Case law
Opinions from 1658 to today.
2,960 results
1.37s
District Court, M.D. Florida · Sep 30, 2024
On appeal, a court’s “findings of fact—including [its] determinations of the credibility of witnesses and [the] weight of the evidence”—will be upheld unless they are clearly erroneous. Sidman v. … Sovereign immunity ordinarily protects the federal government and its agencies from civil liability. Fed. Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 475 (1994).
Cited 0 timesUnknownDistrict Court, M.D. Florida · Mar 12, 2026
True, ineffective assistance of appellate counsel qualifies as cause. However, Mr. Streeter has not established that appellate counsel was ineffective. … Streeter is clearly dissatisfied with the assistance Mr. Rankin and Mr.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Sep 17, 2025
The Eleventh Circuit has confirmed that providing a cellular telephone number to a company “qualifies as prior express consent under the TCPA[.]” Lawrence v. Bayview Loan Servicing, LLC, 666 F. … The Regulations clearly indicate that providing one’s telephone number constitutes consent for which the number was provided.
Cited 0 timesUnknownRhodaback v. Secretary, Department of Corrections (Duval County)
District Court, M.D. Florida · Aug 18, 2025
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). … state court has adjudicated a petitioner’s claims on the merits, a federal court cannot grant habeas relief unless the state court’s adjudication of the claim was “contrary to, or involved an unreasonable application of, clearly
Cited 0 timesUnknownOrtiz-Guzman v. Commissioner of Social Security
District Court, M.D. Florida · May 6, 2025
Rhodes’s opinions, which the ALJ clearly considered in the decision, Claimant points to nothing further. See Doc. Nos. 14, 19. … Accordingly, Claimant has not established that additional medical evidence or a consultative examination was required.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Mar 11, 2026
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. Harrington v. Jones v. Sec’y, Fla. … state court has adjudicated a petitioner’s claims on the merits, a federal court cannot grant habeas relief unless the state court’s adjudication of the claim was “contrary to, or involved an unreasonable application of, clearly
Cited 0 timesUnknownWebster v. Secretary, Florida Department of Corrections
District Court, M.D. Florida · Oct 14, 2020
The Defendant was clearly told, and clearly acknowledged, that his sentence would be between 15 and 30 years [with a mandatory minimum sentence of 15 years] if he was arrested for a new … Petitioner fails to point to any clearly established rule or law that requires a trial judge to explain the reasons for his or her recusal, or that a due process violation occurs when a defendant is sentenced by a different
Cited 0 timesUnknownGeer v. Secretary, Department of Corrections (Pinellas County)
District Court, M.D. Florida · Sep 4, 2025
For purposes of § 2254(d)(1), the phrase “clearly established Federal law” encompasses the holdings only of the United States Supreme Court “as of the time of the relevant state-court decision.” , 529 U.S. 362, 412 … 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.”
Cited 0 timesUnknownWorrell v. Secretary, Florida Department of Corrections (Duval County)
District Court, M.D. Florida · Aug 7, 2023
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). … As such, upon review of the record, the Court concludes that the state court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.
Cited 0 timesUnknownJohnson & Johnson Vision Care, Inc. v. Ciba Vision Corp.
540 F. Supp. 2d 1233 · District Court, M.D. Florida · Mar 14, 2008
Clearly, the consumer must be able to easily remove the lens from the eye for disinfecting, cleaning, or disposal. … Nicolson’s representation to the USPTO examiner did not clearly and unambiguously disclaim and disavow the scope of the CIBA patents’ claims.
Cited 5 timesPublishedDistrict Court, M.D. Florida · Aug 5, 2026
The facts here establish that Candu’s negligence was the sole cause of the Pappas Claim. Therefore, under the Policies’ text, coverage provided by the Everest Policy remains primary. … Clearly, Harbor Freight is obligated to first satisfy the settlement with its own funds. D.
