Case law

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

Hayes v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Dec 7, 2020

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. Richter, 562 U.S. 86, 100 (2011). … establish that the attorney would have discovered unknown information had [s]he deposed the witness.

Ramirez v. Commissioner of Social Security

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

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. … After a claimant has established a qualifying medical condition, then the ALJ must consider all the evidence about the intensity, persistence, and functionally limiting effects of pain or other symptoms in deciding

Nolan v. St. Johns County School Board

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

establish a convincing mosaic of evidence to support discrimination. 17 McCreight v. … Class schedules for teachers change every year and such assignments are clearly within the discretion of the employer. See Chapman v.

Andersen v. Commissioner of Social Security

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

Plaintiff has minimal work experience as a car attendant, cashier, customer service representative, and greeter but has never held employment long enough to qualify as substantial gainful activity. … These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920.

Lockheed Martin Corp. v. Galaxis USA, Ltd.

222 F. Supp. 2d 1315 · District Court, M.D. Florida · Apr 17, 2002

Specifically, Lockheed Martin argued: “The contract clearly supports that galaxis USA, Ltd., bears total design responsibility for the design of the Space Scanner.” Id. … well as on Lockheed Martin’s own Motion for Partial Summary Judgment against Klimek, Lockheed Martin takes the position that Klimek is personally liable on the guaranty because he signed Lockheed Martin’s proposal using no qualifying

Ductant v. United States

District Court, M.D. Florida · Feb 21, 2020

The legal standard for ineffective assistance of counsel claims in a habeas proceeding is well established. … All of these defendants pled guilty to all counts in which they were charged, and all had their statutory sentences enhanced if they qualified under the statute.

Keaton v. Commissioner of Social Security

District Court, M.D. Florida · Sep 30, 2024

Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (noting the regulations “place a very heavy burden on the claimant to demonstrate both a qualifying disability and an inability to perform past relevant work”). … Still, Keaton argues that his subjective complaints establish even greater limitations than that set forth in the ALJ’s RFC. (Doc. 15 at 12-13).

Souto v. Commissioner of Social Security

District Court, M.D. Florida · Jul 12, 2018

Additionally, the ALJ in that case determined the plaintiff’s past work for an insurance company processing insurance claims over the telephone using a computer qualified as an insurance clerk, but the DOT description involved … “The question is not . . . whether the ALJ could have reasonably credited [a claimant’s] testimony, but whether the ALJ was clearly wrong to discredit it.” , 421 F.

Martinez v. Commissioner of Social Security

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

He also suffers with various anxiety-based symptoms, and yet may not qualify for a full diagnosis of any one particular anxiety disorder. … However, these assessments were clearly outdated as they did not take into account, inter alia, the treatment records for the remainder of 2012 and through 2018, Dr. Madkaiker’s December 5, 2012 MSS, Dr.

Green v. Secretary, Department of Corrections

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

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.” … Green does not show that the state court’s rejection of his cumulative error claim was contrary to or involved an unreasonable application of clearly established federal law.

Royal v. Commissioner of Social Security

District Court, M.D. Florida · Sep 23, 2019

An “acceptable medical source” is a licensed physician, licensed or certified psychologist, licensed optometrist, licensed podiatrist, and qualified speech-language pathologist. … Pomm, are given no weight as they are clearly unsupported by the totality of these medical records and statements made by the claimant to other medical providers that her depression is under control.

Harris v. Singletary

District Court, M.D. Florida · Jul 1, 2024

As the Supreme Court has explained, “the unnecessary and wanton infliction of pain” qualifies under the Eighth Amendment as proscribed “cruel and … requires courts to dismiss a case at any time if the court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief against a defendant who is immune

Smith v. Secretary, Department of Corrections

District Court, M.D. Florida · Aug 27, 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). … 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

Mainella v. Commissioner of Social Security

District Court, M.D. Florida · Aug 9, 2019

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. … Notably, however, the finding of any severe impairment, whether or not it results from a single severe impairment or a combination or impairments that together qualify as severe, is enough to satisfy step two.

B&G Equipment Company, Inc. v. AiroFog USA, LLC

District Court, M.D. Florida · Mar 26, 2020

The Settlement Agreement clearly states the parties’ desire to settle all of Plaintiff’s claims in the 2016 Litigation. (Doc. 1-3 at 1). … Georgia law clearly states that “any benefit accruing to him who makes the promise, or any loss, trouble, or disadvantage undergone by or change imposed upon him to whom it is made qualifies as consideration.”

Harris v. Singletary

District Court, M.D. Florida · Jul 3, 2023

requires courts to dismiss a case at any time if the court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief against a defendant who is immune … Complaint at 7; see also Singletary Response at 2 (“Plaintiff clearly claimed that, ‘[the January 5th assault] was a retaliatory response, because [Harris] wrote one medical grievance . . . .”).

Elmwood Liquid Products, Inc. v. Singleton Packing Corp.

328 F. Supp. 974 · District Court, M.D. Florida · May 3, 1971

(Gaumer) is highly qualified (DX-J) and is specifically skilled in thermodynamics, heat transfer and heat exchange devices, the art to which the subject matter of the Macintosh Patent relates (Moran Tr. 289-90; Gaumer Tr. … In the Graham case, the United States Supreme Court held that the *985 “subject matter as a whole” under 35 U.S.C. § 103 is reduced to the distinguishing features clearly incorporated into the claims ( 383 U.S. 33 -34, 86

State Farm Mutual Automobile Insurance Company v. Family Practice and Rehab, Inc.

District Court, M.D. Florida · Sep 16, 2019

The record evidence establishes that State Farm is correct. … Althougt 13 it is clear from the record evidence that Mortimer was a partial owner, State Farm has no clearly established that he knew he was violating the statute.

Jones v. United States

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

guilty to . . . the death resulting count which carries a 20 year minimum mandatory up to life imprisonment . . . or go to trial, and if we go to trial [the Government’s attorney] will file a notice of your prior qualifying … was represented by counsel and demonstrated he was educated; could read, write, and understand English; was not under the influence of intoxicants or medications that would have impacted his ability to “think clearly