Case law

Zion Coptic Church, Inc. v. United States

489 F. Supp. 35 · District Court, S.D. Florida · Mar 4, 1980

The IRS has moved to dismiss the complaint for lack of jurisdiction due to the anti-injunctive provisions of 26 U.S.C. § 7421 and the doctrine of sovereign immunity. … The Court concludes, infra, that the sale would be an abuse of discretion, but this conclusion is clearly a matter upon which reasonable persons could differ.

Joseph v. Publix Super Markets, Inc.

983 F. Supp. 1431 · District Court, S.D. Florida · Aug 29, 1997

In this Circuit, the liability *1441 of an employer may only be established in one of two ways. … The Court finds that Joseph has failed to prove, by a preponderance of the evidence, that she was qualified for the position of stock clerk.

Overton v. Jones

155 F. Supp. 3d 1253 · District Court, S.D. Florida · Jan 12, 2016

This is in accord with clearly established federal law. See Strickland v. … The record supports that finding, as does clearly established federal law.

Lindley v. DePriest

755 F. Supp. 1020 · District Court, S.D. Florida · Jan 28, 1991

With this well established mandate of strict construction of removal statutes in mind, the court addresses the instant motion to remand. … court held that informal receipt, without proper service, was insufficient to commence the removal period, it never reached the argument which State Farm emphasized, to wit, whether an uneonformed copy of the complaint qualifies

Guerrero v. Summit Aerospace, Inc.

District Court, S.D. Florida · Feb 25, 2022

Under the ADA, a plaintiff must establish the following three elements for a prima facie case: “(1) he is disabled; (2) he is a qualified individual; and (3) he was subjected to unlawful discrimination because of his disability … loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune

United States v. One Parcel of Real Estate

831 F. Supp. 1578 · District Court, S.D. Florida · Sep 15, 1993

Probable Cause to Forfeit Property The United States has clearly demonstrated that it had probable cause to believe that the defendant property was used to facilitate a violation of 21 U.S.C. § 881 . United States v. … The Eleventh Circuit has held that a lienholder qualifies as an owner under § 881. United States v.

IDMWORKS, LLC v. Pophaly

192 F. Supp. 3d 1335 · District Court, S.D. Florida · Jun 23, 2016

A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the “burden of persuasion” as to the four factors. Siegel v. … Carter, 9 *1342 So.3d at 1265 (“[P]rotection of former customers generally does not qualify as a legitimate business interest where no identifiable agreement exists with such customers establishing that they would return

Gilbert & Caddy, P.A. v. JP Morgan Chase Bank, N.A.

193 F. Supp. 3d 1294 · District Court, S.D. Florida · Jun 15, 2016

Tellingly, Plaintiff does not assert that the Sacks Transfers qualify as “consumer” or “personal” transfers and, under the Agreements, the Accounts are clearly for business purposes. … Accordingly, Plaintiff has failed to establish that Chase breached a mutually-dependent covenant of the Agreements.

Byers v. Petro Services, Inc.

110 F. Supp. 3d 1277 · District Court, S.D. Florida · May 21, 2015

An employee whose primary duty is ordinary production work or routine, recurrent or repetitive tasks cannot qualify for exemption as an executive.... … Considering together the facts in the record, the Court therefore determines that Petro Services has clearly shown Byers’ primary duty to be managerial. B.

Gunning v. Runyon

3 F. Supp. 2d 1423 · District Court, S.D. Florida · Apr 17, 1998

Plaintiff has satisfactorily established that he is a member of a particular religion. There is no evidence to indicate that he was not qualified to perform his job. … We find that Brown, as well as numerous cases applying it, clearly establish that Plaintiffs constitutional claim of religious employment discrimination by the United States Postal Service is a claim properly cognizable only

Johnson v. City of Fort Lauderdale, Fla.

903 F. Supp. 1520 · District Court, S.D. Florida · Sep 20, 1995

Clearly, then, Title VII cannot provide Plaintiffs exclusive remedy against the individual defendants, as this would amount to conferring absolute immunity from discrimination suits upon the employees of the state and its … Particularly instructive are the 1972 Amendments, which were clearly not intended to supplant the preexisting remedy under § 1983 for discriminatory acts by state employers.

