Case law

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  • Keller v. City of Tallahassee

    181 F. Supp. 3d 934 · District Court, N.D. Florida · Nov 23, 2015

    immunity and the City provided an opportunity for a meaningful review of Chief DeLeo’s decision, id. at 33-38. … Clearly the critiques filled out by Keller about Lewis and Begault are the major speech acts that Keller claims “led to Defendants’ quest to rid themselves of’ him. See EOF No. 60, at 3-4.

    Cited 5 timesPublished
  • United States v. Bay Area Battery

    895 F. Supp. 1524 · District Court, N.D. Florida · Aug 18, 1995

    In reaching a settlement with the PRPs in the instant case, the Government was following a policy clearly articulated in the Aaron Scrap decree and approved by Congress. … By itself, this evidence does not establish any promises were made.

    Cited 8 timesPublished
  • Minor I Doe v. School Board for Santa Rosa County

    264 F.R.D. 670 · District Court, N.D. Florida · Feb 19, 2010

    Accordingly, the CEAI members in this case, as employees of a public institution, have no valid claim of First Amendment chill for official-capacity conduct clearly prohibited by the Establishment Clause. 28 See, e.g., id … The consent decree clearly has valid applications. In fact, its applications are plainly legitimate because it expressly applies to official capacity conduct and remedies admitted Establishment Clause abuses.

    Cited 4 timesPublished
  • BROWNING

    District Court, N.D. Florida · Mar 18, 2026

    Browning alleges having an actual physical “disability,” which, although not clearly defined in her sprawling Amended Complaint, can be understood as plausibly relating to her back condition that required an … Defendants challenge the transitory nature of Browning’s alleged impairment as not lasting six months and argue that her taking FMLA leave alone does not establish she was regarded as disabled.

    Cited 0 timesUnknown
  • VALLE v. 3M COMPANY

    District Court, N.D. Florida · Dec 22, 2022

    Clearly, 3M has sufficient contacts to be at home in Delaware and Minnesota. See id. at 137. … To qualify as a “tortious act,” the defendant must commit a tort as defined by Florida law.

    Cited 0 timesUnknown
  • Stewart v. Astrue

    551 F. Supp. 2d 1308 · District Court, N.D. Florida · Apr 10, 2008

    The ALJ must clearly articulate the reasons for rejecting the treating physician’s opinion. Phillips v. Barnhart, 357 F.3d at 1241 . … The rules governing assessment of a claimant’s credibility are also well-established.

    Cited 0 timesPublished
  • Delta Health Group, Inc. v. United States Department of Health & Human Services

    459 F. Supp. 2d 1207 · District Court, N.D. Florida · Nov 20, 2006

    Both (ii) and (iii) are clearly present here. … An order granting in part and denying in part a motion to dismiss is interlocutory and, therefore, does not qualify under Rule 60(b).

    Cited 1 timesPublished
  • MCLEAN v. CITY OF QUINCY FLORIDA

    District Court, N.D. Florida · Jan 28, 2025

    On September 11, 2021, Harris texted: Page 7 of 23 Clearly, Jack, our values are not aligned. … Fla. 2015), aff’d in part, rev’d in part, remanded on other grounds, 833 F3d 1322 (11th Cir. 2016) (interlocutory appeal limited to questions of qualified immunity).

    Cited 0 timesUnknown
  • Rain Bird Corp. v. Taylor

    665 F. Supp. 2d 1258 · District Court, N.D. Florida · Oct 14, 2009

    Trademark Infringement under LanhamAct (Count I) The undisputed facts establish the three elements that establish a claim of *1268 trademark infringement under the Lanham Act, 15 U.S.C. § 1114 . … This remedial accommodation clearly envisions the exercise of the trial judge’s discretion. Id. Certain principles should guide the district court in the exercise of its discretion.

    Cited 21 timesPublished
  • Conley v. Northwest Florida State College

    145 F. Supp. 3d 1073 · District Court, N.D. Florida · Nov 12, 2015

    Thus, § 106.40 qualifies for Chevron treatment. See Mead, 533 U.S. at 229 , 121 S.Ct. 2164 . Even under Chevron, however, the agency’s resolution of an ambiguity in a statute must still be “reasonable.” - Michigan v. … For, it seems only commonsense, that since only women can become pregnant, discrimination against pregnant people is necessarily discrimination against women, and that ■forbidding discrimination based on sex therefore clearly

    Cited 2 timesPublished
  • Villas of Lake Jackson, Ltd. v. Leon County

    884 F. Supp. 1544 · District Court, N.D. Florida · Feb 10, 1995

    established sufficient acts of reliance.” 643 So.2d at 1118 . … The contractor was not so qualified.

