Case law

Berger v. Philip Morris USA Inc.

49 F. Supp. 3d 1065 · District Court, M.D. Florida · Sep 24, 2014

Berger could use the “Engle findings” to establish her claims. Doing so requires membership in the decertified Engle class. To qualify for class membership (and thus, be eligible to use the “Engle findings”), Mrs. … One approach that it clearly did not take, as Mrs. Berger asserts, was to require “accrual” or “knew or should have known.”

Giannetti Bros. Construction Corp. v. Lee County

585 F. Supp. 1214 · District Court, M.D. Florida · May 4, 1984

Riverdale Bank, 596 F.2d 211, 213 (7th Cir.1979), establish that this controversy arises from the construction of the Lee County Fort Myers Central Sewer District project, EPA Project No. C/20392060. … Utilizing the Plaintiff’s own argument, Mountain Fuel is clearly distinguishable from the instant case.

General Star Indemnity Co. v. Puckit, L.C.

818 F. Supp. 1526 · District Court, M.D. Florida · Apr 20, 1993

Defendant has not made it sufficiently clear how Rule 8(c) is applicable, nor has Defendant established the subsection of Rule 12(b) under which the motion is made. … This is clearly a circumstance under which there is no evidence the declaratory action was filed as a means of forum shop *1533 ping, nor was it filed in anticipation of any litigation.

International Telephone & Telegraph Corp. v. United Telephone Co.

60 F.R.D. 177 · District Court, M.D. Florida · Jul 3, 1973

IV Establishing the Privilege The Court has previously discussed the burden of the party desiring discovery to overcome a properly established claim of privilege. … VI Work Product While the attorney-client privilege has previously been discussed as being relatively absolute, the so-called “work-product” privilege is not a privilege, but is a qualified immunity from discovery.

Tejera

District Court, M.D. Florida · Aug 21, 2026

Nevertheless, as Shaw points out, “[a] city’s decision regarding how to train its officers and what subject matter to include in the training is clearly an exercise of governmental discretion regarding fundamental questions … Sept. 17, 2024) (“Claims for negligent training are typically barred by sovereign immunity because a decision regarding how to train officers and what subject matter to include in the training is clearly an exercise of

Tony DaCosta Greenidge v. Florida Department of Revenue et al.

District Court, M.D. Florida · Jun 9, 2026

The employees move to dismiss based on Greenidge’s failure to comply with Court deadlines, failure to state a claim, the statute of limitations, and qualified immunity. … Instead, he insists that qualified immunity is unwarranted based on a new factual allegation that a Child Protective Services (CPS) worker (who might or might not work for the state of Florida) attempted to

Oscar Ins. Co. Of Florida v. Blue Cross

360 F. Supp. 3d 1278 · District Court, M.D. Florida · Feb 5, 2019

"[A] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the 'burden of persuasion' as to each of the four prerequisites." Siegel v. … Citing Tant Declaration ¶ 3; Baker Declaration ¶¶ 176, 179; Central Florida Network Comparison.xlsx; Federally Facilitated Marketplace, Qualified Health Plan Data.

AA Suncoast Chiropractic Clinic, P.A. v. Progressive American Insurance Co.

321 F.R.D. 677 · District Court, M.D. Florida · May 16, 2017

Having established injury, the Plaintiffs have standing to seek damages on behalf of the subclass. … Plaintiffs seek to establish a hybrid certification under Rule 23(b)(2) for declaratory and injunctive relief, and under Rule 23(b)(3) for damages.

Medina v. Minerva

907 F. Supp. 379 · District Court, M.D. Florida · Nov 21, 1995

A successful section 1983 action requires a showing that the conduct complained of (1) was committed by a person acting under color of state law and (2) deprived the complainant of rights, privileges, or immunities secured … That statement may not be true, however, when establishing the basis for the damages claim necessarily demonstrates the invalidity of the conviction.

Premier Gaming Trailers, LLC v. Luna Diversified Enters., Inc.

