Case law

Hurst v. Flesher

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

requires the Court 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 … Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal theories are “indisputably meritless,” id. at 327, or when the claims rely on factual allegations which are “clearly baseless.” Denton v.

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.

Alvarado v. Commissioner of Social Security

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

“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 … regulations for evaluating symptoms.4 The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly

Daley v. Bono

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

“[T]he Eleventh Circuit has not established a bright-line rule” as to what qualifies as “in connection with the collection of any debt.” Dyer v. Select Portfolio Servicing, Inc., 108 F. Supp. 3d 1278, 1280 (M.D. … Meksraitis, and she did not have “any involvement in the back and forth” between him and the 11 Defendants contend that these pre-surgery, new patient communications are not actionable under section 559.72(18), which immunizes

Cantrell Dunsmore v. Wells

District Court, M.D. Florida · Jun 27, 2024

indifference of Defendants in failing to provide reasonable and necessary medical care and treatment, failing to transfer him to a hospital for treatment, and for misrepresenting that he was “medically fine” when he was clearly … Section 1983 imposes liability on any person who, under color of state law, deprives a person “of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983.

Calderon-Fuentes v. United States

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

To establish ineffective assistance of counsel, a § 2255 movant must establish both: (1) that his counsel’s conduct amounted to constitutionally deficient performance, and (2) that counsel’s deficient performance … If “‘the evidence does not clearly explain what happened … the party with the burden loses.’” Beeman, 871 F.3d at 1225 (citation omitted).

In Re Tri-State Water Rights Litigation

639 F. Supp. 2d 1308 · District Court, M.D. Florida · Jul 17, 2009

That construction is “deemed reasonable if it is not arbitrary, capricious, or clearly contrary to law.” Ala. Power Co. v. Fed. … The Georgia parties contend that Alabama and Florida cannot establish any injury in fact, as Lujan requires.

Dugan v. Jarvis

District Court, M.D. Florida · Sep 27, 2019

The Court went on to find that genuine issues remain as to whether those six Defendants violated Plaintiff’s clearly established First Amendment rights, and allowed this case to proceed on Plaintiff’s First Amendment claims … Thus, even if Abbasi does not qualify as an “intervening change in controlling law,” this Court has discretion, considering the interests of justice and judicial economy, to reconsider its prior Order.

Medley v. Dish Network, LLC

District Court, M.D. Florida · Mar 25, 2022

In opposition, Plaintiff argues that the faxed letters clearly identified that counsel was representing her regarding her DISH account ending in “8000” and any debt that DISH was attempting to collect from her … In so holding, the Court states, “[i]t is far from obvious why immunizing debt collectors who adopt aggressive but mistaken interpretations of the law would be consistent with the statute’s broadly worded prohibitions

J.B. Hunt Transport, Inc. v. Troyz Towing and Storage, Inc.

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

Plaintiff bears the burden of establishing, by a preponderance of the evidence, each element of its claim. Id. … Hunt did not present evidence establishing this amount at trial and thus fails to satisfy its burden.

Hogan v. United States

District Court, M.D. Florida · Oct 4, 2021

If “‘the evidence does not clearly explain what happened … the party with the burden loses.’” Beeman, 871 F.3d at 1225 (quoting Romine v. Head, 253 F.3d 1349, 1357 (11th Cir. 2001)). … Doc. 17 at 3–4).10 Petitioner also claims that § 922(g) is vague in terms of what qualifies as proscribed “possession” of a firearm. (Civ. Doc. 17 at 8).

State Farm Mutual Automobile Insurance Company v. At Home Auto Glass LLC

District Court, M.D. Florida · Dec 27, 2021

State Farm’s complaint references those contracts but clearly asserts State Farm’s own rights under FDUTPA and the law of unjust enrichment. … To establish a claim under FDUTPA, a plaintiff must establish “(1) a deceptive or unfair act; (2) causation; and (3) actual damages.” Sclar v. OsteoMed, L.P., No. 1:17-cv-23247-FAM, 2018 WL 559137 at *3 (S.D.

Chadwell v. Commissioner of Social Security

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

“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 … regulations for evaluating symptoms.5 The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly

Mowery v. Commissioner of Social Security

District Court, M.D. Florida · Mar 4, 2024

To establish a disability based upon a complaint of pain, a claimant must show: (1) evidence of an underlying medical condition; and (2) either (a) objective medical evidence confirming the severity of the alleged pain, … A reviewing court will not disturb an ALJ’s clearly articulated credibility finding that is supported by substantial evidence on the record. Foote, 67 F.3d at 1562 (citation omitted).

Tavares v. Commissioner of Social Security

District Court, M.D. Florida · Sep 21, 2022

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. … In response, the Commissioner asserts that Courts “will not disturb a clearly articulated [subjective complaint] finding supported by substantial evidence.” Mitchell v. Comm’r of Soc.

Morris v. City of Lakeland, Florida

District Court, M.D. Florida · Mar 8, 2023

“[F]ailing to present one’s hands for handcuffing is sufficient evidence to establish probable cause for the charge of resisting arrest without violence.” Williams v. … In Hadley, the Eleventh Circuit ruled that an officer was not entitled to qualified immunity where he punched a suspect in the stomach when the suspect was handcuffed and not resisting

Bolton v. Secretary of Department of Corrections (Duval County)

District Court, M.D. Florida · Nov 24, 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

George v. GTE Directories Corp.

114 F. Supp. 2d 1281 · District Court, M.D. Florida · Aug 28, 2000

Under this approach, the threshold issue is whether the plaintiff qualifies as a “prevailing party” within the meaning of the statute. … The Defendant argues that “Attorney Bailey never even appeared as counsel of record in this case, so this billing entry is clearly unwarranted.” Def. Br. at 10. Although Ms.

Sierra Club v. United States Army Corps of Engineers

464 F. Supp. 2d 1171 · District Court, M.D. Florida · Nov 19, 2006

the permit will decrease as time goes on until, if and when the full 20% of low quality wetlands and 125 acres of high quality wetlands have been impacted, all additional wetlands will be under conservation and therefore immune … [which] included the no action alternative, review of individual projects with the establishment of mitigation banks, and enacting the RGP.” AR 3815.

Lanier v. Secretary, Department of Corrections

District Court, M.D. Florida · Mar 28, 2023

“The focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, . . . an unreasonable application is different from an incorrect one.” Bell v. … 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.”