Case law

Kreuzfeld A.G. v. Carnehammar

138 F.R.D. 594 · District Court, S.D. Florida · Jun 5, 1991

In the present case, the Plaintiffs Verified Complaint sets forth numerous questions of law or fact which clearly satisfy this requirement. … As injunctive relief “is an extraordinary and drastic remedy” it is not to be granted unless the movant clearly establishes the “burden of persuasion” as to the four requisites. United States v.

Bien-Aime v. Nanak's Landscaping, Inc.

572 F. Supp. 2d 1312 · District Court, S.D. Florida · Aug 12, 2008

Application of the FLSA in this case would clearly undermine the intent of Congress in enacting the FLSA, which was to “leave local business to the protection of the states.” … Defendant’s business does not qualify as triggering “enterprise coverage” under the FLSA, and therefore, summary judgment in Defendant’s favor on this issue is granted. Accordingly, it is ORDERED AND ADJUDGED that: 1.

Williams v. United States Citizenship and Immigration Services

District Court, S.D. Florida · Dec 20, 2024

immunity—and because Defendant Martinez cannot be sued under a theory of supervisory liability. … See Motion at 8 (“Alternatively, the Individual Defendants are entitled to qualified immunity, and the claims against Defendant Martinez also fail because supervisory liability is not cognizable under Bivens.”).

Zanzuri v. G.D. Searle & Co.

748 F. Supp. 1511 · District Court, S.D. Florida · Sep 4, 1990

However, the Lukaszewicz ruling was clearly based on the Court’s belief that Wisconsin state law of negligence per se provided for liability where Defendant had violated a federally imposed duty. … Far from a model of clarity, the Cu-7 warning is the very example of a qualified warning, the adequacy of which must be resolved through a highly intensive factual inquiry.

The Buena Ventura

87 F. 927 · District Court, S.D. Florida · May 27, 1898

In each of these cases the immunity attached from the outbreak of the war. … Although she was to touch there for that purpose, it was not a port of discharge, nor was she from a foreign port, and her case clearly does not come within the language of the proclamation.

Theobald v. Piper Aircraft, Inc.

309 F. Supp. 3d 1253 · District Court, S.D. Florida · Mar 30, 2018

One of the many design considerations of an aircraft is to make it immune from aerodynamic flutter within its flight envelope. See e.g. 14 C.F.R. 23.629. … At the hearing, Plaintiffs simply said that "those parts are required to bring the stabilator to the operational continuing airworthiness standard established by Piper....

Arbelaez v. Crews

43 F. Supp. 3d 1271 · District Court, S.D. Florida · Aug 20, 2014

This is not clearly established federal law. “Clearly established federal law is not the case law of the lower federal courts, including this Court or even the Eleventh Circuit Court of Appeals. … It is an unreasonable determination of clearly established federal law.

Allapattah Services, Inc. v. Exxon Corp.

188 F.R.D. 667 · District Court, S.D. Florida · Aug 10, 1999

This Order endeavors to rule on the defense related issues and establish a procedure for post verdict procedures. . … However, the parties agree on this point: that no qualifying language is contained in 385 of the Releases in issue. .

United States v. Altuve

915 F. Supp. 370 · District Court, S.D. Florida · Feb 1, 1996

By adopting such a posture, the government encouraged and allowed the defendants to make the most of their chance to qualify for the government’s largesse through cooperation. 4. … The Court finds this requirement most clearly and succinctly expressed by Judge Clark in United States v.

Wilkins v. Blackman

District Court, S.D. Florida · Jun 15, 2022

Analyzing Defendant’s uncontested factual record, Judge Louis found that Plaintiff failed to rebut Defendant’s claim of qualified immunity and accordingly recommended a grant of summary judgment. … Should Plaintiff be unable to adequately respond to any of Defendant’s statement of facts on the basis that additional discovery is necessary to yield evidence that would allow a response then he should clearly argue the

Klein v. Unidentified, Wrecked & Abandoned Sailing Vessel

568 F. Supp. 1562 · District Court, S.D. Florida · Aug 17, 1983

“Power” and “Intention” The United States clearly has the power to exercise dominion and control over the wreck pursuant to the Property Clause of the United States Constitution. 19 The Property Clause has been construed … Biscayne National Monument was established by statute in 1968. 16 U.S.C. § 450qq. In 1980 the Monument was abolished and all property and interest were incorporated into Biscayne National Park. 16 U.S.C. § 410gg. 3 .

