

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

District Court, M.D. Florida · May 17, 2022

Thus, an evidentiary hearing will not be conducted. 2 decision to qualify as an adjudication on the merits. See Harrington v. … Since the record clearly refutes the Defendant’s claims, his motion should be summarily denied.

Lutz v. LexJax, Inc.

District Court, M.D. Florida · Jul 30, 2024

Ala. 2022). 4 Liability “for a supervisor’s [] harassment can either be established directly or vicariously, while employer liability for a co-worker’s harassment can only be established directly.” … Thus, for the purposes of this Order, the Court finds that Walters qualifies as a “supervisor” under Title VII.

Hall v. Secretary, Department of Corrections

District Court, M.D. Florida · Sep 19, 2022

established Federal Law, as determined by the Supreme Court of the United States” or (2) “involved an unreasonable application of . . . clearly established Federal … 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.”

Belanger v. Commissioner of Social Security

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

To make this determination, the ALJ used the multi-step evaluation process established by the Commissioner. … We will not disturb “[a] clearly articulated credibility finding with substantial supporting evidence in the record.”

Chambers v. Secretary, Department of Corrections (Manatee County)

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

Petitioner’s claim is conclusory and insufficient to establish a basis for relief. … The jury verdicts in this case clearly indicate that the jury did not find Defendant’s testimony to be credible. See Verdict form, filed August 29, 2014.

Perez v. Commissioner of Social Security

District Court, M.D. Florida · Mar 8, 2023

This is clearly a deferential standard. III. … Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (“These regulations place a very heavy burden on the claimant to demonstrate both a qualifying disability and an inability to perform past relevant work.”).

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

District Court, M.D. Florida · Jun 13, 2023

To determine whether Petitioner is entitled to habeas relief, this Court must ask (1) whether the [state court] decisions were ‘contrary to, or involved an unreasonable application of, clearly established Federal law, as … Petitioner has failed to establish that the state courts’ rulings were contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.

Leon Bright v. City of Tampa

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

An order that is not appealable under either of these categories does not qualify as a “judgment” under the Rules. Id. … The Magistrate Judge concludes that the Third Amended Complaint qualifies as this type of shotgun pleading. Doc. 33 at 5.

Garner v. Pearson

545 F. Supp. 549 · District Court, M.D. Florida · Jul 23, 1982

Defendants urge that plaintiffs have not established any right to the Citizens Bank Stock. … The October 25, 1971 transaction was clearly not at arm’s length. Pearson was the president of the B-A Bank which owned the B-A Fund which was controlled by Bussey.

Davis v. Marceno

District Court, M.D. Florida · Apr 18, 2022

The cited evidence, however, does not clearly support the assertion. … Sept. 13, 2012) (finding that “medical providers in a jail setting are not immune from medical negligence”).

Stemm v. Commissioner of Social Security

District Court, M.D. Florida · Sep 30, 2020

The Plaintiff raises three challenges on appeal: (1) the ALJ erred by not developing the record as to whether the Plaintiff qualified for a closed period of disability between her alleged onset date on March 4 … Feb. 15, 2019) (citations omitted), and “cannot establish the existence of a medically determinable impairment,” Anteau, 708 F. App’x at 613 (citation omitted).

Nelson v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Sep 2, 2020

The state court’s adjudication was neither contrary to, nor based upon an unreasonable application of Henderson or any other clearly established federal law. This argument is due to be denied. ii. … Upon review of the record, the Court finds that the state court’s adjudication of this issue was neither contrary to, nor based upon an unreasonable application of clearly established federal law, and it was not based