Case law

Curry v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Oct 28, 2019

App’x 871, 872-73 (11th Cir. 2014) (holding that it was not an unreasonable application of clearly established federal law for the Florida courts to conclude that defendant could not argue that counsel had … application 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.

Bonacum

District Court, M.D. Florida · Mar 19, 2026

(Dkt. 109-2 at 2) Bonacum continues, “The email included a copy of the Injunction Order, which clearly identifies Mr. Bonacum and [CAA] as the targets of these false and misleading statements. [PDS] and Dr. … Cf. 18 U.S.C. § 1833(b) (immunity from liability for confidential disclosure of a trade secret to the government or in a court filing). Accordingly, the FUTSA claim is not due to be dismissed as preempted.

Allen v. Sunbelt Rentals, Inc.

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

The party offering an expert opinion has the burden of establishing three criteria by a preponderance of the evidence: qualification, reliability, and helpfulness. See McClain v. … First, the witness must be “qualified to testify competently regarding the matters [s]he intends to address.” Rink, 400 F.3d at 1291.

Raulerson v. Commissioner of Social Security

District Court, M.D. Florida · Mar 23, 2022

“The ALJ is required to consider the opinions of non-examining [S]tate agency medical and psychological consultants because they ‘are highly qualified physicians and psychologists, who are also experts in Social … “Without clearly articulating [her] reason for rejecting a treating physician’s opinion, the reviewing court cannot determine if the ALJ’s decision is rational or supported by substantial evidence.” Id.

Beard v. Commissioner of Social Security

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

qualifies as “severe,” step two is satisfied and the claim advances to step three. Jamison, 814 F.2d at 588. Gray v. Comm’r of Soc. Sec., 550 F. … Claimant contends that the ALJ’s failure to do so “was clearly prejudicial to [her] claim” because at step two of the sequential evaluation process, the ALJ found that “[t]hrough the date last insured, there were no medical

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

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

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 order to establish a violation of Brady v.

Vanhorn v. Commissioner of Social Security

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

The Commissioner responds that Claimant cannot demonstrate reversible error because “noncompliance was clearly not the only factor or the principal factor leading to the ALJ’s decision.” Id. at 30. … Pa. 2019).11 In this case, I find that Claimant has failed to establish that remand is appropriate for two central reasons.

McFadden v. Florida Department of Corrections (Duval County)

District Court, M.D. Florida · May 31, 2022

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

Howard v. Coonrod

District Court, M.D. Florida · Feb 17, 2023

First, there is an Initial Interview to establish a potential parole date. (Id.). … Certain punishments of offenders who committed their crimes when they were juveniles qualify as disproportionate. Roper v.

Government Employees Insurance Co. v. The Right Spinal Clinic, Inc.

District Court, M.D. Florida · Jul 6, 2022

Thus, even if doctor-supervised care is usually a qualifying medical benefit, it is not reimbursable if the supervised provider is an LMT. … Defendants do not argue that Right Spinal’s LMTs were qualified for those positions.

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

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

The Eleventh Circuit instructs: A state court’s decision is “contrary to” clearly established federal law if the state court either reaches … Thus, there is a qualifying state court decision. In this case, AEDPA deference is due.

Hall v. Commissioner of Social Security

District Court, M.D. Florida · Jul 12, 2024

If an impairment meets only some criteria, then it will not qualify, no matter the severity of the impairment. Id. … The ALJ clearly considered Dr.

Ripson v. Commissioner of Social Security

District Court, M.D. Florida · Jan 18, 2023

To make this determination, the ALJ used the multi-step evaluation process established by the Commissioner. … With good cause, an ALJ may disregard a treating physician’s opinion, but he must clearly articulate [the] reasons for doing so.

Mathieson v. Wells Fargo Bank, N.A.

District Court, M.D. Florida · Sep 8, 2021

Mathieson that Plaintiffs’ account qualified for certain “available options.” Dkt. 35-3 at 1 (Feb. 10 letter). … To the contrary, the allegations establish that Wells Fargo is a creditor.

Perez v. Cigna Health and Life Insurance Company

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

Specifically, Perez’s conduct that qualifies as protected activity includes (i) his informing Kania in late August 2017 that he was going on leave to support his wife who had filed … At that juncture, he chose to clearly limit his retaliation claim to the termination decision.

Budzinski v. Mystic Powerboats, Inc.

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

In Budzinski’s words, these “Defendants’ creative employment of [MPN as] an intermediary does not render them immune from suit for their unjust enrichment.” (Dkt. 93 at 5.) … The court agrees that the provision does not clearly and unequivocally express an intent to indemnify Mystic Powerboats and Cosker for their own misconduct.

Graves v. Avis Budget Group, Inc.

District Court, M.D. Florida · Aug 15, 2022

On the other hand, knowledge alone is not enough to establish causation. … C, E, F, G, H) are admissible for their truth because they qualify as business records. Doc. 43 at 5 n.8. The Court does not agree.

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

District Court, M.D. Florida · Jul 31, 2020

As such, federal courts may not grant habeas relief unless one of the claims: "(1)'was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … In Knight, the Eleventh Circuit explained: A decision is “contrary to” clearly established federal law “if the state court arrives

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

District Court, M.D. Florida · Jul 25, 2023

Thus, an evidentiary hearing will not be conducted. 2 decision to qualify as an adjudication on the merits. See Harrington v. … Moreover, this Court finds that the Defendant has not only failed to establish deficient performance by his attorney, but has also failed to establish prejudice in this matter.

Branco v. Commissioner of Social Security

District Court, M.D. Florida · Mar 23, 2020

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. … “A clearly articulated credibility finding with substantial supporting evidence in the record will not be disturbed by a reviewing court.” Foote v.