Case law
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District Court, M.D. Florida · Dec 1, 2025
He argued that the United States presented insufficient evidence to establish the jurisdictional nexus necessary to support his Hobbs Act convictions. … Ground Three Griffin challenges the sufficiency of the indictment, although he fails to clearly articulate a basis for this claim.
Cited 0 timesUnknownRamallo v. Commissioner of Social Security
District Court, M.D. Florida · Mar 15, 2021
The evidence of record cited by the ALJ clearly supports his RFC determination. Moreover, the Court finds Plaintiff’s reliance on Somogy v. Comm’r of Soc. Sec., 366 F. … Clearly, the ALJ’s statement that Plaintiff sat through the hearing does not consist of improper “sit and squirm” jurisprudence. See Freeman, 681 F.2d at 731.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Dec 30, 2019
Even if not waived, Griffin’s contention is without merit, since he cannot establish deficient performance or prejudice. … Accordingly, Griffin does not establish cause or prejudice on this claim of ineffective assistance of counsel. III.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Dec 4, 2019
A defendant can avoid this procedural bar by establishing cause for not raising the claim on appeal and actual prejudice resulting from the alleged error. Bousley, 523 U.S. at 622. … Magistrate Judge his understanding of the penalties, and expressed his satisfaction with counsel’s advice. 3 Petitioner argues that counsel’s advice was erroneous because he did not have a prior felony drug conviction that qualified
Cited 0 timesUnknownDistrict Court, M.D. Florida · Sep 24, 2020
Where a party moves to transfer venue under section 1404(a), “the burden is on the movant to establish that the suggested forum is more convenient.” … Moreover, most of the damages discussed in the complaint are centered in New York, and the witnesses most qualified to discuss those damages are in New York. (Doc. 52-2 at 5–7.) The Court has also considered Ms.
Cited 0 timesUnknownMarcum v. Commissioner of Social Security
District Court, M.D. Florida · Sep 29, 2020
Council, 467 U.S. 837, 842-44 (1984) (establishing two-step process for analyzing agency’s regulatory construction of statute it administers). … The record also shows that Plaintiff did not qualify for medical financial assistance.
Cited 0 timesUnknownJamison v. Secretary, Department of Corrections (Duval County)
District Court, M.D. Florida · Mar 12, 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. 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 timesUnknownAcevedo v. Commissioner of Social Security
District Court, M.D. Florida · Aug 2, 2021
A claimant may establish disability through his or her own testimony of pain or other subjective symptoms. Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005). … The Court will not disturb a clearly articulated credibility finding that is supported by substantial evidence. Id. at 1562.
Cited 0 timesUnknownLipscomb v. Commissioner of Social Security
District Court, M.D. Florida · Sep 5, 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 … 6 must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly
Cited 0 timesUnknownAdkins v. Commissioner of Social Security
District Court, M.D. Florida · Mar 27, 2023
These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … State agency medical consultants are considered highly qualified experts in the Social Security disability evaluation process. 20 C.F.R. § 404.1513a(b)(1).
Cited 0 timesUnknownGray v. Commissioner of Social Security
District Court, M.D. Florida · Aug 20, 2019
She needs regular and customary work breaks every 2 hours. 1 Sjogren’s syndrome “is a disorder of [the] immune system identified by its two most common symptoms – dry eyes and a dry mouth.” … The Court will not disturb a clearly articulated credibility finding that is supported by substantial evidence. Id. at 1562.
Cited 0 timesUnknownChen v. Wow Restaurant TH, LLC
District Court, M.D. Florida · May 6, 2024
The amended complaint clearly alleges that W-2 forms are “information returns” that were filed with the IRS. (Doc. # 26 at ¶¶ 15, 29). … And the relevant statutes support that W-2 forms qualify as “information returns” for purposes of Section 7434(a).
Cited 0 timesUnknownProulx v. Commissioner of Social Security
District Court, M.D. Florida · Mar 12, 2021
Acceptable medical sources include licensed physicians, licensed psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. 20 C.F.R. § 404.1502(a).9 The Regulations … establish a hierarchy among medical opinions that provides a framework for determining the weight afforded each medical opinion.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Aug 8, 2023
The language of this count is also clearly couched in terms of retaliation, not interference. Id. … June 5, 2012) (dismissing FMLA retaliation claim because written reprimand did not qualify as an adverse employment action).
Cited 0 timesUnknownLockheed Martin Corp. v. Boeing Co.
314 F. Supp. 2d 1198 · District Court, M.D. Florida · Apr 23, 2004
“Thus, crimes committed at the same time cannot qualify as separate incidents for purposes of proving racketeering conduct under the Florida act.” Id. (emphasis added). … To state a claim against a particular person, a plaintiff thus needs to establish much more than that the enterprise’s activities pose a threat of continued criminal activity; the plaintiff needs to establish that the acts
Cited 10 timesPublishedDiaz v. Secretary, DOC (Lee County)
District Court, M.D. Florida · Sep 27, 2021
established federal law.” … Given that the record shows that Williams truthfully answered the questions posed to her, Diaz has not stated a claim under McDonough or any other clearly established federal law.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Aug 18, 2026
“Thus, while discrimination purely on the basis of national origin does not create a cause of action under section 1981,” binding precedent holds that a complaint “alleging racial and ethnic discrimination clearly states … That changed condition could qualify as a contractual injury. See 5 McDonnell Douglas Corp. v.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Aug 14, 2023
is qualified as an expert in prison administration, but not in FDOC polices or in strategies to mitigate risks associated with beards in prisons. … The standard in the Eleventh Circuit is well-established.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Mar 16, 2022
Berger also requests $100,000 in punitive damages against all Defendants “for the reckless and callous disregard of clearly established rights.” Id. ¶ 60. … Defendants have established that the FDOC has an administrative grievance process and that Berger failed to resort to the FDOC’s established grievance process – facts which Berger does not dispute.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Dec 3, 2025
May 15, 2008) (explaining that the plaintiff “clearly [could not] bring claims against a non-existent entity”); see also Ajjahnon v. Amerilife of N.C., LLC, No. 6:22-CV-329-JSS-LHP, 2024 WL 4710160, at *4 (M.D. Fla. … Busch-Armendariz is not qualified to opine on Plaintiff’s mental health,” (Dkt. 227 at 10–11).
Cited 0 timesUnknown
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