Case law

Robinson v. Secretary, Department of Corrections, State of Florida (Duval County)

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

That is clearly the case. … In sum, the state court’s adjudication of this claim is not contrary to or an unreasonable application of clearly established Federal law or based on an unreasonable determination of the facts.

Crowder v. Andreu, Palma, Lavin & Solis, PLLC

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

Mgmt., LLC, 990 F.3d 1041, at *3 (7th Cir. 2021) (“Nor does stress by itself with no physical manifestations and no qualified medical diagnosis amount to a concrete harm.”). … To be sure, plaintiff need not prove damages to establish standing. Mraz, 2020 WL 7125629, at *2.

Deoki

District Court, M.D. Florida · Aug 3, 2026

It is well-established that a law judge may consider a plaintiff’s daily activities in evaluating and discrediting a claimant's subjective complaints.” Macia v. … consultants are highly qualified and experts in Social Security disability evaluation.”’). Overall, the reasons given by the law judge are adequate and supported by substantial evidence.

The Catholic Bookstore, Inc. v. City of Jacksonville

District Court, M.D. Florida · Jun 9, 2023

A week before the preliminary injunction hearing, the Court asked the parties to file short briefs regarding whether QOA qualified for the religious exception. (Doc. 36). … “In this Circuit, a preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion as to each of the four prerequisites.” Siegel v.

Evanston Insurance Company v. Stan Weeks & Associates, Inc

District Court, M.D. Florida · Mar 7, 2023

#1, ¶ 36), and thus qualifies as “other earth movement” under Exclusion D. Weeks argues that the earth movement exclusion is limited to damage caused by “natural phenomena.” … Rather, the evidence establishes that a natural phenomena impacted a man-made structure, which resulted in the loss of Excavator 1.

Gallagher v. Consilio, LLC

District Court, M.D. Florida · Aug 9, 2023

“A statutory injunction is available where a statute bans certain conduct or establishes certain rights, then specifies that a court may grant an injunction to enforce the statute.” Klay, 376 F.3d at 1098. … Finally, even assuming the Court could grant a statutory injunction, Gallagher would not qualify.

Annamraju

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

The Supreme Court established the test for determining whether a transaction qualifies as an “investment contract” in SEC v. W.J. Howey Co., 328 U.S. 293 (1946). … The Agreement does not clearly endow Anantha LLC with ownership rights or responsibilities that contradict the plaintiffs’ allegations.

Nguyen v. Raymond James Financial, Inc.

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

The Court first concluded that the proposed class was not adequately defined or clearly ascertainable, as the definition included individuals who did not experience the harm alleged in the complaint. Id. at 15-21. … C. § 1332(d) (giving federal district courts diversity jurisdiction over qualifying class actions); Lowery v. Ala.

Kelter v. Commissioner of Social Security

District Court, M.D. Florida · Jul 13, 2022

(Docs. 15, 17.) 2 In order to be entitled to a period of disability and DIB, Plaintiff had to establish disability on or before December 31, 2019, his date last insured. … State agency medical or psychological consultants are highly qualified and experts in Social Security disability evaluation. 20 C.F.R. § 404.1513a(b)(1) (2017).

Fisher v. United States

District Court, M.D. Florida · Aug 29, 2024

To establish deficient performance, Mr. … Fisher has not met his burden of establishing that counsel was ineffective.

Whitehead v. Florida Delivery Services, Inc.

District Court, M.D. Florida · Nov 26, 2024

Whitehead further avers that although her doctor subsequently told her not to lift “packages over [twenty-five pounds],” she “was still able to complete the majority of her regular routes” and was otherwise qualified to … Whisenant, 97 F.3d 1393, 1399 (11th Cir. 1996) (per curiam) (describing amounts spent on postage as “clearly nonrecoverable” under section 1920); Nat'l Staffing Sols., Inc. v.

Robinson v. Jacksonville Shipyards, Inc.

760 F. Supp. 1486 · District Court, M.D. Florida · Mar 8, 1991

Thus, lower level supervisory employees who qualify as employers should be exonerated from liability when they do no more than follow the policies established by their superiors. … The testimony before this Court establishes that Robinson’s plight was widely known.

O'Driscoll v. Arbor Grove Condominium Association, Inc

District Court, M.D. Florida · Feb 7, 2024

However, this response does not clearly indicate the litigation or other work for which these attorney’s fees were incurred. … However, medical records and testimony are not always required for plaintiffs to establish damages for emotional distress. See Goodin v. Bank of Am., N.A., 114 F.

Bischoff

District Court, M.D. Florida · Mar 18, 2026

Assuming, too, that Bischoff challenges qualifying personnel actions, the Court turns to whether he has presented sufficient evidence that age discrimination played a role in the decision-making. … Nor does record evidence establish the suspicious timing of events after Bischoff’s detail.

Gendron v. State of Florida

District Court, M.D. Florida · Sep 10, 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

Ocasio v. C.R. Bard, Inc.

District Court, M.D. Florida · Jul 5, 2021

A court has the power to exclude evidence in limine only when evidence is clearly inadmissible on all potential grounds.” Id. (quoting Luce v. … Evid. 602 already establishes this requirement. Doc. 271.

Lake v. Aetna Life Insurance Company

District Court, M.D. Florida · Jun 28, 2021

Rather, it argues that the allegations in the amended complaint are clearly contradicted by the School Board’s denial letter, which it attaches to its Motion. … “Where there is a qualified privilege to interfere with a business relationship, the privilege carries with it the obligation to employ means that are not improper.” Morsani v.

Stolte v. Commissioner of Social Security

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

licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. 20 C.F.R. § 404.1502(a).12 The Regulations establish a hierarchy among medical opinions … If an ALJ concludes the medical opinion of a treating physician should be given less than substantial or considerable weight, he or she must clearly 13 A treating physician is a physician who provides medical

Brown v. Inch

District Court, M.D. Florida · May 14, 2021

He maintains that the grievances he filed were clearly “backwards looking,” seeking relief for Corizon’s failure to provide medical treatment for an ongoing issue. Id. at 8. … Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082.

Turner v. Commissioner of Social Security

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

Sugumaran’s opinion because she is “[a] well qualified vision specialist and reviewed all . the evidence available. … Therefore, the plaintiff has clearly failed to present evidence compelling the law judge to find that she had greater visual limitations during the pertinent time period.