Case law

CHRISTOPHE v. SASSER

District Court, N.D. Florida · Aug 6, 2024

second response. 2 Sasser also argues that Christophe’s claim should be dismissed because: (1) Christophe failed to accurately disclose his prior litigation history; (2) Christophe failed to establish … an Eighth Amendment violation; (3) Sasser is entitled to qualified immunity; (4) Sasser is entitled to Eleventh Amendment immunity; and (5) Christophe’s request for punitive damages is barred by 18 U.S.C. § 3626.

PAULCIN v. CHUNN

District Court, N.D. Florida · Jan 24, 2025

He also asserts that the Eleventh Amendment immunity argument “is without merit,” but in doing so, Plaintiff improperly cites to a case concerning the separate doctrine of qualified immunity. Id. at 3. … The issue of punitive damages is premature until liability is established. Numerous cases have “reached the same conclusion in” resolving motions to dismiss. Wright v.

WATSON v. KINGDOM OF SAUDI ARABIA

District Court, N.D. Florida · Mar 30, 2024

The party invoking federal jurisdiction bears the burden to establish subject matter jurisdiction. Id. … The denial of discovery is not clearly erroneous or contrary to law.

JDI HOLDINGS, LLC v. Jet Management, Inc.

732 F. Supp. 2d 1205 · District Court, N.D. Florida · Aug 6, 2010

Isaacman, Kerr, and Dulac agreed that Jim Wallace, a mechanic at Southern, was qualified to oversee the pre-purchase survey. … Cessna Orlando was a qualified service center with no connection to either party.

Pemberton v. Tallahassee Memorial Regional Medical Center, Inc.

66 F. Supp. 2d 1247 · District Court, N.D. Florida · Oct 13, 1999

The hospital has established the contrary and is entitled to summary judgment. IV. FALSE IMPRISONMENT Finally, Ms. … wrong; states can and routinely do require such procedures as immunizations of children, under appropriate circumstances. 13 .

Farmers & Merchants State Bank v. Turner

518 B.R. 642 · District Court, N.D. Florida · Sep 30, 2014

Turner’s undisputed testimony established that he had more than twelve creditors. … One bankruptcy court has commented that the amendment was clarifying in that it potentially expanded the disputes that can dis *653 qualify a creditor: “[The amendment] did something. It has some significance.

Mitchell v. Untreiner

421 F. Supp. 886 · District Court, N.D. Florida · Oct 15, 1976

The Fifth Circuit Court of Appeals most clearly expresses this principle in the following excerpt from Gates v. … Said facility shall always be open during established visiting hours. 4.

Marsh v. United States

88 F. 879 · District Court, N.D. Florida · May 16, 1898

It is the established practice in this district, on the first day of the term, for the clerk to call the names of those persons appearing on writ of venire facias whom the marshal has returned as found. … Clearly, whenever a duly-certified copy is required, unless express waiver of a seal is expressed, the clerk should attach a seal. In Taylor v. U.

Roy v. Board of County Commissioners

607 F. Supp. 2d 1297 · District Court, N.D. Florida · Mar 31, 2009

Whether on the north side or south side of the road, the Roys’ property is clearly part of the 30A corridor. … Given that plaintiffs have failed to establish a constitutional violation, the court agrees with Blackshear that she is entitled to qualified immunity in connection with the constitutional claims against her.

National Organization for Marriage 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

BELL v. JACOBSEN

District Court, N.D. Florida · Aug 9, 2024

immunity defense. … The undersigned will adopt the Magistrate Judge’s recommendation on qualified immunity.

Florida State Conference of the National Ass'n v. Browning

569 F. Supp. 2d 1237 · District Court, N.D. Florida · Jun 24, 2008

A “preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion as to each of the four prerequisites.” Id. (quoting McDonald’s Corp. v. … Furthermore, to the extent that evidence relative to the former iteration of Subsection Six can inform the present inquiry, it does not, for reasons stated in this Order, clearly establish a substantial likelihood of success

United States v. Marsh

548 F. Supp. 2d 1295 · District Court, N.D. Florida · Mar 27, 2008

Despite her co-conspirators’ involvement with firearms, defendant did qualify for application of the safety valve, although the benefit she would have received was essentially “offset” by the firearm adjustment. … Haley, 306 F.3d 1043, 1066 (11th Cir.2002) (counsel was not *1305 ineffective for failing to raise issues clearly lacking in merit); Meeks v.

Gerling Global Reinsurance Corp. of America v. Nelson

123 F. Supp. 2d 1298 · District Court, N.D. Florida · Nov 11, 2000

This does not, however, establish jurisdiction in Florida. … Second, plaintiffs do business in Florida and clearly are subject to jurisdiction here, at least with respect to matters relating to their Florida business.

JORDAN v. SEXTON

District Court, N.D. Florida · Aug 9, 2024

immunity. … To establish a First Amendment retaliation claim, a prisoner must show that “he engaged in protected speech, that officials retaliated against him, an adverse effect on his protected speech, and a causal

SMITH v. UNITED STATES

District Court, N.D. Florida · Mar 18, 2025

. § 1413 “to allow or create an amendment for sexual assault victims to qualify for concurrent retirement disability pay.” (Id. at 7). … But because Plaintiff’s complaint is clearly subject to dismissal as a shotgun pleading, it is unnecessary for the Court to address in detail these other 1.

Schmidt v. National Organization for Women

562 F. Supp. 210 · District Court, N.D. Florida · Apr 1, 1983

Section 48.091(1), Florida Statutes, requires every Florida corporation and every foreign corporation qualified to transact business in the State of Florida to designate with the Secretary of State a registered agent and … Robinson, supra, at 687, “This statutory standard of ‘improvidence’ is clearly less stringent that the ‘bad faith’ standard that must be met in order for a court to award attorney’s fees in cases of this nature”.

Windsor v. Eaves

318 F.R.D. 153 · District Court, N.D. Florida · Jul 25, 2016

The officers moved for summary judgment based on qualified immunity. The court denied the motion. The officers appealed. The United States Court of Appeals for the Eleventh Circuit affirmed in an unpublished opinion. … Co., 630 F.2d 291, 293 (5th Cir.1980) (“It is well settled that a new trial on part of the issues ‘may not properly be resorted to unless it clearly appears that the issue to be retried is so distinct and separate from the

Winstead v. Lafayette County Board of County Commissioners

315 F.R.D. 612 · District Court, N.D. Florida · Jul 20, 2016

See Mark Curriden, Formidable Friends, 88-FEB ABA J. 41, 44-45 (2002) ("[juries tend to discount the testimony of equally qualified competing expert witnesses. … For similar reasons, this Court finds that the County has not established good cause to compel Winstead to submit to a psychological examination.

Henderson v. SC Loveland Co., Inc.

390 F. Supp. 347 · District Court, N.D. Florida · Dec 12, 1974

Blodgett, a qualified economist. … That is not the law in the Fifth Circuit where, as here, the annual estimated earnings are not clearly above the reach of the middle income scale. Petition of M/V Elaine Jones, swpra.