Case law

Jones v. McNeil

776 F. Supp. 2d 1323 · District Court, S.D. Florida · Mar 7, 2011

Jones qualified for four statutory aggravators and established no mitigating factors. See Jones, 652 So.2d at 349 . As a result, even if the trial court had set aside Mr. … The Florida Supreme Court’s ruling was not contrary to, and did not involve an unreasonable application of, clearly established federal law, as determined by the Supreme Court.

Brooks Shoe Manufacturing Co. v. Suave Shoe Corp.

533 F. Supp. 75 · District Court, S.D. Florida · Nov 9, 1981

The screening questionnaire established that a household existed at the telephone number contacted and that respondents did or did not exist in the household who qualified for an interview concerning their purchase of athletic … The evidence clearly shows that the products involved are identical in nature, i.e. athletic type footwear.

Hofmann v. EMI RESORTS, INC.

689 F. Supp. 2d 1361 · District Court, S.D. Florida · Feb 11, 2010

As such, I conclude that this qualifies as one of the rarely-presented situations where Special Master Scott and I were constitutionally permitted to act without providing additional advance procedural safeguards to the Elliott … Bush, 196 Fed.Appx. 796, 799 (11th Cir.2006) (concluding that special masters are entitled to judicial immunity for acts performed in the scope of their appointment). 17 .

Gautam v. City of Sunrise, Florida

District Court, S.D. Florida · Aug 21, 2025

Gautam is not a police officer or an employee qualified to participate in the retirement program. … They argue they are immune from Gautam’s negligence claim pursuant to section 768.28(9)(a), Florida Statutes.

Moreland v. Miami-Dade County

255 F. Supp. 2d 1304 · District Court, S.D. Florida · Nov 13, 2002

If Moreland accepted the offer, Stierheim indicated the Employee Relations Department would identify a position for which she qualified. (Def Ex 9 at p. 2.) … Plaintiffs prima facie case To establish a prima facie case of disparate treatment under McDonnell Douglas, a plaintiff must show that she was: (1) a member of a protected class; (2) qualified for the position or entitled

Barmapov-Segev v. City of Miami

District Court, S.D. Florida · Nov 20, 2019

Here, the Plaintiff fails to establish a pattern or practice of unlawful searches and seizures. … “A city’s decision regarding how to train its officers and what subject matter to include in the training is clearly an exercise of governmental discretion regarding fundamental questions of policy and

Gencoglanoglu v. Badolati

District Court, S.D. Florida · May 12, 2025

“Access to the courts is clearly a constitutional right, grounded in the First Amendment, the Article IV Privileges and Immunities Clause, the Fifth Amendment, and/or the Fourteenth Amendment.” Chappell v. … Factual detail in the pleadings is particularly necessary in cases involving qualified immunity, where the Court must determine whether a defendant’s actions violated a clearly established right.

Meek v. Martinez

724 F. Supp. 888 · District Court, S.D. Florida · Feb 21, 1989

Facts Established at Trial 50. Evidence presented at the final hearing establishes that District XI has the largest number and percentage of elderly, minority elderly, and poor elderly. 51. … These are clearly separate responsibilities independently imposed in the statute. 39. The other requirements of a section 1983 action have been met.

Martinez v. Bush

234 F. Supp. 2d 1275 · District Court, S.D. Florida · Dec 3, 2002

A “finding of intentional discrimination is a finding of fact” subject to clearly erroneous review. Anderson v. … That a district will perform for a particular black candidate of choice of course does not immunize the district from a dilution claim. But neither is that performance irrelevant.

United States v. Norton

14 F.2d 184 · District Court, S.D. Florida · Jun 23, 1926

Norton at all times has been qualified in every way to acquire lands under the land laws of the United States. … This rule is clearly laid down in Frisbie v.

Johnson v. Cooke

District Court, S.D. Florida · May 6, 2021

The Court also found that Defendants were not entitled to qualified immunity. (Id. at 12-14.) However, the Court granted Defendants summary judgment as to certain claims. (See id. at 8, 16, 18-19.) … (D.E. 135.) 3 The Eleventh Circuit declined to consider Defendants’ qualified immunity argument.

