Case law

League of Women Voters of Fla., Inc. v. Detzner

314 F. Supp. 3d 1205 · District Court, N.D. Florida · Jul 24, 2018

Defendant recommended that Florida's legislature amend its early voting statute to expand what qualifies as an eligible early voting site. Id. at 7 . … Plaintiffs have established a substantial likelihood of success on the merits of their First and Fourteenth Amendment claims.

Branch v. McDonough

779 F. Supp. 2d 1309 · District Court, N.D. Florida · Mar 30, 2010

The Act allows a federal court to grant relief only if the state courts’ rejection of a claim “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court … The dissent plainly does not constitute “clearly established Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C. § 2254 (d)(1).

CAMPBELL v. GAUDIN

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

Given the nature of Plaintiff’s allegations, as discussed above, Plaintiff has clearly not shown he is in “imminent danger” of serious physical harm. IV. … As discussed above, however, Plaintiff has had at least three cases dismissed for a reason qualifying as a strike under the PLRA.

Williams v. First Advantage LNS Screening Solutions, Inc.

238 F. Supp. 3d 1333 · District Court, N.D. Florida · Mar 2, 2017

For example, First Advantage clearly knew of the potential for harm to those with common names. Indeed, it implemented procedures in an apparent attempt to mitigate that risk. … Yet the record establishes both of those facts here.

Calvin v. Jefferson County Board of Commissioners

172 F. Supp. 3d 1292 · District Court, N.D. Florida · Mar 19, 2016

JCI is run by its warden “subject to the orders, policies, and regulations established” by DOC. § 944.14, Fla. … Having access to emergency medical and fire services doesn’t establish such a connection.

Black v. Astrue

678 F. Supp. 2d 1250 · District Court, N.D. Florida · Jan 5, 2010

At step four, the claimant bears the burden of establishing a severe impairment that precludes the performance of past relevant work. … Decker said: The patient’s cognitive skills are very limited and have clearly impacted her adaptive skills and ability to work.

Featherston v. Metropolitan Life Insurance

223 F.R.D. 647 · District Court, N.D. Florida · Aug 30, 2004

Final decisions of a magistrate judge are subject to *651 a “clearly erroneous or contrary to law” standard of review by the district court. … In this case, the record establishes that a “palpable” conflict of interest exists.

Stansfield v. Minute Maid Co.

124 F. Supp. 3d 1226 · District Court, N.D. Florida · Aug 13, 2015

I The standards for considering a motion to dismiss are well-established. … This point must be qualified in light of POM Wonderful.

Scippio v. Florida Combined Life Insurance

585 F. Supp. 2d 1317 · District Court, N.D. Florida · Nov 6, 2008

Bray is not qualified to make an assessment of how Scippio’s ability to work would be impacted if his condition was as he reported. 19 However, Dr. … Bray is qualified to determine whether Scippio’s reports are consistent with his objective condition. In this respect Dr.

Monroe v. Astrue

726 F. Supp. 2d 1349 · District Court, N.D. Florida · Jul 20, 2010

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id. (emphasis by the Court). … She clearly lacks education. Her behavior was stable and purposeful as she worked on the tasks presented to her.'

United States v. Winbush

264 F. Supp. 2d 1013 · District Court, N.D. Florida · Apr 30, 2003

Accordingly, the guideline range “shall be” the greater of the ranges established under subsections (A) and (B) of § 4Bl.l(c)(2). … And the range so calculated is clearly the combined range applicable to all of the counts of conviction; otherwise § 4Bl.l(c)(2)(A), which in effect requires that the otherwise applicable ranges for the § 924(c) conviction

Araiza-Calzada v. Webb's Seafood, Inc.

49 F. Supp. 3d 1001 · District Court, N.D. Florida · Sep 10, 2014

Plaintiffs have the burden of establishing that they are covered by the Act. See, e.g., Josendis v. … However, Morante-Navarro did not purport to establish a test or extend the definition of agricultural products so far.

FERRIER v. FLORIDA DEPARTMENT OF CORRECTIONS

District Court, N.D. Florida · Nov 23, 2020

The clearly established federal law, as determined by the Supreme Court, was set out in Harris v. United States, 536 U.S. 545 (2002), which Alleyne later overruled. … When rendered, the First District’s decision was consistent with—not contrary to or an unreasonable application of—clearly established federal law.

Hoffer v. Inch

382 F. Supp. 3d 1288 · District Court, N.D. Florida · Apr 18, 2019

Clearly FDC is undercounting the number of inmates with chronic HCV, and it unquestionably knows it is doing so. ECF No. 340-6, at 232-35. … Moreover, there is no dispute that any one of the listed conditions qualifies an inmate for referral.

BELLAMY

District Court, N.D. Florida · Feb 26, 2026

Plaintiff has been diagnosed with PTSD and claims that she is “a qualified individual with a disability under” both the “ADA and § 504.” Id. at 2. … “Difficulty in accessing a benefit, however, does not by itself establish a lack of meaningful access.” Todd, 236 F. Supp. 3d at 1329.

United States v. McKinney

339 F. Supp. 2d 1314 · District Court, N.D. Florida · Sep 6, 2004

If I wrote on a clean slate, I would uphold the guidelines against Sixth Amendment attack. 6 Since the very first days of indeterminate sentencing, judges have taken into account, in choosing a sentence, information not established … of 16 or greater) if defendant accepts responsibility and enters timely guilty plea but two-level reduction otherwise); Order of March 11, 2004 (document 32) at 4 (requiring plea to be tendered four days before trial to qualify

BROWN

District Court, N.D. Florida · Nov 13, 2025

It should only be granted if “the movant ‘clearly carries the burden of persuasion’ as to the four prerequisites.” Id. (quoting Canal Auth. v. … Nor can Defendants immunize themselves by recharacterizing Plaintiff’s speech as mere “association” with another’s speech.

Estate of McCall v. United States

663 F. Supp. 2d 1276 · District Court, N.D. Florida · Sep 30, 2009

The court finds that the appropriate standard of care for physicians was established by the plaintiffs’ expert, Dr. Maul-din, who qualified as an OB/GYN specialist and expert in the field. 16 The court accepts Dr. … Although certainly well qualified in those areas, Mr. DeWeese is not a certified life care planning expert.

Buck v. Gibbs

34 F. Supp. 510 · District Court, N.D. Florida · Aug 5, 1940

In attempting to prevent individuals from . contracting for the use of their copyrighted music upon any price bases they and their customers may select, the Act goes clearly beyond and is wholly outside the reasonable exercise … (Filed and effective June 12, 1939). 4 The Copyright Clause (Art. 1, Sec. 8, Cl. 8) and the Federal Laws enacted pursuant thereto; the Impairment of Contract Clause (Art. 1, Sec. 10); the Privileges and Immunities Clause

AWOLOWO v. CARLISLE

District Court, N.D. Florida · Dec 23, 2024

conspired against him was insufficient to establish the existence of a conspiracy for purposes of establishing a §§ 1983, 1985, or 1986 violation”); Grider v. Cook, 522 F. … App’x 819, 822 (11th Cir. 2010) (“witnesses are absolutely immune from damages based on their testimony”).