City of Miami Gardens v. Wells Fargo & Co.

328 F. Supp. 3d 1369 · District Court, S.D. Florida · Jun 29, 2018

The City's Third Amended Complaint states that Wells Fargo "steered" minorities into certain types of predatory loans when the borrowers qualified for better terms. … Even if this Court found the testimony of Alvaro Orozco should remain on the record, his testimony clearly does not suffice to convince a reasonable jury.

Guerrero v. Moral Home Services, Inc.

247 F. Supp. 3d 1288 · District Court, S.D. Florida · Mar 27, 2017

Worthington, 475 U.S. 709, 714 , 106 S.Ct. 1527 , 89 L.Ed.2d 739 (1986) (determination whether an employee’s job qualifies as exempt from federal wage laws is a question of law to be resolved by the courts). … There is substantial undisputed evidence in the record describing her job duties, which clearly fit within the definition for companionship services in 20 C.F.R. § 552.6 . .

Furlong v. Johnson Controls World Services, Inc.

97 F. Supp. 2d 1312 · District Court, S.D. Florida · Mar 6, 2000

However, the FLSA exempts from the overtime compensation requirement those employees who properly qualify as “administrative employees.” See 29 U.S.C. § 213 (a)(1). … The Court finds that these responsibilities are clearly office or non-manual work directly related to the management policies or general business operations of Johnson Controls. *1316 2.

Hunters Run Property Owners Association, Inc. v. Centerline Real Estate, LLC

District Court, S.D. Florida · Sep 15, 2023

The Clerk’s Entry of Default Both requirements of the two-step procedure explained above are clearly met here. … , power or privilege, or as to some fact upon which the existence of such right, status, immunity, power or privilege does or may depend; (3) the plaintiff is in doubt as to the right, status, immunity, power or privilege

Campero USA Corp. v. ADS Foodservice, LLC

916 F. Supp. 2d 1284 · District Court, S.D. Florida · Dec 13, 2012

This clearly was not a meaningful “meet and confer” process regarding privilege claims. … Rather than put forward any proof, Plaintiff asked that I simply read through each of the emails, in camera, and determine myself whether each email qualified as an attorney-client communication. I declined to do so.

Wallace v. Town of Palm Beach

624 F. Supp. 864 · District Court, S.D. Florida · Dec 16, 1985

1, § 8), 2) the equal protection clause of the Fourteenth Amendment, 3) the Fourth Amendment guarantee against unreasonable search and seizure, 4) the right of privacy, 5) the right to travel, and 6) the privileges and immunities … California, 314 U.S. 160, 172-73 , 62 S.Ct. 164, 166 , 86 L.Ed. 119 (1941) established that the transportation of persons is “commerce” within the meaning of the Commerce Clause (high influx of migrants into California is

Florida Keys Citizens Coalition, Inc. v. United States Army Corps of Engineers

374 F. Supp. 2d 1116 · District Court, S.D. Florida · Apr 11, 2005

Second, the Administrative Record, rather than supporting Plaintiffs’ proposition, clearly establishes that the shoulders are not in *1142 tended as, nor can they be used as, travel lanes of a heavily traveled highway. … Under this standard, de minimis impacts clearly do not constitute constructive uses. See Coalition on Sensible Transp., 826 F.2d at 63 .

Escandar v. Ferguson

441 F. Supp. 53 · District Court, S.D. Florida · Oct 5, 1977

Clearly, a less restrictive means of achieving the State’s compelling interest is that urged by the Petitioners, i. e., evidentiary hearings at which the trial court judges of Florida may, upon a totality of the circumstances … In Vlandis, supra, the Court declared unconstitutional a Connecticut statute mandating an irrebuttable presumption of nonresidency for the purpose of qualifying for reduced tuition rates at a state university.

Sanchez

District Court, S.D. Florida · Apr 8, 2026

To begin, the law is unclear whether the Clerk of Court is entitled to quasi-judicial immunity from Plaintiff’s claim for injunctive relief. See Tallahassee Bail Fund v. … But Plaintiff fails to clearly identify the underlying non-frivolous claim.