Cited 0 timesUnknownMcKenzie v. United States Tennis Association Incorporated
District Court, M.D. Florida · Aug 16, 2024
App’x 415, 417–18 (11th Cir. 2015), the Court noted that the Supreme Court has identified three factors for determining when judicial estoppel may be invoked: “(1) whether the present position is clearly inconsistent … Battaglia occupied a position too low to qualify. (Id. at pp. 19–20 (citing Wells Fargo Bank, N.A. v. Elec.
Cited 0 timesUnknownBoykins v. Secretary, Florida Department of Corrections
District Court, M.D. Florida · Aug 26, 2020
According to Brown, he did not clearly see the faces of the other individuals because as soon as he opened the door, Petitioner grabbed Brown and they engaged in a “scuffle” before Petitioner pulled Brown inside the hotel … The Eleventh Circuit found Fleming’s testimony qualified as newly discovered evidence under the statutory criteria of 28 U.S.C. § 2244(b)(2)(B)(i)-(ii); and explained “Boykins has at least presented a prima facia case
Cited 0 timesUnknownLaws v. Commissioner of Social Security
District Court, M.D. Florida · Sep 27, 2022
“If an impairment manifests only some criteria, then it does not qualify, no matter how severe the impairment.” Gardner, 2021 WL 3674305, at *4 (citing Sullivan v. Zebley, 493 U.S. 521, 530 (1990)). … The Court will not disturb a clearly articulated credibility finding that is supported by substantial evidence. Id. at 1562.
Cited 0 timesUnknown58 F.R.D. 389 · District Court, M.D. Florida · Nov 13, 1972
guilty than among those who plead guilty, there is a chilling effect in a capital case upon a defendant’s right to a jury trial and that, second, since no juror could be chosen from that vast majority of persons otherwise qualified … necessary, in a ease such as this for a court to allow a petition for writ of habeas corpus to proceed upon an appropriate determination in accordance with Rule 23 of the Federal Rules of Civil Procedure as such a procedure clearly
Cited 6 timesPublishedBaxter v. Wexford Health Sources, Inc.
District Court, M.D. Florida · Sep 18, 2024
Plaintiff clearly states (or clearly suggests) in his SAC that his cane was taken away after his June 2, 2014 appointment with Dr. Berrios and after Dr. Berrios threatened him about filing grievances. … [FN] To establish a prima facie case under the ADA, Mr.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Dec 29, 2025
At the pleading stage, a plaintiff must clearly allege facts demonstrating each element for each claim. Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016). … “Certainly, an economic injury qualifies as a concrete injury.” Debernardis v. IQ Formulations, LLC, 942 F.3d 1076, 1084 (11th Cir. 2019) (citing Clinton v.
Cited 0 timesUnknownZenteno v. Bank of America, N.A.
District Court, M.D. Florida · Aug 19, 2020
Having established that the fraud claim is post-petition, the next issue is that the Rydell Lane Home was surrendered during Plaintiffs’ bankruptcy. … The case law clearly resolves two issues in this case. First, the fraud claim involving statements made by BOA regarding the HAMP program is a post-petition claim.
Cited 0 timesUnknownCurry v. Commissioner of Social Security
District Court, M.D. Florida · Mar 13, 2020
(R. 853-56) Plaintiff’s date of last insured (DLI) is March 31, 2010 (R. 642); Plaintiff must establish he was disabled by his DLI to receive benefits. … These regulations establish a “sequential evaluation process” to determine if a claimant is disabled. See 20 C.F.R. § 404.1520.
Cited 0 timesUnknownMcCrimmon v. Centurion of Florida, LLC
District Court, M.D. Florida · Feb 7, 2022
The 4 Centurion previously argued Florida’s sovereign immunity statute barred the wrongful death claim against it—an argument the Court rejected in ruling on Centurion’s motion to dismiss. … 18 However, Plaintiffs’ request for unredacted versions of documents already disclosed is reasonable given the parties are bound by a HIPAA qualified
Cited 0 timesUnknown
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