Del Monte Fresh Produce Co. v. Dole Food Co., Inc.

136 F. Supp. 2d 1271 · District Court, S.D. Florida · Feb 22, 2001

Hansen, 933 F.2d 1390, 1397 (8th Cir.1991) (reversing forum non conveniens dismissal where defendant did not provide court with names of Jamaican witnesses or establish that there were clearly more witnesses in Jamaica than … . § 1404 (a), a “plaintiffs choice of forum should not be disturbed unless it is clearly outweighed by other considerations.” Robinson v.

Birdsall, Inc. v. Tramore Trading Co., Inc.

771 F. Supp. 1193 · District Court, S.D. Florida · Aug 13, 1991

But BIRDSALL did not clearly establish the applicability of COGSA. At the July 22, 1991 status conference, the Court requested briefing on this preliminary matter. … Where the Harter Act would ordinarily apply to an event, it forbids and nullifies all contractual terms which broaden a carrier’s immunities and defenses beyond those granted by the act itself. 46 App.U.S.C. § 190.

Blumberg v. Heckler

598 F. Supp. 1250 · District Court, S.D. Florida · Nov 5, 1984

If the plaintiff shows that a return to the prior job is not possible, the burden shifts to the defendant to show that the plaintiff is qualified to perform other work available in the national economy. Heckler v. … The electrocardiogram may establish the diagnosis of ischemic heart disease if characteristic changes are present. The absence of abnormalities, however, by no means excludes the diagnosis.

Blankenship v. SMITHkLINE BEECHAM CORP.

395 F. Supp. 2d 1162 · District Court, S.D. Florida · Sep 6, 2005

The Plan is an employee benefit plan as defined in 29 U.S.C. 1002(1) established and maintained pursuant to ERISA. Exh. … After the first two years of LTD benefits — you are unable to perform any job for which you are reasonably qualified or may become qualified because of your education, training, or experience.

Piquion v. Walgreen, Co.

369 F. Supp. 2d 1339 · District Court, S.D. Florida · Apr 29, 2005

The parties do not contest that Piquion is part of a protected class or that he was qualified for his position. … While the Court will accept that Piquion subjectively perceived these actions as severe and pervasive, objectively they are clearly not.

Langbehn v. PUBLIC HEALTH TRUST OF MIAMI-DADE

661 F. Supp. 2d 1326 · District Court, S.D. Florida · Oct 2, 2009

University of Miami, 474 So.2d 239, 243-45 (Fla. 3rd DCA 1985) (doctor acting as agent of Public Health Trust at Jackson was immune from claim of negligence). … impact,” but “other more invasive medical treatment or the prescribing of drugs with toxic or adverse side effects would so qualify”).

A & M Gerber Chiropractic LLC v. Geico General Insurance Co.

321 F.R.D. 688 · District Court, S.D. Florida · Jun 7, 2017

If a plaintiff fails to demonstrate that the putative class is clearly ascertainable, then class certification is properly denied. See Walewski v. … As a preliminary matter, the Court concludes that the proposed class, as refined above, is both adequately defined and clearly ascertainable.

HDR Architecture, P.C. v. Maguire Group Holdings (In re Maguire Group Holdings, Inc.)

523 B.R. 879 · District Court, S.D. Florida · Dec 24, 2014

P. 8013 (“[f]indings of fact ... shall not be set aside unless clearly erroneous”). … To qualify as an administrative expense, a claim must provide value to the estate independent of a debtor’s pre-petition obligations.

United States v. Perez

694 F. Supp. 854 · District Court, S.D. Florida · Aug 4, 1988

The District Court finding will be reversed if clearly erroneous. United States v. Hobson, 672 F.2d 825 (11th Cir. 1982) cert. den. 459 U.S. 906 , 103 S.Ct. 208 , 74 L.Ed.2d 166 (1982). … The Eleventh Circuit has established a two prong test for disqualification of an attorney under Canon 9.