Case law

Gibson Group, Ltd. of Pinellas County v. Cooper (In Re Cooper)

197 B.R. 698 · District Court, M.D. Florida · Jul 1, 1996

STANDARD OF APPELLATE REVIEW The District Court is bound by the findings of fact made by the Bankruptcy Court unless it determines them clearly erroneous. … One year later, Florida amended its homestead law so that the condominium qualified as homestead property. Id.

Lonergan v. Jones

District Court, M.D. Florida · Aug 11, 2021

Qualified Immunity - Defendant Millette “The qualified immunity defense shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their … “To be entitled to qualified immunity, the defendant must first establish that he was acting within the scope of his discretionary authority.” Gaines v.

Coastal Family Church, Jerald W Tilton, Maria A Tilton and Valerie A Palmer v. The Circuit Court of the 7th Judicial Circuit in and for Flagler County, Florida

District Court, M.D. Florida · Mar 27, 2026

[that] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.” … Fla. 1992) (“[Sovereign immunity] prohibits actions against state courts . . . .”), aff’d, 996 F.2d 1151 (11th Cir. 1993).

Smith v. Morton Thiokol, Inc.

712 F. Supp. 893 · District Court, M.D. Florida · Feb 22, 1988

Clearly his participation in the program was activity incident to his military service despite the fact that he had been given a release from his regular duties. 639 F.2d at 1152 (citations omitted). 5 As noted above, Commander … As outlined in (a) above, each Service will provide to NASA a list of qualified candidates no later than 1 July 1977, meeting criteria to be provided between the parties.

Levitt v. Iovine

District Court, M.D. Florida · Nov 26, 2019

To overcome a defense of qualified immunity, it is Levitt’s burden to show that the undisputed facts make out a violation of his constitutional rights, and also that the rights were “clearly established” at the time of … And Defendants focus on the qualified-immunity question: was there a case clearly establishing that Defendants could not do what they did, namely issuing the Letter of Reprimand and ultimately not renewing Levitt’s contract

Siskos v. Secretary, Department of Corrections

District Court, M.D. Florida · Mar 24, 2020

“Clearly established Federal law” means holdings of the U.S. Supreme Court “as of the time of the relevant state-court decision.” Id. at 1288–89. … The postconviction court’s ruling was not contrary to or an unreasonable application of clearly established federal law and was not based on an unreasonable determination of the facts considering the evidence

Nash v. Consolidated City of Jacksonville

895 F. Supp. 1536 · District Court, M.D. Florida · Aug 4, 1995

In a Title VII lawsuit, a defendant need not establish that the individual hired or promoted instead of the plaintiff was more qualified than the plaintiff. Burdine, 450 U.S. at 258 , 101 S.Ct. at 1096 . … Plaintiff has established a prima facie case. Plaintiff, an African-American male, is a member of a protected group. Having passed the 1990 exam, Plaintiff has shown that he is qualified for the position in question.

Wilson v. Ake

354 F. Supp. 2d 1298 · District Court, M.D. Florida · Jan 19, 2005

The Supreme Court has clearly established that “the Full Faith and Credit Clause does not require a State to apply another' State’s .law in violation of its own legitimate public policy.” … The Court also finds that Plaintiffs' arguments that DOMA violates the Privileges and Immunities Clause and the Commerce Clause are without merit. See Saenz v.

Hooker v. Hanretta

District Court, M.D. Florida · May 19, 2023

Under the facts of the instant case, Hanretta was acting within his discretionary authority, and he is entitled to qualified immunity. See Hooker v. Wilkie, No. 8:18-cv-696-VMC-TGW, 2018 WL 4107952, at *5 (M.D. … Without demonstrating a clearly established right, and then a violation of that right, Hooker cannot defeat qualified immunity.

Gangloff v. Poccia

888 F. Supp. 1549 · District Court, M.D. Florida · Jun 13, 1995

It would not be reasonable to impose such an absolute and clearly unworkable responsibility on prison officials.” … The legal conclusion of deliberate indifference must rest on facts clearly evincing “wanton” actions on the part of the defendants.

