Case law

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

780 F. Supp. 2d 1256 · District Court, N.D. Florida · Jan 31, 2011

See Kenneth Klukowski, Citizen Gun Rights: Incorporating the Second Amendment Through the Privileges or Immunities Clause, 39 N.M. … For example, if the decision to forego insurance qualifies as activity, then presumably the decision to not use that insurance once it has been obtained is also activity.

Democratic Exec. Comm. of Fla. v. Detzner

347 F. Supp. 3d 1017 · District Court, N.D. Florida · Nov 15, 2018

This Court finds that the Plaintiffs have established irreparable injury. … They say the Plaintiffs "knew about the alleged constitutional violations for years, yet did nothing about it," and that electors qualified to vote may nonetheless contest the certification of election results.

HOPE v. DEPARTMENT OF CORRECTIONS

District Court, N.D. Florida · Apr 23, 2021

But I cannot conclude that these cases—or the principles they established—were settled at the time of Hope’s trial. Indeed, Dooley noted that “[a]s the Florida Supreme Court aptly observed in [State v.] … I agree with the magistrate judge: Hope has not shown the state court’s adjudication turned on an unreasonable determination of the facts or was contrary to or an unreasonable application of clearly established federal

ISRAEL v. DESANTIS

District Court, N.D. Florida · May 5, 2020

If anything, they do the opposite by clearly demonstrating that, in the past, federal courts have considered and ruled upon the merits of such claims. … If that qualifies as brief, I’m not sure what long looks like.” ECF No. 90-2 at 286.

Camp v. St. Paul Fire and Marine Ins. Co.

127 B.R. 879 · District Court, N.D. Florida · Feb 12, 1991

The debtor clearly intends to live a new, post-bankruptcy, economic existence. Neither the filing nor the discharge can be the equivalent of death. … The plaintiffs further argue that the language of Kimbell’s insurance policy preclude a finding that his discharge in bankruptcy immunizes St. Paul of bad faith liability.

WRIGHT v. LYUBLANOVITS

District Court, N.D. Florida · Sep 4, 2024

The [judgment] clearly says he fails the exception of imminent danger, as if the two people involved are coming to hurt him.” Id. … paying the filing fee, by suing Defendants who are immune and claiming generalized imminent danger.

Williams v. MARINEMAX OF CENTRAL FLORIDA LLC

773 F. Supp. 2d 1265 · District Court, N.D. Florida · Feb 23, 2011

Discussion Under Florida law, a claim of negligence requires that the following four elements be established: 1) that the defendant owed a duty, or obligation, recognized by the law, requiring the defendant to conform to … In the case at bar, this Court finds that the facts are clearly more aligned with Demelus and different from Vining and Hewitt .

Fair v. Kirk

317 F. Supp. 12 · District Court, N.D. Florida · Sep 15, 1970

Clearly a personal denial of the grand jury’s charges could not have exonerated Fair, unless, perhaps, he also received the opportunity to confront his accusers and to cross-examine witnesses. … That full cooperation and coordination be established in the future among all county offices and the Civil Service Board of Hillsborough County to the end that qualified, efficient and able personnel be provided. V.

Harris v. Astrue

546 F. Supp. 2d 1267 · District Court, N.D. Florida · Feb 29, 2008

To qualify as a disability the physical or mental impairment must be so severe that the claimant is not only unable to do her previous work, “but cannot, considering her age, education, and work experience, engage in any … In the instant case, the court certainly cannot conclude that disability has been established without a doubt.

Forehand v. Florida State Hospital at Chattahoochee

839 F. Supp. 807 · District Court, N.D. Florida · Nov 5, 1993

The plaintiffs alleged that because of their race, they were denied promotions for which they were well qualified. … Moreover, the single-filing plaintiffs might also be entitled to relief if they were able to establish that they were harmed by “similar discriminatory treatment.”

Coastal Petroleum Co. v. International Minerals & Chemical Corp.

709 F. Supp. 1092 · District Court, N.D. Florida · Aug 12, 1988

Coastal argues that a right to hard minerals, including phosphate, was clearly granted in the lease as determined in the Collins decision. … Further, Lease 224-B contains the following qualifying language: The rights of either party hereunder may be assigned in whole or in part only after written consent thereto from the Trustees is first obtained; and the provisions

STROUD

District Court, N.D. Florida · Jul 23, 2026

Warden, Baldwin State Prison, 172 F.4th 1276, 1284 (11th Cir. 2026) (affirming grant of qualified immunity where the plaintiff failed to establish deliberate indifference). … Defendants’ other arguments of causation, qualified immunity, and compensatory damages.

HOLLIDAY v. INCH

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

The instant Complaint is clearly subject to dismissal due to improper joinder. … Indeed, “[a]bsent a legitimate abrogation of immunity by Congress or a waiver of immunity by the state being sued, the Eleventh Amendment is an absolute bar to suit by an individual against a state or its agencies in

Henry v. City of Tallahassee

216 F. Supp. 2d 1299 · District Court, N.D. Florida · Jun 24, 2002

employer treated similarly situated employees outside his classification more favorably, and (4) he was qualified to do the job.” … Clearly, members of Plaintiff's protected class are not proper comparators to demonstrate race discrimination.

Schism v. United States

19 F. Supp. 2d 1287 · District Court, N.D. Florida · Aug 31, 1998

the Navy and Marine Corps, on the active and retired lists, from the Surgeon General of the Navy on the report of a board of medical survey or, when that is impracticable, on the certificate of a naval medical officer, clearly … Retirees who qualify for Medicare under the Social Security Act, 42 U.S.C. § 1395c et seq., are not eligible for CHAMPUS or Tricare benefits. 10 U.S.C. § 1086 (d).

BT Investment Managers, Inc. v. Lewis

461 F. Supp. 1187 · District Court, N.D. Florida · Dec 15, 1978

BTIM qualified to do business in Florida on November 27, 1972, and plans to locate an office in, the city of Palm Beach, Florida. Defendant Gerald A. … The general constitutional principles governing a claim of interference with interstate commerce are well established.

Willingham v. City of Valparaiso

97 F. Supp. 3d 1345 · District Court, N.D. Florida · Mar 19, 2015

Willingham review and pronounced that Article IV of the Charter — which the City now contends immunizes it'from liability — did not apply to his personnel decisions. … While they were clearly were friends, the evidence depicts a personal “association” unrelated to Commissioner Smith’s bid for mayor. It does not, in other words, establish a political association. Mr.

STATE OF FLORIDA v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

District Court, N.D. Florida · Nov 20, 2021

A restraining order or preliminary injunction is “an extraordinary and drastic remedy” granted only if the plaintiff has “clearly established” that each of the four requirements is satisfied. … Florida argues that the economic harm its agencies will suffer from this loss of funding can establish irreparable harm in light of the sovereign immunity of the United States, against which it has no monetary recourse

SUPPORT WORKING ANIMALS INC v. DESANTIS

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

Sovereign Immunity “Under the Eleventh Amendment, ‘a state may not be sued in federal court unless it waives its sovereign immunity or its immunity is abrogated by an act of Congress under … Accordingly, this Court finds that Plaintiffs have not established that Florida has waived its Eleventh Amendment immunity as to any of the claims in this case.

Henson v. United States

508 F. Supp. 2d 1103 · District Court, N.D. Florida · May 14, 2007

Causation Although Henson has failed to establish any breach in the standard of care, this case also fails for lack of causation. … This speculative belief is insufficient to establish that these doctors knew of the prior breast complaint.