Case law

Equal Employment Opportunity Commission v. Ferman Management Services Corporation

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

“Direct evidence is evidence that establishes the existence of discriminatory intent behind the employment decision without any inference or presumption.” Sirpal v. Univ. of Miami, 509 F. … Celebrity Cruises, Inc., 394 F.3d 891, 902 (11th Cir. 2004) (finding that a district court “clearly erred because it lacked authority to enter judgment under Rule 50(b) for the defendants on a ground not raised prior to

Palmer v. Secretary, Department of Corrections (Polk County)

District Court, M.D. Florida · May 4, 2020

Palmer has failed to show that the Florida appellate court’s decision was contrary to, or an unreasonable application of, clearly established federal law as determined by the United States Supreme Court, or an unreasonable … Palmer argues that the testimony was improper because the CPT interviewer “was never qualified to give this type of opinion. . . .” (Doc. 1, docket p. 23). The testimony, however, did not provide an opinion.

State Farm Mutual Automobile Insurance Company v. Complete Care Centers, LLC

District Court, M.D. Florida · Oct 16, 2024

“[A] plaintiff must establish standing for each type of relief sought,” Tokyo Gwinnett, LLC v. … This argument fails to establish the third element, at least.

Project Travel, LLC v. Terra Dotta, LLC

District Court, M.D. Florida · Apr 1, 2026

To establish a prima facie case of false advertising pursuant to 1125(a), the plaintiff must establish that the alleged infringing conduct constitutes “commercial advertising or promotion.” … Stiegelmar’s] ‘right or permission,’ thus qualifying as ‘without authority’ for purposes of the North Carolina computer trespass statute.” CHGYM LLC, 2022 WL 112208, at *5.

Berger v. Godwin

District 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.

St. Claire v. State of Florida (Collier County)

District Court, M.D. Florida · Jun 3, 2022

“Clearly established federal law” consists of the governing legal principles set forth in the decisions of the United States Supreme Court at the time the state court issued its decision. … A decision is “contrary to” clearly established federal law if the state court either: (1) applied a rule that contradicts the governing law set forth by Supreme Court case law; or (2) reached

Keen v. Acting Commissioner of Social Security

District Court, M.D. Florida · Mar 30, 2023

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … A reviewing court will not disturb a clearly articulated finding regarding a claimant’s subjective complaints supported by substantial evidence in the record. Mitchell, 771 F.3d at 782; Foote v.

Carter v. Secretary, Department of Corrections

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

After a review of the record and the applicable law, the Court concludes that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable 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.

Dow Chemical Co. v. Mee Industries

264 F. Supp. 2d 1018 · District Court, M.D. Florida · Sep 19, 2002

Defendants argued that Pire did not qualify as an expert under Daubert v. … The Court finds that the Defendants’ evidence therefore does not demonstrate, clearly and convincingly, that each of the limitations in the patents at issue are met by Mee’s proposal to Fern.

Decamp v. State Farm Fire & Casualty Company

District Court, M.D. Florida · Nov 10, 2021

Regardless of whether a “friendly suit” qualifies as a suit for damages as the Decamps argue (Doc. # 57 at 9), no friendly suit was initiated here, so State Farm was not obligated to … Furthermore, the Court finds the ‘Additional Payments’ provision to be unambiguous, and it clearly does not impose a duty on Nationwide to pay the cost of setting up a guardianship

Copeland v. Florida Attorney General

District Court, M.D. Florida · Sep 21, 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). … established federal law.

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

District Court, M.D. Florida · Aug 6, 2024

Thus, an evidentiary hearing will not be conducted. 2 state court need not issue an opinion explaining its rationale for the state court’s decision to qualify … “Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Smith v.

Garcia v. Commissioner of Social Security

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

Nuss’ specialty is not relevant to Plaintiff’s impairments, he is still a state agency medical consultant, highly qualified physician, and an expert in Social Security disability evaluations. Milner v. … The ALJ provided clearly articulated reasons supported by substantial evidence of record to reject Plaintiff’s extreme allegations of pain.

Bales v. Bright Solar Marketing LLC

District Court, M.D. Florida · May 26, 2023

The questionnaire asked various screening questions to determine whether Bales would qualify for solar products or services. See Smith Decl. at 4–5. … In sum, uncontested objective records establish that no calls from Bright Solar connected to Bales’s phone after July 20, 2021.

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

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

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 … 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.

Roberts v. Commissioner of Social Security

District Court, M.D. Florida · Jul 15, 2020

These regulations establish a “sequential evaluation process” to determine if a claimant is disabled. See 20 C.F.R. § 404.1520. … With good cause, an ALJ may disregard a treating physician’s opinion but “must clearly articulate the reasons for doing so.” Winschel v. Comm’r of Soc.

De Ford v. Koutoulas

District Court, M.D. Florida · Mar 30, 2023

While this statement may have been alleged as false with sufficient particularity, it is not even plausibly attributable to either Defendants Koutoulas or Defendant Norden—the speaker is clearly the entity, Defendant … A threshold issue in federal securities law is whether the offering in question qualifies as a “security” under § 2(a)(1) of the Securities Act. 15 U.S.C. § 77b(a)(1).

Myers v. United States

District Court, M.D. Florida · Feb 25, 2020

And “‘[w]here, as here, the evidence does not clearly explain what happened ... the party with the burden loses.’” Beeman v. United States, 871 F.3d 1215, 1225 (11th Cir. 2017) (quoting Romine v. … Indeed, the Court appointed the Office of the Federal Public Defender to review Myers’s case to determine if he qualified for relief under The First Step Act, but the Federal Public Defender recently notified the Court

Hightower v. Secretary, Department of Corrections

District Court, M.D. Florida · Jun 25, 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). … In consideration of the foregoing, the Court concludes that the state appellate court’s summary adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Klein v. Navient Solutions, LLC

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

As Felts has not identified any fact in the record establishing that the Plan legally modified the Note, the information Wells Fargo reported regarding Felts’ compliance with the terms of the Note was not … Plaintiff contends that Navient should have used that code with respect to her loan, and without such qualifying information, the reported credit information regarding this loan is misleading.