Case law

Kaplan v. Regions Bank

District Court, M.D. Florida · Sep 25, 2019

When read together, these sections clearly demonstrate that the jury waiver clause survives the closure of Kaplan’s accounts with Regions. … By virtue of its survival clause, the jury waiver qualifies as a provision of the Deposit Agreement that is intended to survive account termination.

Complaint of Consolidated MacHines, Inc. v. Protein Products Corp.

428 F. Supp. 209 · District Court, M.D. Florida · Dec 16, 1976

Where yearly estimated earnings are not clearly above the reach of the middle income scale, no deduction should be made for state or federal income taxes. … D., qualified both as a general practitioner and a surgeon; Dr. Anthony J. Spoto, an M.D., qualified in the treatment of the eye, ear, nose and throat; Dr. Anthony Perzia, an ophthalmologist; Dr. Raymond J.

Denny v. Commissioner of Social Security

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

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 416.920. … A reviewing court will not disturb a clearly articulated credibility finding regarding a claimant’s subjective complaints supported by substantial evidence in the record. Mitchell v. Comm’r, Soc. Sec.

Hogarty

District Court, M.D. Florida · Jun 5, 2026

Jan. 12, 2017) (rejecting the argument that allegations of authorization to do business in Florida are sufficient to qualify as operating a business in Florida under § 48.193(1)(a)(1), Florida Statutes). … On the latter, the punitive damages plea clearly refers to the specific pleadings throughout the complaint.

Chestang v. Commissioner of Social Security

District Court, M.D. Florida · Sep 20, 2022

In those situations, the statutory provision would clearly cause harm. … “A clearly articulated [subjective symptom determination] with substantial supporting evidence in the record will not be disturbed by a reviewing court.”

Greene v. Rice

District Court, M.D. Florida · Feb 26, 2020

Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082. … However, the substance of their argument is clearly focused on Plaintiff’s alleged failure to exhaust his claims of excessive force and being returned to a contaminated cell – the allegations involving Defendants Fowler

Murphy v. Villages at Noah's Landing, LTD

District Court, M.D. Florida · Sep 30, 2025

The Court notes, however, that Plaintiffs will ultimately have to present evidence to establish that Defendants acted from a discriminatory motive. … Cheoy Lee Shipyards, Ltd., 647 So. 2d 1028 (Fla. 4th DCA 1994) (“A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily and directly

Brock v. United States

District Court, M.D. Florida · Jan 25, 2024

The court finds the breach to be clearly established. Proximate Cause a. The court accepts Dr. Schweiger, Dr. Duncan, and Dr. Mehta as Rule 702 experts 53. Plaintiff presented Dr. … In particular, the court finds that the testimony of all three causation experts clearly establishes that had a CBC been ordered on March 21, 2019, it would have identified elements of pancytopenia.

Arthrex, Inc. v. Hilton

District Court, M.D. Florida · Mar 8, 2022

Robbie, 141 So. 3d 636, 640 (Fla. 4th DCA 2014) (“Because the terms of the Agreement do not clearly require performance in Florida, [plaintiff]’s alleged breach was not of an act that was ‘required by the contract to be … “Information that is generally known or readily accessible to third parties cannot qualify for trade secret protection.” Am. Red Cross, 143 F.3d at 1410.

Wherevertv, Inc. v. Comcast Cable Communications, LLC

District Court, M.D. Florida · Jul 14, 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. … As the above-cited Federal Circuit precedent clearly states, Comcast must affirmatively show that the Company A license Prof.

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

District Court, M.D. Florida · Dec 30, 2020

court proceedings unless the adjudication of the claim — (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … State, 299 So. 3d 576, 578 (Fla. 5th DCA 2020) (“[I]f an object is not designed to inflict bodily harm, it may qualify as deadly if the defendant used or threatened to use the object in a way likely to cause death or great

Hamrick v. Secretary, Florida Department of Corrections

District Court, M.D. Florida · Apr 20, 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). … Defendant has failed to establish that he was prejudiced by the alleged errors of counsel.

Maxey v. Commissioner of Social Security

District Court, M.D. Florida · Nov 28, 2022

A reviewing court will not disturb a clearly articulated credibility finding made by an ALJ that is buttressed by substantial evidence. Foote, 67 F.3d at 1562 (citation omitted). … As an initial matter, it is well established that a claimant’s RFC represents the most that she can do. 20 C.F.R. §§ 404.1545(a)(1), 416.945(a)(1).

Teblum v. The City of Cape Coral Charter School Authority

District Court, M.D. Florida · Aug 22, 2022

But the Authority clearly notes that the Teblums’ criticism of Principal Collins “impede[d] the Authority’s ability to administer its services.” (Doc. 34 at 24.) In determining whether Mrs. … Teblum argues that the “Authority has not set forth evidence to establish that Mrs.

Taylor Industrial Construction, Inc. v. Westfield Insurance Company

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

Regardless of how the Court qualifies the liability for the fees and costs, “a surety is liable only up to the face amount of the transfer bond.” See Bayview Constr. Corp. v. … Clearly, the ability to file a motion “at any time” in a pending action hinges on what constitutes a pending action. The statute itself does not otherwise define “pending action.”

Kelley v. Commissioner of Social Security

District Court, M.D. Florida · Mar 29, 2021

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. … A claimant need show only that his or her impairment is not so slight and its effect is not so minimal that it would clearly not be expected to interfere with his or her ability to work.

Wiggins v. Commissioner of Social Security

District Court, M.D. Florida · Mar 13, 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.2 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

Nguyen v. University of St. Augustine for Health Sciences

District Court, M.D. Florida · Mar 6, 2023

Specter about taking a leave of absence cannot reasonably be construed as a request for an accommodation because she did not clearly request a leave of absence and did not feel that she needed a leave of absence at … in all cases,’” but “it did establish a general rule to be applied in all but extraordinary cases.”

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

District Court, M.D. Florida · Aug 30, 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). … “The Eleventh Circuit has established a two- step inquiry when considering allegations of variance between indictments and proof at trial.

Brown v. Inch

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

Further, before 2016, private and public insurers would not approve DAA treatment without pre-conditions, and “it was not until 2016 that the effectiveness of DAAs became clearly evident in the general population.” … Plaintiff alleges that he is a qualified individual with a disability, “because HCV is a physiological disorder that affects one or more body systems . . . .” AC at 14.