Chao v. First Class Coach Co.

219 F. Supp. 2d 1243 · District Court, M.D. Florida · Jun 5, 2002

The I-Ride routes clearly were in the stream of interstate travel. Moreover, at all times relevant to this action, First Class held itself out as an interstate common carrier. … It is the employer's burden to establish the exemption applies. Reich v. Am. Driver Serv., Inc., 33 F.3d 1153 (9th Cir.1994). .

Hixson

District Court, M.D. Florida · Jun 16, 2026

Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal theories are “indisputably meritless,” id. at 327, or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … Id. at 1283, 1286 (holding that prison officials were entitled to qualified immunity because, even though some were aware of a “risk in the abstract,” the plaintiffs’ arguments “invoke[d] a negligence standard, premised

Juravin v. Rada

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

In other words, in the Complaint, Plaintiff appears to acknowledge that his claims are barred by the doctrine of judicial immunity, and in the Motion, he fails to argue or otherwise establish why such immunity does not … Under the circumstances, the Court cannot find that Plaintiff has clearly established a likelihood of succeeding on the merits of his claims. See Siegel, 234 F.3d at 1176; Johnson & Johnson, 299 F.3d at 1246-47.

Harris v. Wingo

District Court, M.D. Florida · Nov 5, 2020

filed a Motion to Dismiss Amended Complaint (Doc. #62) on statute of limitations and qualified immunity grounds. … immunity issue.)

Bishins v. United States Secretary of Health and Human Services

District Court, M.D. Florida · Dec 20, 2023

immunity and the exclusivity of the remedial scheme provided by Congress in the Medicare statute. … See Abassi, 582 US. at 150-151 (“Government officials are entitled to qualified immunity with respect to ‘discretionary functions’ performed in their official capacities.”); see also Marsaw v. Thompson, 133 F.

Kaplan v. Kaplan

903 F. Supp. 2d 1304 · District Court, M.D. Florida · Oct 30, 2012

In other words, “the price of immunity is disclosure.” … Alexander implicitly argues among other points that a previous order established the “law of the case.”

McKeon v. VAICAITIS, SCHORR, RICHARDS

825 F. Supp. 290 · District Court, M.D. Florida · Jun 16, 1993

Additionally, Plaintiff alleges that she was paid substantially less than similarly qualified and less qualified male CRNAs, despite the fact that she alleges she performed more work and more difficult work. … McDonnell Douglas establishes a four part test which the Plaintiff may use to establish her prima facie case. McDonnell Douglas, 411 U.S. at 802 , 93 S.Ct. at 1824 .

Williams v. Secretary, U.S. Department of Homeland Security

925 F. Supp. 2d 1296 · District Court, M.D. Florida · Feb 27, 2013

The Court reviews an agency’s construction of a statute which it administers with the established principle of deference. Chevron, U.S.A., Inc. v. Natural Res. Def. … Gonzales, 444 F.3d 1031 (9th Cir.2006), finds that this subsection establishes the right to self-petition to a select group of alien widows as an alternative to their spouse’s 1-130 filing. 444 F.3d at 1042, n. 17 . .

Hirsch v. Palermo, MD DDS

District Court, M.D. Florida · May 8, 2025

Giallonardo of her right to seek review of the decision by a Qualified 3 Neither Dr. Palermo nor FCI is an enrolled provider under Medicare. Independent Contractor as an administrative remedy. … The party asserting jurisdiction bears the burden of establishing a waiver of sovereign immunity Ishler v. Internal Revenue, 237 F. App’x 394, 397 (11th Cir. 2007).

Mathis v. Laird

324 F. Supp. 885 · District Court, M.D. Florida · Apr 1, 1971

The reason for the discharge was “an established pattern showing dishonorable failure to pay just debts.” … Statute of Limitations There are several federal statutes of limitations, but regardless of which one is applicable, this action is clearly barred. 28 U.S.C. § 2401 provides that every civil action commenced against the United