Case law
Opinions from 1658 to today.
2,960 results
2.34s
District Court, M.D. Florida · Jan 26, 2026
[A]bsolute immunity must be af- forded to any act occurring during the course of a judicial proceeding . . . so long as the act has some relation to the proceeding.” … Also, the plaintiff cannot establish jurisdiction over Counts II, III, IV, or V because the relief sought would require a prohibited re-adjudication of the probate. See Marshall v.
Cited 0 timesUnknownLevine v. Central Florida Medical Affiliates, Inc.
864 F. Supp. 1175 · District Court, M.D. Florida · Aug 31, 1994
Plaintiff suggests that the standing requirement was clearly satisfied in Bolt since the court did not find it necessary to address that issue. … In his affidavit, Plaintiff states, “I did not and do not feel that Healthchoice and CFMA should be closed to any qualified license[d] doctors.
Cited 5 timesPublishedLavandeira v. Thirteenth Judicial Circuit
District Court, M.D. Florida · Apr 20, 2021
The state attorney correctly recounts the November 6 order’s conclusion that the complaint establishes neither an imminent injury nor a right warranting abrogation of sovereign immunity by force of the ADA. … (Doc. 66 at 17) Ex parte Young establishes an exception to sovereign immunity “for suits against state officers seeking prospective equitable relief to end continuing violations of federal law.” Summit Med.
Cited 0 timesUnknownSouthern-Owners Insurance Company v. Charles P. Justus, II Inc.
District Court, M.D. Florida · Oct 23, 2024
The Underlying Complaint also alleges that Cabrera was not a statutory employee of any of the Counter Plaintiffs and that none of the Counter Plaintiffs are entitled to workers’ compensation immunity. … The Court also agrees with Counter Plaintiffs that no other exclusions clearly apply to bar Southern-Owners’ duty to defend.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jun 3, 2026
He consistently refers to his 9 Sheriff Waters does not argue that he is entitled to qualified immunity. … For example, qualified immunity is a defense to an individual capacity claim, see Belcher v. City of Foley, 30 F.3d 1390, 1395, 1401 (11th Cir. 1994), but not to a Monell claim, see Brandon v.
Cited 0 timesUnknown454 B.R. 209 · District Court, M.D. Florida · Jul 27, 2011
In reviewing the business’s proposed complaint against the trustee, Happy Hocker holds that the proposed complaint fails to qualify as a “core proceeding” on the finding (1) that the proposed complaint “could never qualify … unconscionability based on (1) the lessor’s charging “above-market rent” but bearing “no responsibilities”; (2) the lessor’s ability to procure a lien on a unit for a unit owner’s failure to pay rent; (3) the lessor’s purported immunity
Cited 0 timesPublishedJohn Alden Homes, Inc. v. Kangas
142 F. Supp. 2d 1338 · District Court, M.D. Florida · Apr 27, 2001
(tr. p. 84) Daugherty has a registered builder’s license from Collier County which he uses to qualify Grove’s Edge Building Company. … Kangas became qualified as a builder and finished the job.
Cited 5 timesPublishedBorder Collie Rescue, Inc. v. Ryan
418 F. Supp. 2d 1330 · District Court, M.D. Florida · Feb 28, 2006
Plaintiffs similarly fail to assert sufficient facts to overcome Mer-win’s qualified privilege. … Not only is this allegation not anywhere in Ryan's counterclaim, but it is clearly outside the two year statute of limitations period in Fla. Stat. § 95.1 l(4)(g).
Cited 26 timesPublishedSimmons v. Secretary, Florida Department of Corrections (Duval County)
District Court, M.D. Florida · Sep 15, 2025
Upon thorough review of the record and the applicable law, the Court concludes that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application … of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Oct 4, 2023
To establish defamation, Mr. Caporusso must establish falsity. See Jews for Jesus, 997 So. 2d at 1106. … As the Court is dismissing both counts against Officer Bungarz, it need not address his assertion of qualified immunity. iv. Ms.
Cited 0 timesUnknownAnthony Distributions, Inc. v. Miller Brewing Co.
904 F. Supp. 1363 · District Court, M.D. Florida · Oct 26, 1995
A product is not genuine unless it is manufactured and distributed under the quality controls established by the manufacturer. Id. … Anthony clearly does not have the consent of the registrant to sell a product which does not adhere to the quality control standards of the trademark owner.
Cited 19 timesPublished57 F. Supp. 2d 1318 · District Court, M.D. Florida · Apr 16, 1999
Defendants argue that summary judgment is appropriate because Plaintiffs cannot establish that they are qualified individuals with a disability as defined by the ADA and because the Special Act does not discriminate against … However, in the context of the ADA, the court found no clearly expressed legislative intent suggesting that former employees should be covered. Id. at 1528 .
Cited 0 timesPublishedMartinez 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
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jul 17, 2020
Finally, Defendant Spradley invokes qualified immunity. Id. at 15. … And because this constitutional right was clearly established at the time of the incident, Defendant Spradley is not entitled to qualified immunity.
Cited 0 timesUnknownSeaberg v. Steak N' Shake Operations, Inc.
154 F. Supp. 3d 1294 · District Court, M.D. Florida · Dec 30, 2015
This statute, entitled “Immunity from liability for injury to trespassers on real property,” further defines ah “invitation” as “the visitor entering the premises .has an objectively reasonable belief that he or she has been … This is so because the evidence presented to the jury was clearly sufficient to establish that Ms.' Seaberg was in fact a business invited.
Cited 6 timesPublishedGilbert v. Sears, Roebuck and Co.
826 F. Supp. 433 · District Court, M.D. Florida · Jul 14, 1993
Other allegations contained in Count I pertain solely to the actions of officers of the Tampa Police Department who are not a party to this action due to the requirements of the state’s sovereign immunity statute. … Gilbert does not clearly and specifically state in his complaint that the Sears employees were acting under color of state law, the complaint is riddled with instances where Mr.
Cited 0 timesPublished160 F. Supp. 3d 1315 · District Court, M.D. Florida · Feb 3, 2016
. § 4B1.2(b), their holdings cannot establish plain error in this case. … Johnson holds that the residual clause for determining what qualifies as a violent felony is unconstitutionally vague.
Cited 1 timesPublishedKitchings v. FLA UNITED METHODIST CHILDREN'S HOME
393 F. Supp. 2d 1282 · District Court, M.D. Florida · May 18, 2005
The Defendant asserts that it is entitled to summary judgment for the following reasons: (1) it is entitled to absolute immunity under 29 U.S.C. § 259 (a) because it relied in good faith on a Department of Labor opinion regarding … Thereafter, summary judgment is mandated against the non-moving party who fails to make a showing sufficient to establish a genuine issue of fact for trial.
Cited 0 timesPublished325 F. Supp. 207 · District Court, M.D. Florida · Mar 3, 1971
To hold one liable it must be shown that the course which he pursued was clearly against the course recognized as correct by his profession. … This the plaintiff has wholly failed to establish by competent evidence.
Cited 0 timesPublished
Ask Donna