Case law

Coastal & Native Plant Specialties, Inc. v. Engineered Textile Products, Inc.

139 F. Supp. 2d 1326 · District Court, N.D. Florida · Mar 28, 2001

a contract for sale although the writings of the parties do not otherwise establish a contract. … Clearly, ETP and OxyChem are merchants. As such, their transactions were "between merchants.”

Stuckey v. Jones

226 F. Supp. 3d 1298 · District Court, N.D. Florida · Dec 27, 2016

Based on the foregoing, Stuckey has not shown the state court’s rejection of this ground was either (1) contrary to, or involved an unreasonable application of, clearly established U.S. … Based on the foregoing, Stuckey has not shown the state court’s rejection of this ground was either (1) contrary to, or involved an unreasonable application of, clearly established U.S.

PELHAM v. SOCIAL SECURITY ADMINISTRATION

District Court, N.D. Florida · Aug 6, 2020

www.webmd.com. 3 “Paraneoplastic syndrome” is a group of rare disorders triggered by an abnormal immune system response to a cancerous tumor known as neoplasm. www.ninds.nih.gov. … whether [the] ALJ could have reasonably credited [claimant’s] testimony, but whether the ALJ was clearly wrong to discredit it.” Werner v. Comm’r of Soc. Sec., 421 F.

WAITE

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

Florida has established 3 Waite does not have a constitutional right to proceed pro se in his direct appeal. Martinez v. … Waite has failed to satisfy the first prong of the exception, and therefore fails to qualify for the mootness exception.

DREAM DEFENDERS v. DESANTIS

District Court, N.D. Florida · Aug 9, 2021

The first question this Court must decide is whether Defendant Sheriffs are considered “arms of the state” for purposes of Eleventh Amendment immunity and application of the Ex parte Young exception to immunity. … “Shotgun pleadings are characterized by: (1) multiple counts that each adopt the allegations of all preceding counts; (2) conclusory, vague, and immaterial facts that do not clearly connect to a particular cause of action

RHH LLC v. INNISFREE HOTELS INC

District Court, N.D. Florida · Mar 25, 2021

“[T]he plaintiff bears the burden of ‘clearly . . . alleg[ing] facts demonstrating that he is a proper party to invoke judicial resolution of the dispute.’” Payne, 947 F. … As far as whether this controversy qualifies as “localized,” Plant Genetic Sys., 933 F.

Womancare of Orlando, Inc. v. Agwunobi

448 F. Supp. 2d 1293 · District Court, N.D. Florida · Jul 18, 2005

Clearly, these deadlines do not offend the Bellotti requirement that courts conduct a bypass procedure with expedition (at least in the parental consent context). … As the State’s counsel correctly noted, the statute qualifies the court’s reporting requirement by adding the phrase “as provided in s. 39.201.”

Womancare of Orlando, Inc. v. Agwunobi

448 F. Supp. 2d 1309 · District Court, N.D. Florida · Feb 10, 2006

Furthermore, the “reasonable medical judgment” standard clearly is an ascertainable and comprehensible standard that provides physicians with more than “fair warning” as to what conduct is expected of them in order to avoid … In response, the defendant stresses that the court’s reporting requirement is qualified by the phrase “as provided in s. 39.201.”

LEWIS

District Court, N.D. Florida · Jan 22, 2026

The UPS Terms contain a mandatory arbitration requirement that states as follows: Claimant and UPS agree that, except for disputes that qualify for state … UPS has sufficiently established the existence of a valid arbitration agreement. The UPS Terms are part of what is referred to as a “clickwrap” agreement.

JOHNSON v. RAYNARD

District Court, N.D. Florida · Jul 21, 2025

. § 1997e(a), and Eleventh Amendment immunity as to the claim against the Defendant in his official capacity. … “If this occurs, the complainant must clearly indicate this fact when filing at the next step.” Id.

IN RE: DEEPWATER HORIZON BELO CASES

District Court, N.D. Florida · Dec 15, 2022

That, however, does not mean he is not qualified to do so. Thus, while Dr. … Likewise, he claims “[t]he chain of causation between the acute and chronic symptoms in the populations studied over time is clearly established, and contiguous.” ECF Doc. 469-1 at 23.

DAVENPORT v. BP EXPLORATION & PRODUCTION INC

District Court, N.D. Florida · Dec 15, 2022

That, however, does not mean he is not qualified to do so. Thus, while Dr. … Likewise, he claims “[t]he chain of causation between the acute and chronic symptoms in the populations studied over time is clearly established, and contiguous.” ECF Doc. 469-1 at 23.

Gillman Ex Rel. Gillman v. School Board for Holmes County

567 F. Supp. 2d 1359 · District Court, N.D. Florida · Jul 24, 2008

Indeed, the students and citizens of Holmes County are qualified to make that decision themselves. Instead, my duty is to apply the Constitution and the law to the facts of this case. … The speech and symbols are clearly not sexual in nature.

ROBINSON

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

Plaintiff does not clearly identify the claim(s) he intends to bring, or which facts support each claim. … “A pattern of racketeering activity under RICO requires” a plaintiff to allege “at least two qualifying predicate acts, each of which must constitute a violation of one of the state or federal laws described

GAULT v. United States

District Court, N.D. Florida · Aug 23, 2022

Further, “proving a medical malpractice claim requires establishing that the allegedly negligent act ‘represented a breach of the prevailing professional standard of care,’ as testified to by a qualified medical … Finally, Gault cites the VA’s clinical guidelines as establishing a relevant duty of care.

Florida Wildlife Federation, Inc. v. Jackson

853 F. Supp. 2d 1138 · District Court, N.D. Florida · Feb 18, 2012

“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as -an original matter, the court might find contrary views more persuasive … Establishing a TMDL is a resource-intensive process that takes time.

Villas of Lake Jackson, Ltd. v. Leon County

906 F. Supp. 1509 · District Court, N.D. Florida · Nov 20, 1995

Lucas was restating well-established precedent. … Here, Pelham was clearly referring to the location of the buildings (the “permanent improvements”) upon the land, not to the location of floors of buildings.

BEAR v. UNDERHILL

District Court, N.D. Florida · Mar 25, 2023

The moving party bears the burden of establishing that there is no genuine dispute of fact and that the plaintiff has failed to establish an essential element of the claim. See Allen v. Bd. of Pub. … Supp. 3d at 1164–65 (stating, “[c]ontrary to Defendant’s assertion, Defendant’s status as a state legislator is not a magic pill that immunizes him from state action analysis”); see also Davison v.

GOLDSON

District Court, N.D. Florida · Sep 15, 2025

The record accordingly does not support Handley’s contention that the state court’s decision was “contrary to” clearly established federal law under 28 U.S.C. § 2254(d)(1). … Based on the foregoing, Petitioner Goldson has not shown the state courts’ rejection of this ground was contrary to, or involved an unreasonable application of, clearly established U.S.

TOOLE

District Court, N.D. Florida · Feb 25, 2026

There is no way that Plaintiff’s counsel could have reasonably believed that a violation of the Ali Act qualified as a RICO predicate. … App’x 768, 771 (11th Cir. 2019) (referring to arguments “foreclosed plainly by established binding precedent” as “clearly frivolous”).