Case law

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.

Tumlin v. Commissioner of Social Security

District Court, M.D. Florida · Mar 31, 2021

When a claimant seeks to establish disability based on subjective testimony, she must satisfy two parts of a three-part test, showing: “(1) evidence of an underlying medical condition; and (2) either (a) objective medical … Hosick’s Assessment qualifies as “medical opinion.”

Matthews v. Commissioner of Social Security

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

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … Accordingly, the court finds that the ALJ did not err in failing to consider whether Plaintiff qualified for a closed period of disability. B.

Health Freedom Defense Fund, Inc. v. Biden

District Court, M.D. Florida · Nov 19, 2021

Though a physician has diagnosed her with anxiety, she alleges she is not qualified for an exception to the mask mandate. (Id.) … Cf In re Ricoh Corp., 870 F.2d 570, 573 (11th Cir. 1989) (explaining that, under § 1404(a), the movant has the burden of establishing “that the suggested forum is more convenient”).

Nunez v. United States

District Court, M.D. Florida · Jul 3, 2020

Does that impact your ability to think clearly today? THE DEFENDANT (Via Interpreter): No. THE COURT: Do you know what's going on today? … In the context of counsel’s failure to file an appeal, a petitioner has two ways to establish that his attorney acted in a professionally unreasonable manner. Roe v. Flores-Ortega, 528 U.S. 470, 478 (2000).

Ruiz v. Ringling College of Art and Design, Inc.

District Court, M.D. Florida · Feb 17, 2023

As to Count II, Defendant points out that it incorporates factual allegations that Henning is a qualified individual with a disability under the ADA and FCRA and that Defendant failed to provide her with a … In an egregious misjoinder, “there is such a lack of connection between the claims that…it is clearly or obviously” misjoined. Luke, 2014 WL 1153786 at *2.

Philpot v. MyArea Network, Inc.

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

Furthermore, as liability has not yet been established, Philpot is not yet a prevailing party in this case. See 17 U.S.C. … Next, regarding laches and the statute of limitations, Philpot argues that he “clearly brought this lawsuit within the three-year statute of limitations period for both photos.

Cornett v. Commissioner of Social Security

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

Yet, “[a] claimant’s burden to establish a severe impairment at step two is only ‘mild.’” See Schink v. Comm’r of Soc. Sec., 935 F.3d 1245, 1265 (11th Cir. 2019) (quoting McDaniel v. … If any impairment or combination of impairments qualifies as “severe,” step two is satisfied and the claim advances to step three. Gray v. Comm’r of Soc. Sec., 550 F.

McKenzie v. United States Tennis Association Incorporated

District Court, M.D. Florida · Feb 16, 2024

McKenzie responds that the record is replete with information from which a reasonable jury may conclude Jane Doe’s knowledge qualified as notice and her failure to take any action regarding Coach Aranda was unreasonable … Last, Defendants claim the record clearly shows they adequately supervised Coach Aranda’s training with female athletes. (Doc. 96, pp. 9–11).

Balis v. Martin

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

specific defendant(s) against whom each claim is asserted, (3) clearly explain the factual allegations supporting each claim and their application to each defendant against … “To qualify as ‘extreme and outrageous,’ defendant's conduct must have ‘been so outrageous in character, and so extreme in degree, . . . to be regarded as atrocious, and utterly intolerable in

United States v. Salman

286 F. Supp. 3d 1325 · District Court, M.D. Florida · Feb 13, 2018

The testimony establishes that Defendant Salman did not ask to leave the area and did not request that an officer call a family member for her. … She has qualified for support due to a specific Learning Disability which continues at the college level, if desired.

Waldorf

District Court, M.D. Florida · Nov 24, 2025

A resignation qualifies as constructive discharge only if a reasonable person in the employee’s position would have felt compelled to resign. Castle v. … Aug. 1, 2025) (“[plaintiff’s] failure to establish a single similarly situated comparator” means a jury could not find intentional discrimination under a convincing mosaic lens).

Broderick v. United States

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

Counsel maintained a second objection, asserting that two of Broderick’s prior convictions resulted in concurrent sentences, were related, and therefore should not count as separate qualifying convictions to support the … Upon review, Broderick has not clearly established that there were grounds for a nonfrivolous motion to suppress or a Franks hearing. (cv Dkt. 2 at 32-36; cv Dkt. 13-1 at 9-14).

Bell v. Wilkie

District Court, M.D. Florida · Feb 17, 2022

an adverse employment action; and (3) established a causal link between the protected activity and the adverse employment action. … Under these circumstances, where the evening shift was clearly contemplated in the ANM, staffing coordinator nursing position and where the VA also required several other ANMs to work this

In re Engle Cases

283 F. Supp. 3d 1174 · District Court, M.D. Florida · Oct 18, 2017

Even if Oscar Gregory Olds ever qualified as Wilner's "client" (albeit before he died in 1998, which seems dubious), the same cannot be said for Oscar Douglas Olds, Jr. … Florida law provides established guidelines for determining when an action is frivolous.

Starstone National Insurance Company v. Golf Argonomics Supply & Handling Co., Golf Agronomics Sand & Hauling, Inc., and Amber Chafin, individually and in her capacity as legal and natural guardian of her minor sons J.S. and J.R.

District Court, M.D. Florida · Jan 10, 2026

Chafin counters that StarStone’s excess policy is “clearly ambiguous” on this issue and therefore “requires a factual record.” (Doc. 71 at 1–2, 6–8, 10–11). … Welker were operating qualified as “autos” as that term is defined in Wilshire’s policy and, by extension, StarStone’s excess policy.

Klarner v. Commissioner of Social Security

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

Sept. 10, 2021) (collecting cases). 12 In fact, this subsection cited by Klarner does not appear to establish any duty of the ALJ. … This clearly occurred here given the prior ALJ’s 2016 opinion was made a part of the record. (Tr. 256-69).

Kane

District Court, M.D. Florida · Mar 23, 2026

alleged “unskilled services” theory, Relator alleges that Medicare only covers “skilled” physical therapy services, which are those medically reasonable and necessary, and which are performed or supervised by a qualified … In sum, the Third Amended Complaint clearly only addresses the Tampa area clinics. Relator cannot amend her complaint by way of her response to the motion to dismiss.

Sarasota County Public Hospital Board v. Blue Cross and Blue Shield of Florida, Inc.

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

According to the plaintiff, the Provider Agreements established a course of dealing under which a pre-authorization for hospital services constitutes a promise of payment. … And the plaintiff alleges enough facts to support that the plaintiff qualifies as a “facility that has a contract for the nonemergency services.”

Health Freedom Defense Fund, Inc. v. Biden

District Court, M.D. Florida · Apr 18, 2022

This statement, without more, is insufficient to establish good cause to dispense with notice and comment. … But that finding by itself is not sufficient to establish good cause.