    Cited 4 timesPublished
  • Brenner v. Scott

    999 F. Supp. 2d 1278 · District Court, N.D. Florida · Aug 21, 2014

    Glucksberg, 521 U.S. 702, 720 , 117 S.Ct. 2258 , 138 L.Ed.2d 772 (1997) (refusing to recognize assisted suicide as a fundamental right, listing rights that do qualify as fundamental, and placing the right to marry first on … This is so for marriages already entered elsewhere, and it is more clearly so for new marriages. There is a substantial public interest in stable marriage laws.

    Cited 22 timesPublished
  • Fisher v. Salazar

    656 F. Supp. 2d 1357 · District Court, N.D. Florida · Aug 4, 2009

    In such a situation, although a reviewing court may not rubber stamp an agency decision, it must look at the [agency’s] decision not as the chemist, biologist, or statistician that [it is] qualified neither by training nor … The record establishes otherwise. 8 .

    Cited 4 timesPublished
  • Harrington Manufacturing Co. v. White

    323 F. Supp. 1345 · District Court, N.D. Florida · Feb 23, 1971

    The testimony of the qualified expert witnesses establishes by a preponderance of the evidence that the double acting hydraulic cylinder and circuit as used in the White tree shear is a rigid and not a flexible interconnection … The trend now clearly seems to be toward cutting devices mounted on tractors or other vehicles, and powered by one or more hydraulic pistons.

    Reversed by Harrington Manufacturing Co., Inc., Plaintiff-Appellant-Cross v. Idas B. White, Defendant-Appellee-Cross, 475 F.2d 788 (1973)Cited 5 timesPublished
  • Alliance of Automobile Manufacturers, Inc. v. Jones

    897 F. Supp. 2d 1241 · District Court, N.D. Florida · Sep 20, 2012

    Members issue program-specific guidelines and rules setting forth the eligibility requirements and criteria that dealers must meet in order to qualify for benefits under a program. … The doctrine was refined into a clearly delineated thee-part test in Hunt v. Wash. State Apple Adver.

    Cited 1 timesPublished
  • Raines v. State of Fla.

    987 F. Supp. 1416 · District Court, N.D. Florida · Nov 21, 1997

    It establishes regulatory criteria by which inmates in the first three subclasses may earn the full amount of incentive gain time available notwithstanding their disabilities. … Defendants further agree that in any action brought in state court to specifically enforce the terms of this Agreement, they will not interpose the defense of sovereign immunity as to the provisions of Section III. 19.

    Cited 2 timesPublished
  • MCGUIRE-MOLLICA v. WARDEN FPC MARIANNA

    District Court, N.D. Florida · Oct 7, 2025

    But as the magistrate judge correctly concluded, Mollica did not establish that the programming she engaged in qualified as FSA-eligible programming. See ECF No. 14 at 6-8. … The sentencing transcript clearly shows that the second judge understood the concurrent 14 months the first judge ordered. See N.D.

    Cited 0 timesUnknown
  • CASEY v. PROCTOR

    District Court, N.D. Florida · Jun 6, 2022

    It appears that Plaintiff contends he is “protection management qualified,” but he has not been placed in protective management and he contends an injunction is necessary to him to obtain protective management … Preliminary injunctive relief may be granted only if the moving party establishes: (1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury unless the

    Cited 0 timesUnknown
  • DREAM DEFENDERS v. LEE

    District Court, N.D. Florida · Oct 9, 2020

    It is well-established that while a state may not be sued unless it waives its sovereign immunity or that immunity is abrogated by Congress, Kimel v. Fla. … Clearly, the website crash had some effect on voter registration.

    Cited 0 timesUnknown
  • MCI Telecommunications Corp. v. BellSouth Telecommunications, Inc.

    112 F. Supp. 2d 1286 · District Court, N.D. Florida · Jun 6, 2000

    Congress clearly has authority under the Commerce Clause to act in this area. … the case as against the entity, I have not addressed the issue of whether, by voluntarily participating in proceedings implementing the Telecommunications Act of 1996, the Florida Commission waived its Eleventh Amendment immunity

    Cited 11 timesPublished

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