Case law

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.

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

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

Nevertheless, to the extent he argues that as a result of that denial, he was denied his constitutional right to counsel, this Court concludes that the state court’s adjudication 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.

Lopez v. Embry-Riddle Aeronautical University, Inc.

District Court, M.D. Florida · Nov 13, 2024

However, if a Plan participant fails to make a specific selection of investment(s) under the Plan, contributions to the Plan participant’s retirement account are automatically placed in the Plan’s Qualified Default … The plaintiff has the burden to clearly and specifically set forth facts sufficient to satisfy [the] Art[icle] III standing requirements.

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.

Lape v. Nocco

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

Only one of these acts potentially qualifies as a predicate act under the federal RICO statute. … And this allegation fails to establish open-ended continuity or injury, as “a civil RICO plaintiff must always establish a proximate-causal, ‘direct relation’ between the injury and injurious conduct at issue.”

Chait v. Commissioner of Social Security

District Court, M.D. Florida · Jul 25, 2024

To make that determination, the ALJ used the multi-step evaluation process established by the Commissioner. … Thus, the question is whether the ALJ’s explanation for this credibility finding is “clearly articulated … with substantial supporting evidence in the record.”

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

District Court, M.D. Florida · Jun 27, 2025

Thus, 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.

Runway Farms, LLC v. Oakes Farms, Inc.

District Court, M.D. Florida · Jun 3, 2021

Zwirn 3 The parties dispute whether Oakes qualifies as a growers’ agent. Yet the Court need not address that given its conclusion. … Joint control cannot be established when one party has exclusive control over the undertaking. Julian Consol. Inc. v. Conrad, 553 So. 2d 784, 784 (Fla. Dist. Ct. App. 1989).

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

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

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.

Case v. Judd

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

Rule 23 implicitly requires that the proposed class is “adequately defined and clearly ascertainable.” Carriuolo v. Gen. … Clearly, three class members would fail Rule 23(a)’s numerosity requirement.

Little v. Commissioner of Social Security

District Court, M.D. Florida · Mar 6, 2024

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. … Singletary, 62 F.3d 1295, 1298 n. 2 (11th Cir.1995) (“Issues not clearly raised in the briefs are considered abandoned.”) (citing Allstate Ins. Co. v. Swann, 27 F.3d 1539, 1542 (11th Cir.1994)).

Cannata v. United States

District Court, M.D. Florida · Sep 5, 2023

Doc. 11-2 at 4) “A petitioner can establish cause by showing that a procedural default was caused by constitutionally ineffective assistance of counsel under Strickland v. … Cannata claims counsel should have obtained the MRI films of Turner’s patients from Bowes Imaging because those films constituted “tangible evidence of spinal abnormalities qualifying each patient for treatment, for surgery

Forh v. Secretary Florida Department Of Corrections (St. Johns County)

District Court, M.D. Florida · Jan 4, 2022

application of clearly established federal law. … 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.

Encompass Health Rehabilitation Hospital of Sarasota, LLC v. Becerra

District Court, M.D. Florida · Sep 11, 2024

According to Encompass, the ALJs clearly erred by relying on the patients’ stability as a reason to deny coverage, even though the beneficiary eligibility criteria required patients to be “sufficiently stable at the time … As Encompass concedes, “the term ‘complexity’ is sometimes used as a form of proverbial shorthand to describe qualified IRF patients.” Pl. MSJ at 94.

Adams v. United States

District Court, M.D. Florida · Apr 10, 2020

According to the government, that amount still would have been enough to qualify for the 12-level enhancement, which applies whenever the loss amount is more than $250,000 but less than $550,000. … Thus, any failure on the part of Wilson’s counsel to clearly explain the possible punishment was cured by the district court.”); Gambrel v. United States, 2013 WL 3934205 at *11 (S.D. Ga.

Hollis v. Secretary Department of Corrections (Duval County)

District Court, M.D. Florida · Jul 25, 2024

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. … That decision was neither contrary to nor an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts given the evidence presented in the state court

State of Florida v. United States of America

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

“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.” Am. C.L. … Clearly, the interim policies are a work in progress as evidenced by the additions to the policies from the January 20 Memo to the February 18 Memo.

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

District Court, M.D. Florida · Apr 30, 2021

Accordingly, it cannot be said that the state court’s ruling was contrary to or an unreasonable application of clearly established federal law. See Washington v. … Crosby, 324 F.3d 1263, 1265 (11th Cir. 2003) (recognizing that a state court decision cannot be contrary to clearly established federal law “where no Supreme Court precedent is on point.”).

Montgomery v. Commissioner of Social Security

District Court, M.D. Florida · Mar 29, 2021

The ALJ concluded that Plaintiff’s prior job as a clerical helper qualifies as past relevant work. … To illustrate this thought more clearly, the following example is useful.

Lacroix v. Town of Fort Myers Beach, Florida

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

Movants must “clearly establish” each element. Callahan v. U.S. Dep’t of Health and Human Servs. Through Alex Azar II, 939 F.3d 1251, 1257 (11th Cir. 2019) (citation omitted). … signs anywhere within the Town without a permit, but it then exempted 23 categories of signs from that requirement, including ideological signs, political signs, and temporal directional signs related to a qualify