Case law

Borgner v. Brooks

152 F. Supp. 2d 1317 · District Court, N.D. Florida · Mar 21, 2001

The record establishes that any dentist with a general license to practice as a dentist may perform implant dentistry in Florida. … The survey does not establish that any such competitive edge is unmerited.

Davis v. City of Panama City, Fla

510 F. Supp. 2d 671 · District Court, N.D. Florida · Feb 13, 2007

Third, Davis’ termination qualifies as an adverse job action. … Thus, it is clear that the cases of Atwell and Davis can clearly be distinguished.

Sansom v. United States

703 F. Supp. 1505 · District Court, N.D. Florida · Jul 5, 1988

Congress has clearly distinguished the scienter requirement of Section 6701 from that in other statutes, e.g., Section 6694(b) and Section 7206(2). … The claim was disallowed for the following reason: “You have not established a basis to change our earlier determination.”

GODMAN

District Court, N.D. Florida · Dec 29, 2025

judgment of foreclosure on July 29, 2025—before Godman filed this federal action on December 19, 2025.5 The thrust of Godman’s complaint is that the state court foreclosure judgment is invalid because Pennymac failed to establish … In addition, while Godman makes the conclusory allegation that Pennymac violated RESPA by not providing her a full accounting after she made a qualified written request (Doc. 1-1 at 3), that reference to RESPA does not

Johnson v. Mortham

915 F. Supp. 1529 · District Court, N.D. Florida · Nov 20, 1995

An association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy. … Swann is not really on point in this case, for election districts and voting rights were clearly not involved.

TALLAHASSEE BAIL FUND v. MARSHALL

District Court, N.D. Florida · Feb 20, 2024

immunity. … immunity.

Reheiser v. Terminix International Co.

509 F. Supp. 2d 1147 · District Court, N.D. Florida · Mar 15, 2007

In order to establish a prima facie case of employment discrimination under the American Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., “a plaintiff must demonstrate that (1) he has a disability, (2) he is a ‘qualified … For the reasons which have been discussed previously, Terminix has clearly provided a legitimate reason for its actions and Reheiser has not demonstrated any pretext on its part.

Lee-Bolton v. Koppers Inc.

319 F.R.D. 346 · District Court, N.D. Florida · Mar 20, 2017

Wade is qualified to render opinions on chemical fingerprinting. … Corn clearly explained at the hearing that he was expressing his professional opinion.

Solutia, Inc. v. Forsberg

221 F. Supp. 2d 1280 · District Court, N.D. Florida · Aug 8, 2002

Corse was not qualified after all. … “Clearly excessive” fees cannot be charged or collected by Florida lawyers, and a clearly excessive fee is one that “exceeds a reasonable fee for services provided.” Rule 4-1.5(a), Rules Regulating the Florida Bar.

Rorick v. Board of Com'rs of Everglades Drainage Dist.

27 F.2d 377 · District Court, N.D. Florida · Jul 7, 1928

This establishes the status of the district and its governing board as being in the same-category as municipalities and counties, and,, as is very clearly pointed out in Rood v. *381 Claypool Drainage & Levee District (C. … This rule, of course, is qualified by the exception, where the bill itself plainly discloses no cause for equitable relief, or, to state it in other language, where the motion shows conclusively that on the allegations of

Brandon Ricardo Smith v. Dollar General Corporation

District Court, N.D. Florida · Aug 4, 2026

Tampa Bay Downs, Inc., 761 So.2d 401, 404 (Fla. 2d DCA 2000) (stating that once the defendant has established the qualified privilege, the plaintiff bears the burden of showing that the privilege does not apply … The absolute privilege “may be considered in resolving a motion to dismiss when the complaint affirmatively and clearly shows the conclusive applicability of the defense to bar the action.”

LEWIS

District Court, N.D. Florida · Jul 7, 2026

Although the SAA waives the Government’s sovereign immunity for maritime tort claims, the waiver is subject to the discretionary function exception, which preserves sovereign immunity for any claim “based upon the … First, as a general matter, “[i]t is well-established that the filing of an administrative claim under the FTCA will not toll the limitations period for an action under the SAA.”7 Ayers v.

REBUILD NORTHWEST FLORIDA INC v. FEDERAL EMERGENCY MANAGEMENT AGENCY

District Court, N.D. Florida · Sep 30, 2019

agreements) with Rebuild, based on its qualifying HMGP proposals. … The Stafford Act does not include its own waiver of sovereign immunity.

Florida Ex Rel. Bondi v. United States Department of Health & Human Services

780 F. Supp. 2d 1307 · District Court, N.D. Florida · Mar 3, 2011

They have simply determined that an individual's decision not to buy health insurance qualifies as activity. For example, in the most recent case, Mead v. … In fact, they were its primary purpose and main objective — as clearly demonstrated, inter alia, by the title of the Act itself and the fact that its proponents frequently referred to the legislative efforts as “health insurance

United States v. Leekley

377 F. Supp. 3d 1318 · District Court, N.D. Florida · Apr 29, 2019

Ladue , 866 F.3d 978 , 981 (8th Cir. 2017) (noting that § 3561 authorizes courts to impose a term of probation on qualifying defendants); United States v. Moran , 403 F. … Freter , 31 F.3d 783 , 788 (9th Cir. 1994) (noting the "well-established rule" that a defendant who claims that an exception applies has the burden of establishing that fact).

HUTCHINS v. ROWELL

District Court, N.D. Florida · Aug 15, 2024

The undersigned also rejects the Defendants’ qualified immunity arguments. … The R&R discusses how Hutchins’s version conflicts with the accounts of the Defendants,3 which is supported by the record, and aptly notes: “Clearly somebody is telling the truth and somebody is not.

In Re McRae

308 B.R. 572 · District Court, N.D. Florida · Aug 25, 2003

It was also established that the Cannon debt, which totaled $9,401.99, was paid in full by Debtor’s wife on February 25, 2002. … As discussed above, the bankruptcy estate in this case has already been established and is no longer an issue.

Fuller v. Blue Cross & Blue Shield of Florida, Inc.

677 F. Supp. 1131 · District Court, N.D. Florida · Nov 23, 1987

Facts The record evidence establishes that the following facts are not in dispute. The plaintiffs are the parents of Amy Fuller. … The court ruled without amplification that they clearly did. 463 U.S. at 97 , 103 S.Ct. at 2900 . 2 Several conclusions can be drawn from the above cases.

Ballard v. McNeil

785 F. Supp. 2d 1299 · District Court, N.D. Florida · Mar 25, 2011

The law is “clearly established” if Supreme Court precedent at the time “would have compelled a particular result in the case.” Neelley v. … As previously noted, the state court cited Strickland as the clearly established legal standard applicable to claims of ineffective assistance of counsel (Ex. K at 280).

Perdido Sun Condominium Ass'n v. Nationwide Mutual Fire Insurance

545 F. Supp. 2d 1225 · District Court, N.D. Florida · Mar 12, 2008

Rather, according to Perdido Sun, the relevant portion of the rule clearly distinguishes between “rating criteria” — which it maintains refers to the BFE and flood zone — and the “premium rate,” which Perdido Sun contends … clearly identifies the section’s focus: premium rates.