Case law

Patel v. United States

District Court, S.D. Florida · Aug 4, 2021

pauperis the Court is required to examine whether “the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Act (with possible multiple predicate crimes) violations, tortious interference in a business transaction, honest services duties, and functional removal the constitutional ipso facto office of a qualified

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.”

Saulsbury v. United States

101 F. Supp. 280 · District Court, S.D. Florida · Aug 30, 1951

Ridgely qualified as executrix. She later was discharged and another executor, Albert Ward, appointed. … The extent of the bequest and the time of its enjoyment were clearly defined in the trust instrument, and the order of the Probate Court frustrated the clear and unambiguous direction of the Donor in that regard.

United States v. Baraban

599 F. Supp. 1171 · District Court, S.D. Florida · Dec 4, 1984

The standard for whether a defendant is competent to stand trial is well-established. … These facts are uncontroverted and this Court finds that they clearly establish that Baraban was competent to stand trial.

Vaccianna

District Court, S.D. Florida · Aug 24, 2026

Defendant separately argues that Plaintiff fails to plausibly allege she is a qualified individual. … Rather, allegations in a judicial complaint may “amplify, clarify, or more clearly focus” the allegations presented to the EEOC. Gregory, 355 F.3d at 1279-80.

West v. LQ Management, LLC

156 F. Supp. 3d 1361 · District Court, S.D. Florida · Oct 30, 2015

See 42 U.S.C. § 2000a(a)(l) (including “any inn, hotel, motel, or other establishment which provides lodging to transient guests” on the list of establishments which qualify as “a place of public accommodation within the … As shown by the plentiful factual disputes in this case, Plaintiffs clearly establish the non-comparator prongs of the four-factor employment test 5 and ah three elements of the Christian test: 1) they are members of a protected

United States v. Arrow Air, Inc. (In Re Arrow Air, Inc.)

101 B.R. 332 · District Court, S.D. Florida · Feb 8, 1989

Pursuant to its Plan, Arrow Air sought ex parte an order authorizing it to disburse from the Creditors’ Fund established under the Plan payment of the unsecured priority portion of the IRS’s claim, $62,059.77. … The debtor asserts that a single lump sum payment can never qualify as a deferred cash payment. We disagree because the plan itself, as in this case, can call for a contrary result.

Highway Pavers, Inc. v. Secretary, United States Department of the Interior

650 F. Supp. 559 · District Court, S.D. Florida · Dec 15, 1986

In order to qualify for payment of benefits provided for in § 4622, the relocated individual or business must meet the statutory definition of a “displaced person”, as set forth below: (6) The term “displaced person” means … Therefore, the legal conclusion that Highway Pavers or Ochobee Rock is not a displaced person, under the Act, is not clearly erroneous or otherwise not in accordance with the law.

BFI WASTE SYS. OF NORTH AMERICA, INC. v. Broward County, Florida

265 F. Supp. 2d 1332 · District Court, S.D. Florida · Jun 6, 2003

By contrast, private parties clearly can, and do, enter into contracts that contain provisions like the Designation Clause. … “Hereof’ clearly refers to the Fifth Amendment itself, which the County and the Contract Communities executed on June 22, 1999. The Hauling Contracts were executed in 1996.

Faculty Senate of Florida International University v. Winn

477 F. Supp. 2d 1198 · District Court, S.D. Florida · Feb 8, 2007

It is true, of course, that a state’s use of its spending power does not render a legislative decision immune from a preemption attack. See Crosby, 530 U.S. at 373 n. 7, 120 S.Ct. 2288 . … The Act simply establishes that Florida, as a state, will not pay for these excursions.

Diaz v. Hood

342 F. Supp. 2d 1111 · District Court, S.D. Florida · Oct 26, 2004

Clearly the old adage, “justice delayed is justice denied,” was quickly discerned by all the attorneys and the Court to be par *1115 ticularly true when considering the issues raised by this important litigation. … I am qualified to register as an elector under the Constitution and laws of the State of Florida. I am a U.S. Citizen. I am a legal resident of Florida. All information on this form is true.

All-Tag Corporation v. Checkpoint Systems, Incorporated

District Court, S.D. Florida · Oct 7, 2019

Hunter’s report is clearly a new affirmative opinion. … But this is clearly wrong. As discussed above, Section IV of Dr.

Rotte v. United States

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

It must, however, set forth each cause of action (“Count”) separately in the form of a “short plain statement of the claim,” and must clearly indicate the nature of each cause of action; il. … Any amended complaint must include statements meeting Plaintiff's burden to establish jurisdiction through a waiver of sovereign immunity and satisfaction of jurisdictional prerequisites.

Reca v. Internal Revenue Service

District Court, S.D. Florida · May 22, 2024

Reca because the United States’ limited waiver of sovereign immunity — enshrined in 26 U.S.C. § 7609(b) — does not apply to her. See ECF No. [7-1] at 2-4. … Qualified individuals initiating proceedings to quash must do so no “later than the 20th day” after receiving notice of the challenged summons. § 7609(b)(2)(A).

Doctors General Hospital, Inc. v. Heckler

613 F. Supp. 1036 · District Court, S.D. Florida · Jul 18, 1985

Prior to October 1,1983, qualified hospitals and other Medicare providers were reimbursed, pursuant to legislation enacted by Congress, in accordance with the lesser of their “reasonable cost of services” and “customary charges … In 1983 Congress made certain additions to § 1395oo(a) which clearly contemplate two different kinds of appeal to the PRRB.

Taylor

District Court, S.D. Florida · Aug 5, 2026

has not established Article III standing. … The proposed distribution of funds also does not establish redressability.

United States v. Glover

377 F. Supp. 3d 1346 · District Court, S.D. Florida · May 1, 2019

Instead, it permits a sentence reduction within the narrow bounds established by the [Sentencing] Commission"); United States v. … It is equally clear that such facts must be established by proof beyond a reasonable doubt.' " Id.

Sierra Equity Group, Inc. v. White Oak Equity Partners, LLC

650 F. Supp. 2d 1213 · District Court, S.D. Florida · Mar 30, 2009

That determination clearly requires a decision on the merits of the case. … Stephan Co., 784 So.2d 456 (Fla. 4th DCA 2000) (“The law is well established that the economic loss rule does not bar tort actions based on fraudulent inducement.”); May v.

Cheney v. CyberGuard Corp.

213 F.R.D. 484 · District Court, S.D. Florida · Mar 7, 2003

On the other hand, Plaintiffs assert that an application of these factors clearly shows a classwide presumption of reliance is appropriate. … The cases cited by Defendants are clearly distinguishable. See e.g.,Krogman, 202 F.R.D. at 475 (weekly median trading volume of .1% did not support efficiency); Griffin v.

United States ex rel. Carrel v. Aids Healthcare Foundation, Inc.

262 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 9, 2017

The exceptions set forth in the Anti-Kickback Statute and accompanying regulations “provide immunity from prosecution for behavior that might have violated the Anti-Kickback Statute.” State v. … There, the Eleventh Circuit never analyzed whether Starks was “employed in the provision of’ covered services because it did not have to: the employee safe harbor clearly did not render the AKS vague as applied because Starks