Leszczynski v. Allianz Insurance

176 F.R.D. 659 · District Court, S.D. Florida · Dec 8, 1997

These prerequisites are mandatory and the failure to establish any one is fatal to a motion for class action certification. … An action appropriate under subdivision (b)(2) also may qualify under subdivision (b)(3). Mungin v. Florida E. Coast Ry., 318 F.Supp. 720 (D.C.Fla.1970).

Figueroa v. Merscorp, Inc.

766 F. Supp. 2d 1305 · District Court, S.D. Florida · Jan 31, 2011

Brown maintained there was no evidence to establish who was the correct plaintiff, and that IndyMac and the Firm did not identify the true owner of the debt. (See id. 19-20). … According to the Plaintiff, MERS was then “created to facilitate the illegal and fraudulent foreclosure of properties that are otherwise immune from repossession.” (Mot. 9 (citing 3d Am.

Pan-American Trading Co. v. Franquiz

8 F.2d 500 · District Court, S.D. Florida · Oct 31, 1925

The immunity from risks of a described character, when-due diligence has been used, cannot be so extended as to cause the statute to say that the owner when he has been duly diligent is not only exempted in accordance with … limited sense as importing only a loss by the natural accidents peculiar to that element, or whether understood in its moro extended sense as including inevitable accidents upon that element, must still, in either ease, he clearly

Miccosukee Tribe of Indians v. United States Department of Justice

103 F. Supp. 3d 1314 · District Court, S.D. Florida · Apr 14, 2015

The DOJ must satisfy a two-part test to establish the propriety of the exemptions. First, it must establish its claim of right to withhold “comes within the ambit of one of the statutory exemptions.” … Further, although the “FOIA extends only to those records which reveal something about agency action, the mere fact that records pertain to an individual’s activities does not necessarily qualify them for exemption.

United States v. One Parcel of Real Estate at 298 N.W. 45th Street

804 F. Supp. 319 · District Court, S.D. Florida · Apr 6, 1992

This Court agrees with the Sixth Circuit’s holding which clearly states “that one who claims to be a subsequent bona fide purchaser for value and without notice has standing to assert the innocent Owner de-fense_” United … According to the Uniform Commercial Code, to qualify as a bona fide purchaser, there needs to be an exchange for value. See U.C.C. § 1-201(44).

Walters v. American Coach Lines of Miami, Inc.

569 F. Supp. 2d 1270 · District Court, S.D. Florida · Jul 29, 2008

Defendant requires that its drivers become qualified to drive all types of vehicles used by it for passenger transportation and Defendant maintains a “driver qualification file” for each driver as required by 49 C.F.R. § … In contrast, in this case Defendant has clearly demonstrated that it is engaged in interstate commerce and therefore subject to the jurisdiction of the Secretary of the USDOT.

Navarro v. Holder

840 F. Supp. 2d 1331 · District Court, S.D. Florida · Jan 10, 2012

establishes 1 1/3 to 4 years as the harshest possible sentence if the court decides to impose an indeterminable sentence.” … In addition, “to qualify as an 'aggravated felony’ under the INA, the conduct prohibited by state law must be punishable as a felony under federal law,” and "the defendant must also have been actually convicted of a crime

Gonzalez v. REAL HOSPITALITY GROUP, LLC

District Court, S.D. Florida · Mar 8, 2022

XLA is an immune disorder that reduces the body’s ability to fight infections. As a result of the XLA, Gonzalez must undergo “expensive medical treatment, constant care, and take a medicine called Hyqvia.” … , (2) is a qualified individual, and (3) was subjected to unlawful discrimination because of his disability.”

Van Vechten v. Elenson

920 F. Supp. 2d 1284 · District Court, S.D. Florida · Jan 29, 2013

The Complaint clearly paints Elenson as a tortfeasor personally. … “The explicit language of section 48.193(l)(b) clearly establishes that if one is personally present in Florida and commits a tort in Florida, one is subject to the personal jurisdiction of Florida courts,” and “whether [