Case law

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”).

Kelly v. Jett

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

insufficient to establish a well-founded suspicion of criminal activity to detain him. … Third, Defendants assert they are entitled to qualified immunity.

The Filta Group, Inc. v. LXU, Ltd., Kenneth Melick, Kitchen Kare Innovations, LLC and Shane Farrer

District Court, M.D. Florida · Dec 23, 2025

For this reason, as well, an injunction against the Franchisees binds Farrer and KKI, given that Farrer qualifies as LXU’s officer, agent, servant, and employee, and that KKI and Farrer are in active concert or participation … Based on the foregoing, KKI and Farrer are clearly subject to the Franchisees’ control and conspired with the Franchisees to set up and operate the competing business.

Goncalves v. Charter Schools USA at Gateway, L.C.

District Court, M.D. Florida · Jun 6, 2025

Goncalves was qualified for and had a record of exceptional performance in her roles.2 (Id. at ¶¶ 16, 46). Ms. … Clearly, the authenticity of Exhibits A and B is challenged. Charter Schools purports that Exhibit A is the charge Ms. Goncalves actually filed with the EEOC, while Ms.

Wendell Hall v. Courtney Jones, et al.

District Court, M.D. Florida · Sep 14, 2026

Therefore, they qualify as unsworn declarations that can substitute for an affidavit under 28 U.S.C. § 1746. 40). … Hall clearly does claim, however, Defendants are liable for failing to protect him after that first incident.

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

District Court, M.D. Florida · Aug 18, 2021

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). … When “[t]he [state court] [has] ‘clearly and expressly’ stated that its judgment rested on a procedural bar, and the bar provides an adequate and independent state ground for denying relief,” federal habeas relief is

Omni Healthcare Inc. v. North Brevard County Hospital District

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

Oct. 2, 1998), and thus establishes an equivalent bar, Fla. Stat. § 68.087(3)(c). See Carrel v. … As such, he could qualify as an original source. Cf.

Tanner v. Stryker Corporation of Michigan

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

Tanner told Stryker’s myHR Leaves team, a specialist HR group, that his girlfriend was pregnant and asked whether he qualified for paternity leave. … Tanner is clearly dissatisfied with Stryker’s treatment of him, it is not the Court’s place to question the wisdom of an employer’s decision. See Damon v.

Luria v. ADP, Inc.

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

Moreover, it is both logical and equitable that ADP qualify as a mere conduit under the facts presented here. … Courts in this Circuit have imposed sanctions “against appellants who raise ‘clearly frivolous claims’ in the face of established law and clear facts.” Farese v.

Small v. Jones (Duval County)

District Court, M.D. Florida · Jul 26, 2021

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). … In consideration of the foregoing, the Court finds that the state appellate court’s summary adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Walters v. Secretary, Department of Corrections (Hillsborough County)

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

Federal habeas relief under this section is only available “if the state court’s application of clearly established federal law was objectively unreasonable.” Parker v. … The post-convcition court’s rejection of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. As such, Mr.

Hallback v. Carrington Mortgage Services LLC

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

A qualified written request (“QWR”) constitutes a notice of error for purposes of RESPA. Id. § 1024.35(a). … As such, Plaintiff has not established that Defendant is a debt collector under the FDCPA.

Borgens Ex Rel. Borgens v. Halter

164 F. Supp. 2d 1309 · District Court, M.D. Florida · Mar 28, 2001

Provisions for medical equivalence are established under 20 C.F.R. § 416.926 . Provisions for functional equivalence are established under 20 C.F.R. § 416 .926a. … The medical and other evidence clearly demonstrates no motor development functional deficiency. Plaintiff does not challenge the Commissioner’s finding in this regard. 5.

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

District Court, M.D. Florida · Jul 20, 2021

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.

Horton

District Court, M.D. Florida · Nov 5, 2025

However, a review of the motion to dismiss clearly shows that Defendant Armstrong seeks dismissal of Counts VIII–X in the Amended Complaint. See generally id. U.S. … must allege to following: “(1) defendants engaged in a conspiracy; (2) the conspiracy’s purpose was to directly or indirectly deprive a protected person or class the equal protection of the laws, or equal privileges and immunities

Bouarfa v. Mayorkas

District Court, M.D. Florida · Jun 9, 2022

I-130 Petition The INA establishes the process through which a United States citizen may bring an alien who is a close relative, such as a spouse, to reside lawfully … In its letter explaining why it revoked Plaintiff Bouarfa’s visa petition, USCIS clearly stated that it based its revocation on § 1154(c).

Kurlander v. Kaplan

District Court, M.D. Florida · Aug 21, 2019

Dkt. 1 ¶ 64 (“The Kaplans have clearly disregard these obligations and their obligations under the Virginia Rules of Professional Conduct 1.7 and 1.8[.]”); Dkt. 32 at 1-2 (“[T]he Defendants . . . neglected their professional … Defendants argue that this claim is barred as a matter of law because Virginia law recognizes intracorporate conspiracy immunity.

Lewno v. Commissioner of Social Security

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

The ALJ’s analysis clearly suggests that Dr. Ragab’s opinions are inconsistent with other evidence in the record. … This is clearly sufficient. See, e.g., Lineback v. Comm’r of Soc. Sec., No. 2:20-cv-947- JLB-NPM, 2022 WL 736178, at *4 (M.D. Fla.

Cruz v. Secretary, Department of Corrections (Hillsborough County)

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

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that … 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

Creese v. Bald Eagle Towing & Recovery

District Court, M.D. Florida · Jul 5, 2021

As Bald Eagle argues, they are business records and Gruber appears qualified to lay their foundation. See Meunier Carlin & Curfman, LLC v. Scidera, Inc., 234 F. Supp. 3d 1269, 1278 (N.D. Ga. 2018). … No vehicle is immune from mishaps. Presumably for that reason, motor clubs have relationships with Bald Eagle to provide towing services for members travelling in Southwest Florida.