Case law

Barber v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Nov 12, 2019

The court gave the statutory mitigator of no prior criminal behavior established by stipulation great weight. Id. at 1959. … In the case at bar, the evidence at issue does not qualify as newly discovered, “[t]hat is, the asserted facts ‘must have been unknown by the trial court, by the party, or by counsel at the time

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.

Strother v. Commissioner of Social Security

District Court, M.D. Florida · Sep 22, 2020

An ALJ’s Five-Step Disability Analysis The Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled. … App’x 850, 852 (11th Cir. 2013) (claim advances to step three if any impairment or combination of impairments qualifies as “severe” at step two); Heatly v. Comm’r of Soc. Sec., 382 F.

Krietner v. Weber

District Court, M.D. Florida · Sep 1, 2023

The FTCA includes a limited waiver of the United States’ sovereign immunity regarding claims for money damages, injury or loss of property, or personal injury caused by the negligent or wrongful act or omission of any Government … This is clearly deficient under both subsection (B) and (C) of Rule 26(a)(2). 3 Confusing things further, Plaintiff’s motion erroneously cited Rule 26(a)(2)(C) and asked the Court for additional time to disclose “two

Montgomery v. Secretary, Department of Corrections

District Court, M.D. Florida · Apr 10, 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 by … 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.

Medallia Inc. v. EchoSpan, Inc.

District Court, M.D. Florida · Aug 21, 2023

the business of the company is carried out, the Court must determine whether Medallia satisfies the third requirement—that is, showing that the homes of EchoSpan’s employees qualify as places “of the defendant.” … “The statute clearly requires that venue be laid where ‘the defendant has a regular and established place of business,’ not where the defendant’s employee owns a home in which he carries on some of the work

Masterson

District Court, M.D. Florida · Dec 2, 2025

As such, the state court’s adjudication of this Strickland claim is neither contrary to nor an unreasonable application of clearly established federal law. … As such, the state court’s adjudication of this Strickland claim is neither contrary to nor an unreasonable application of clearly established federal law.

Grantley v. Danley

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

She further claims she is entitled to qualified immunity, and Plaintiff did not suffer any physical injury. Id. at 23- 24. In support of her position, Danley offers the Declaration of Dr. John P. … Espino further submits that Plaintiff has failed to show any delay caused him injury, he is entitled to qualified immunity, and Plaintiff suffered no physical injuries. See id. at 23-24.

Geico Marine Insurance Company v. Amzim Marine Services, LLC

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

Thus, to qualify, a dispute must relate to either the warranty or the boat. Shand’s negligence claim against Porter (which is the only claim between the parties) inescapably relates to the boat. See Doe v. … If severance is clearly “warranted to preserve federal diversity jurisdiction; to cure personal jurisdiction, venue, or joinder defect; or to allow for subsequent impleader” and “only one severance and transfer

Trejo-Lozano v. Secretary, Department of Corrections(Manatee County)

District Court, M.D. Florida · Jul 9, 2021

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.” Williams v. … Petitioner has failed to demonstrate that the state court’s decision is contrary to, or an unreasonable application of, clearly established federal law, or is based on an unreasonable determination of the facts.

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

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

The ruling was not contrary to and did no involve an unreasonable application of clearly established federal law. … Thus, the 5th DCA’s adjudication of the claim is not contrary to or an unreasonable application of clearly established federal law or based on an unreasonable determination of the facts. Ex. O.

Henderson v. Secretary, Department of Corrections (Pinellas County)

District Court, M.D. Florida · Mar 28, 2024

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.” … App’x 875, 879 (11th Cir. 2021) (“It is clearly established that strategic choices made after thorough investigation of law and facts relevant to plausible options are “‘virtually unchallengeable.’”

Pierce Manufacturing, Inc. v. E-One, Inc.

District Court, M.D. Florida · Jan 27, 2020

The written description in a patent application must “clearly allow persons of ordinary skill in the art to recognize that [the inventor] invented what is claimed,” so courts consider “whether the disclosure of the application … Or as the Federal Circuit explained, “It is established law that that which infringes, if later, anticipates if earlier.” Lisle Corp. v. A.J. Mfg. Co., 398 F.3d 1306, 1315 (Fed.

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

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

The state court need not issue a written opinion explaining its rationale in order for the state court’s decision to qualify as an adjudication on the merits. See Harrington v. Richter, 562 U.S. 86, 100 (2011). … 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

Griffin v. State of Florida (Columbia County)

District Court, M.D. Florida · Mar 21, 2024

The state court need not issue a written opinion explaining its rationale in order for the state court’s decision to qualify as an adjudication on the merits. See Harrington v. … 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

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

District Court, M.D. Florida · Aug 2, 2023

As Petitioner has failed to demonstrate that the adjudication of the state court was contrary to or an unreasonable application of any clearly established federal law as determined by the United States Supreme Court or … Petitioner has failed to demonstrate that the state court’s adjudication of the claim resulted in a decision that was contrary to, or involved an unreasonable application of clearly established federal law, or that

First Mercury Insurance Company v. First Florida Building Corporation

District Court, M.D. Florida · Sep 2, 2022

In such cases, a court may consider extrinsic facts if those facts are undisputed and, had they been pled in the complaint, clearly would have placed the claims outside the scope of coverage. … The intentional grab qualified as assault and battery under Florida law, regardless of the parties’ dispute regarding the fall; thus, there was no duty to defend as a matter of law. Id. at 1341.

Schneider

District Court, M.D. Florida · Mar 14, 2023

The Court finds Schneider has failed to establish the lack of either privity or knowledge, and indeed the evidence establishes the existence of both. … Captain Stoller is clearly qualified to state an opinion based on his many years of experience and prior testimony as an expert witness.

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

District Court, M.D. Florida · Aug 31, 2021

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.” Williams v. … That decision clearly was a matter of trial strategy (Doc. 12-6, Ex. 13, docket p. 428).

Cruz v. Commissioner of Social Security

District Court, M.D. Florida · Sep 11, 2019

“The ALJ is required to consider the opinions of non-examining state agency medical and psychological consultants because they ‘are highly qualified physicians and psychologists, who are also experts in Social Security … her back, standing for 15 to 20 minutes every hour, or sleeping must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly