Case law

Reinert v. Commissioner Social Security

District Court, M.D. Florida · Aug 13, 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 disability … regulations for evaluating symptoms.* 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

Carr v. United States

District Court, M.D. Florida · Oct 26, 2022

If “‘the evidence does not clearly explain what happened … the party with the burden loses.’” Beeman, 871 F.3d at 1225 (citation omitted). … See 18 U.S.C. § 2251(e).7 Had Carr pleaded guilty to the production of child pornography, he still would 7 Carr neither alleges nor points to any evidence that he would have qualified for a sentence below the mandatory

Davis v. Commissioner of Social Security

District Court, M.D. Florida · Jan 14, 2022

And if the ALJ discredits this testimony, then the ALJ “‘must clearly articulate explicit and adequate reasons for’ doing so.” Id. (quoting Dyer, 395 F.3d at 1210). … Plaintiff also argues that the ALJ’s description of Plaintiff’s daily activities omits crucial qualifiers that Plaintiff placed on them. (Doc. 25, p. 33).

Accelerant Specialty Insurance Company v. Tran

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

“Including [the defense] in a responsive pleading” without filing a Rule 12 motion clearly does not waive venue. FED. R. CIV. P. 12(h)(1)(B)(ii). … The tort claimant’s “purely economic” and “speculative” interest in recovering a potential judgment would not qualify. Id.

Scoma Chiropractic, P.A. v. National Spine and Pain Centers LLC

District Court, M.D. Florida · May 11, 2023

Thus, based on the plain meaning of the term, directing a fax to be conveyed to another person would qualify as sending a fax; further, sending a fax is in no way contingent upon physical receipt of that fax into the … Biggerstaff interpreted the fax logs as showing clearly that four faxes were successfully transmitted from NSPC to Scoma’s fax number between April 2, 2020 and June 9, 2020. (Doc. 84-2 at 400).

Broomfield v. United States

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

Thus, it was not established that a cell phone qualified as a “tracking device” under § 3117(b), such that defense counsel would have had a winning argument that the August 6 search warrant violated § 3117(a). … Where the law is at best unsettled, as it was here, counsel does not perform deficiently by failing to raise an argument that was not clearly supported by established law. See, e.g., Rambaran v.

Government Employees Insurance Co. v. Glassco Inc.

District Court, M.D. Florida · Sep 24, 2021

Feb. 21, 2018) (admonishing attorneys that abused footnotes “clearly aimed at circumventing the page limits”). 17 24-26.) … Rather the evidence clearly establishes that Geico’s RICO allegations involve a single scheme that the Defendants orchestrated to collect on fraudulent claims for windshield repairs from Geico.

Malone v. Commissioner of Social Security

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

licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. 20 C.F.R. § 404.1502(a).8 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 articulate reasons showing “good cause” for discounting it.

Wherevertv, Inc. v. Comcast Cable Communications, LLC

District Court, M.D. Florida · Jun 9, 2022

Indeed, as the Eleventh Circuit has established, “[a] district court's gatekeeper role under Daubert is not intended to supplant the adversary system or the role of the jury.” Maiz v. … In particular, the court stated, “Defendants may disagree with [the damages expert]’s conclusion that the patents-in-suit qualify as high value patents.

Coykendall v. Commissioner of Social Security

District Court, M.D. Florida · Mar 22, 2021

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

Trease v. Secretary, Department of Corrections (Sarasota County)

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

The petitioner thus is required to make a stronger showing than that needed to establish prejudice. … Because his application is clearly time-barred and because he shows no reasonable entitlement to the actual innocence exception to the statute of limitation, Trease is not entitled to a certificate of appealability and

Harley v. Commissioner of Social Security

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

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. Sec.

Christmas v. Doctor Rodriguez

District Court, M.D. Florida · Sep 3, 2021

First, caselaw does not support a principle of absolute immunity for any decision made by a medical professional while treating patients. … Gomez was the one responsible for implementing policies at the jail is enough for a reasonable jury to infer a causal connection establishing Dr.

Colavito Anton Bell v. Secretary, Florida Department of Corrections, et al.

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

qualify as an adjudication on the merits. Harringt on Vv. … 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

Vigue v. Shoar

District Court, M.D. Florida · Oct 12, 2020

When a statute implicates First Amendment rights, it must be written clearly and narrowly drawn. … Vigue must: (1) show actual success on the merits of claims asserted in the complaint; (2) establish that irreparable harm will result from failure to provide injunctive relief; (3) establish that the balance

Pratt v. Government Employees Insurance Company

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

(“Perera does not foreclose the possibility that other alternatives may qualify as the functional equivalent of an excess judgment.”), aff’d, 791 F. App’x at 60. … Finally, Defendant’s attempt to distinguish Cawthorn to establish the requisite excess judgment is unavailing.

Buending v. Town of Redington Beach

District Court, M.D. Florida · Aug 12, 2024

1030 (noting that the federal courts must resort to “existing rules or understandings that stem from an independent source such as state law” to define the range of interests that qualify … Clearly, residents and visitors came to view the “property line” of the beachfront owners as being the seawall.

Greacen v. Town of Redington Beach

District Court, M.D. Florida · Aug 12, 2024

1030 (noting that the federal courts must resort to “existing rules or understandings that stem from an independent source such as state law” to define the range of interests that qualify … Clearly, residents and visitors came to view the “property line” of the beachfront owners as being the seawall.

Cerrato v. Commissioner of Social Security

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

The Commissioner has established a five-step sequential analysis for evaluating a claim of disability, which is by now well-known and otherwise set forth in the ALJ’s decision. … This is clearly a deferential standard. III.

Veterinary Orthopedic Implants, Inc. v. Haas

District Court, M.D. Florida · Sep 8, 2020

Thus, in order to grant a request for preliminary injunctive relief, the movant bears the burden to clearly establish the following: “(1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable … However, the evidence establishes otherwise.