304 F. Supp. 3d 1270 · District Court, M.D. Florida · Jan 18, 2018

Luna posits that "[i]t would clearly violate public policy to permit a barred supplier to profit from either flouting the federal rules, or ignoring them entirely." (Doc. # 46 at 16). … Because Premier Gaming qualified as a small business concern like Luna, Premier Gaming reasons it qualifies as a "similarly situated entity" under the FARS and relevant statutes. (Doc. # 52 at 14-15).

Juravin v. Rada

District Court, M.D. Florida · May 27, 2025

The Court determined that “Plaintiff fail[ed] to establish his entitlement to the extraordinary and drastic remedy of a preliminary injunction” because “[a]t a minimum, Plaintiff fail[ed] to clearly establish the burden … It has been well-established that the doctrine of judicial immunity applies to state court judges. See Stevens v.

Wojciechowski v. City of New Port Richey, Florida

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

However, whether Wojciechowski establishes a “custom” or “policy” and whether the City enjoys sov- ereign immunity warrant further discussion. A. … MERRYDAY UNITED STATES DISTRICT JUDGE > Morgan’s entitlement to qualified immunity is better resolved after Wojciechowski amends the complaint and after the parties develop the record

Hively v. Northlake Foods, Inc.

191 F.R.D. 661 · District Court, M.D. Florida · Feb 15, 2000

Defendant counters Hively’s assertion by claiming she was not qualified for management. … “A party seeking class action certification must demonstrate under a strict burden of proof, that all of the requirements of 23(a) are clearly met.” Rex v. Owens ex rel. Oklahoma, 585 F.2d 432 , 435 (10th Cir.1978).

Arpaio v. Harris

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

The waiver, however, is qualified by § 2680, which identifies certain exceptions. … Because Plaintiff is suing the United States, he bears the burden to establish that the federal government has waived its sovereign immunity with respect to his claims. See Thompson v. McHugh, 388 F.

Hanner v. Thomson

District Court, M.D. Florida · Jan 26, 2024

Finally, they argue that the officers are entitled to qualified immunity on Hanner’s individual-capacity claims. (Id. at 9–10). … immunity.

Martinez v. Bank of America, N.A

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

But because Plaintiff cannot establish claims against Defendants Tuttle and Zeleniak, I recommend dismissing those claims with prejudice. A. … If Plaintiff chooses to replead, the Court should direct Plaintiff to ensure it clearly identifies the legal basis for each separate claim for relief—and to which Defendant they apply—and clearly delineate

Baysa v. Gualtieri

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

Isbell, 207 F.3d 1253, 1257–58 (11th Cir. 2000) (“[T]he application of de minimis force, without more, will not support a claim for excessive force” and “will not defeat an officer’s qualified immunity[.]”); see also … Pastor, 351 F.3d 1080, 1094 (11th Cir. 2003) (reversing denial of qualified immunity where officer “force[d] [the plaintiff] down to the ground and plac[ed] him in handcuffs,” which court held was de minimis force).

Derks v. Centurion Medical

District Court, M.D. Florida · Jul 1, 2021

immunity. … Qualified Immunity Figueroa argues that he is entitled to qualified immunity because he was acting within his discretionary authority and Plaintiff fails to sufficiently assert

Jean-Denis v. Sergeant Tate

District Court, M.D. Florida · Apr 27, 2020

Tate maintains that he is entitled to qualified immunity. See Tate Motion at 13-14. … Because Defendant Officers have established that they were acting within the scope of their discretionary authority, the burden shifts to [plaintiff] to demonstrate that qualified immunity

Whitsett v. Cannon

139 F. Supp. 3d 1293 · District Court, M.D. Florida · Sep 30, 2015

twenty-eight day administrative segregation with no hot water, no ventilation, no opportunity to exercise, and without timely medical care, in violation of Georgia Department of Corrections policy, might be sufficient to establish … Prior to Iqbal , Eleventh Circuit precedent instructed that a heightened pleading standard applied in § 1983 actions where "the defendants are individuals who' máy seek qualified immunity." See Amnesty Int'l, USA v.