Case law

United States of America v. Health Management Associates, Inc.

District Court, M.D. Florida · Feb 8, 2021

The facts underlying plaintiff’s claim clearly support venue in the Fort Myers Division. … Relator has not attempted to establish the unavailability of FCA-qualified counsel in either Fort Myers or the Middle District of Florida.

Geico Marine Insurance Company v. Amzim Marine Services, LLC

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

he answered, “Unfortunately, in the video, the technician states that he put silicone on the screws, which clearly the manual states to not do . . . he didn’t follow the instructions. It’s that simple.” … Based on Plaintiffs’ failure to establish Amzim’s duty, it is hard to find that Haley violated that duty.

School Bd. of Lee County v. ES

561 F. Supp. 2d 1282 · District Court, M.D. Florida · Mar 10, 2008

The Child qualified for services under the IDEA based upon his exceptionalities of autism, and language impaired. (Pet.A-3-1). … The Parent argues that the amount of services must be stated clearly in the IEP for both development and implementation of the IEP.

Avila v. Coca-Cola Co.

728 F. Supp. 685 · District Court, M.D. Florida · Oct 2, 1989

In the pretrial stipulation, filed December 30, 1982, plaintiff stated that his claim of discrimination was “in the following ways: (i) Defendant’s failure and refusal to promote him while less qualified and less experienced … Plaintiff had not been successful to any extent in establishing discrimination based upon national origin, yet, on the other hand, plaintiff had established a strong case for a separate and distinct cause of action for unlawful

Grisales v. Commissioner of Social Security

District Court, M.D. Florida · Mar 22, 2023

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

Global Glass Technologies, Inc. v. Research Frontiers, Inc.

District Court, M.D. Florida · Feb 21, 2024

The Post-Default Consent Agreement between Global and SCSC clearly only transferred identified “Collateral” which was defined as certain identifiable intellectual property. … To prevail on its breach of contract claim, Plaintiff had to establish (1) the existence of a valid contract, (2) a material breach of that contract, and (3) damages. Beck v.

Huang v. TriNet HR III, Inc.

District Court, M.D. Florida · Jan 10, 2022

TriNet established the Plans in order to help the employees of their client employers save money for retirement. (Id. at ¶ 41). … While Plaintiffs concede that Defendants “did seek out proposals from various recordkeepers in 2015 and again in 2018, the process they used was clearly deficient” because those searches

Chavous v. City of Saint Petersburg

District Court, M.D. Florida · Dec 20, 2021

§ 2613, the City requires the employee to include a certification from a doctor establishing that the employee had a qualifying medical condition as part of the FMLA leave request paperwork. … On July 13, the City denied Chavous’s grievance against the first Employee Notice, explaining that Chavous’s “refusal to report as instructed multiple times is clearly ‘disregarding job duties” under the City

Castellano Cosmetic Surgery Center, P.A. v. Doyle

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

LEGAL STANDARD “A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as … shifts to the defendant to establish the absence of such injury.”).

Kuba v. Disney Financial Services, LLC

District Court, M.D. Florida · Aug 24, 2022

That same day, Kuba filed a complaint with Employee Relations and Human Resources, alleging, among other things, that (1) her salary was below that of her less-qualified male colleagues—despite her additional … Instead, once a plaintiff ha: established a prima facie case of retaliation under SOX, an employer may only escape liability by establishing “by clear and convincing evidence that [it] woulc have taken the same personnel

Tweedie v. Waste Pro of Florida, Inc.

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

Having previously established that preliminary certification of the Settlement Class and preliminary approval of the Stipulation of Settlement was warranted (see Docs. 57 & 59), Tweedie also established that … Dec. 17, 2012) (finding that “[f]ees of the clerk and marshal include filing fees and are clearly taxable”). Here, Tweedie paid $400 for the filing file to initiate this action (Doc. 1; Edelman Decl., Ex. 1, at 5).

Spina v. Commissioner of Social Security

District Court, M.D. Florida · Aug 13, 2021

Knox establish far greater limitations than assessed by the ALJ. … Yet, Plaintiff’s headaches are clearly documented in the record consistent with her testimony.

Davis v. Little Giant Ladder Systems, LLC

District Court, M.D. Florida · Mar 4, 2022

Because plaintiff was carrying an object with only one hand, the label did not clearly and unambiguously confront the situation. … To establish proximate cause, “plaintiffs must show [it] is more likely than not that the defendant’s act was a substantial factor in bringing about the injury.” Christopher v.

Pringle v. Seminole County Public Schools

District Court, M.D. Florida · Jan 2, 2025

Camilleri did not have “an established dress code policy” and did not subject other teachers to the dress standards to which she subjected him. (Id.) … Defendant asserts that the complaint is a shotgun pleading because it “fails to clearly articulate what theories he is proceeding under, is difficult if not impossible to discern, and fails to provide adequate notice to

Slayman v. United States

District Court, M.D. Florida · Nov 7, 2022

If “the evidence does not clearly explain what happened … the party with the burden loses.” Beeman, 871 F.3d at 1225 (internal quotation marks and citation omitted). … In any event, Petitioner fails to establish prejudice.

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

District Court, M.D. Florida · Sep 7, 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). … commission, so long as the proof establishes that he was guilty of one of the acts denounced by the statute.” State v. Roby, 246 So. 2d 566 (Fla. 1971).

JOSHUA CROCKETT v. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS

District Court, M.D. Florida · Mar 17, 2026

Oct. 7, 2015) (denying motion to compel that sought information related to the “decision-making process and rationale” in certain settlement proceedings because “[t]he majority of the information sought is clearly … The Court is also not persuaded by Plaintiff’s complaints as to Interrogatory 12; the phrase “commented on Plaintiff’s hair, heritage, religious, masculinity, or any other characteristic” is not otherwise qualified and

Lukaj v. Nielsen

District Court, M.D. Florida · Oct 8, 2019

The Board concluded that Lukaj is removable and does not qualify for any form of relief or protection against removal. Id. at 6. On August 13, 2019, Lukaj filed a petition for review in the Eleventh Circuit. … The movant must clearly establish the burden of persuasion as to all four requisites. See McDonald's Corp. v.

McArdle v. City of Ocala, FL

District Court, M.D. Florida · Mar 31, 2020

Co., 927 F.2d 1194, 1197 (11th Cir.1991) (“The trial court ... has wide discretion in setting the limits of discovery, and its decisions will not be reversed unless a clearly erroneous principle of law is applied, or no … The City, on the other hand, contends (and seeks to establish) that Plaintiffs were unsheltered because of their own conduct (voluntary conduct, as the City would describe it), and that they are chronically

Pecore v. Commissioner of Social Security

District Court, M.D. Florida · Aug 23, 2021

“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 … Once a claimant establishes that her pain is disabling through “objective medical evidence from an acceptable medical source that shows . . .