Case law

Florida Residential Property & Casualty Joint Underwriting Ass'n v. United States

207 F. Supp. 2d 1344 · District Court, N.D. Florida · Feb 7, 2002

N at § 25), and the JUA has been granted immunity from suit or liability for damages. … The State of Florida, through the DOI, clearly controls the JUA. 19 Most notably, a majority (in actuality, all) of the JUA’s Board of Governors are appointed by the Florida Insurance Commissioner. 20 The reasons for establishing

National Organization for Marriage, Inc. v. Roberts

753 F. Supp. 2d 1217 · District Court, N.D. Florida · Nov 8, 2010

“[A] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the ‘burden of persuasion’ as to the four requisites.” McDonald’s Corp. v. … Under its plain terms, a communication must be “susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate” to qualify as an electioneering communication that is regulated

EVANS MICKENS v. CIRCUIT COURT SECOND JUDICIAL CIRCUIT

District Court, N.D. Florida · May 21, 2025

“A causal connection can be established by, inter alia, ‘facts which support an inference that the supervisor directed the subordinates to act unlawfully or knew that the subordinates would act unlawfully and failed … All of these actions are normal judicial functions, and Judge Frank clearly performed them in his capacity as the presiding judge over the state probate proceeding and wrongful death suit.

Donaldson v. O'Connor

454 F. Supp. 311 · District Court, N.D. Florida · Jul 11, 1978

His release alone would qualify plaintiff as a “prevailing party” and should lead to an award of attorney’s fees. See Buckton v. National Collegiate Athletic Ass’n, 436 F.Supp. 1258, 1265 (D.Mass.1977). … Furthermore, such hourly rate should not be limited by the fee schedule established under the Criminal Justice Act, especially in a case as significant as this. 2.

Due v. Florida Agricultural & Mechanical University

233 F. Supp. 396 · District Court, N.D. Florida · Nov 18, 1963

The basis of the suspension on this clearly-stated charge is supported fully by the evidence. … A fair reading of the Dixon case shows that it is not necessary to due process requirements that a full scale judicial trial be conducted by a university disciplinary committee with qualified attorneys either present or formally

JENRETTE v. BARTELL

District Court, N.D. Florida · Nov 12, 2021

It is well established that the appointment of counsel in a civil case is justified “only in exceptional circumstances, ‘such as where the facts and legal issues are so novel or complex as to require the assistance of a … immunity or some other complex legal doctrine) if they had been aware of the risk.

ADDERLEY v. AUSTIN

District Court, N.D. Florida · Aug 22, 2024

Well-established law provides “absolute immunity” to a judge who is acting within his or her judicial capacity. Stevens v. Osuna, 877 F.3d 1293, 1301 (11th Cir. 2017). This immunity also applies to prosecutors. … Marshall would be entitled to absolute or qualified immunity cannot be determined at this stage because the amended complaint lists no facts explaining what action or inaction she took against Plaintiff.

Bowers v. Northern Telecom, Inc.

905 F. Supp. 1004 · District Court, N.D. Florida · Sep 25, 1995

Kroemer and Thompson are not qualified to diagnose the Plaintiffs’ specific injuries. … The Eleventh Circuit has recognized that, a cause-effect relationship need not be clearly established by ... epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists.

KUNKLEMAN

District Court, N.D. Florida · Oct 15, 2025

Furthermore, the relief requested in this action would clearly interfere with the state court proceedings, as Kunkleman is attempting to use this case to invalidate the state court’s decisions regarding … Second, Kunkleman’s allegations come nowhere near establishing a pattern of racketeering activity.

WRIGHT v. WS

District Court, N.D. Florida · Feb 4, 2025

Even accepting these allegations as true or having anything to do with Defendants’ conduct, past harm cannot establish imminent danger. See Medberry v. … Regardless, Wright’s claims are barred by judicial immunity.

Florida Democratic Party v. Hood

342 F. Supp. 2d 1073 · District Court, N.D. Florida · Oct 21, 2004

There is nothing precatory about the statute; Congress clearly imposed a mandate. … In sum, under Schwier and the line of cases it interpreted, this statute clearly creates a federal right enforceable under § 1983.

CLARK v. HILLY

District Court, N.D. Florida · Sep 10, 2024

Here, although Defendant represented Plaintiff in a civil rather than criminal matter, “it is well settled . . . that an attorney, whether court-appointed or privately retained, does not qualify as a state actor for … Plaintiff, however, advances a clearly meritless legal theory because the Sixth Amendment does not apply to such civil proceedings.

Center for Participant Education v. Marshall

337 F. Supp. 126 · District Court, N.D. Florida · Jan 12, 1972

Hence there is no legal basis for this Court to pre-empt the administrative procedures established and to order new guidelines implemented. … established by substantial evidence; and that he was not subjected to any arbitrary or capricious treatment by defendant.

Jennings v. Crosby

392 F. Supp. 2d 1312 · District Court, N.D. Florida · Sep 29, 2005

No clearly established federal authority exists to support such a claim. Cf. United States v. … He has not established that the Florida Supreme Court reached a result in any way at odds with clearly established federal law.

Skipper v. Phipps

483 F. Supp. 1213 · District Court, N.D. Florida · Jan 24, 1980

Defendant Phipps Broadcasting Stations has established a clear chain of title to the property disputed in this case, and no evidence has been presented to show any existing challenge to the validity of that title. … Sugarman, 566 F.2d 817 (2d Cir. 1977), cannot dispose of this case on a summary judgment motion and must submit the question of the qualified immunity and good faith of Deputy Taylor to the finder of fact.

In Re Fairchild Ind. & Gmf Inv. Erisa Litigation

835 F. Supp. 603 · District Court, N.D. Florida · Sep 9, 1993

Together, these provisions were clearly intended to grant the trustee authority to invest all ESOP funds in company stock, subject to the rights of employees to control the investment of member-directed funds. … Early on, Brecher and Parker established certain criteria which they would use to select a trustee.

Bates v. Greyhound Lines, Inc.

81 F. Supp. 2d 1292 · District Court, N.D. Florida · Jan 21, 2000

Bates was the most qualified person for the job. (Tr. 135, 138.) Mr. … Bates was qualified for the job; indeed, she had performed the job well for an extended period. The only issue, then, is whether Ms.

McCarty v. Bankers Insurance

195 F.R.D. 39 · District Court, N.D. Florida · Jun 9, 1998

. § 636 (b)(1)(A), this Court may only modify the magistrate judge’s order if his ruling was clearly erroneous or contrary to law. See Cipollone v. Liggett, 785 F.2d 1108, 1120 (3d Cir.1986). … In either case the burden rests with Plaintiff McCarty (the party seeking to overcome the qualified privilege) to establish each of the three factors by clear and convincing evidence.

KEITH HENDERSON v. JUDGE ELISABETH TIMOTHY, et al.

District Court, N.D. Florida · Nov 6, 2025

However, it is well established that “[j]udges are entitled to absolute judicial immunity from damages for those acts taken while they are acting in their judicial capacity unless they acted in the “‘clear absence of all … Here, since Henderson’s suit relates to orders entered by the courts, his claims clearly arise out of conduct taken in the judges’ judicial capacities. Therefore, the judges are absolutely immune from liability.

MULLANE v. ALMON

District Court, N.D. Florida · Oct 14, 2021

Under judicial or quasi-judicial immunity, therefore, a defendant is entitled to absolute immunity. Roland, F.3d at 555. … precluded by Younger and quasi-judicial immunity, the undersigned did not address Defendant’s other arguments, namely Eleventh- Amendment immunity, qualified immunity, and failure to state a claim upon which relief can