Case law

Santos v. Cuba Tropical, Inc.

829 F. Supp. 2d 1304 · District Court, S.D. Florida · Nov 7, 2011

Even this claim, however, fails, as Rodriguez clearly states that he did not give anyone orders or tell anyone what to do, and no evidence suggests any relationship to the contrary, including testimony of other managers and … The undersigned notes that the record evidence detailed above has established that Mr.

The Farmworker Association of Florida, Inc. v. Attorney General of the State of Florida

District Court, S.D. Florida · Dec 21, 2023

To establish standing under Article III of the U.S. … Sovereign Immunity The Governor also says that “Eleventh Amendment sovereign immunity bars Plaintiffs’ claims against [him].” Motion to Dismiss at 2.

United States v. One Single Family Residence Located at 15526 69th Drive N., Lake Park

778 F. Supp. 1215 · District Court, S.D. Florida · Nov 27, 1991

The issue was whether the claimant/owner qualified under the “Innocent Owner” exception of sub-section 7. FACTS OF THE CASE The case is reasonably unique for a number of reasons. … The Sixth Circuit’s holding as to what it takes to establish an “innocent owner” is simply that the claimant establish by preponderancé of the evidence that the “proscribed act was committed ‘without the knowledge or consent

Hialeah, Inc. v. Florida Horsemen's Benevolent & Protective Ass'n

899 F. Supp. 616 · District Court, S.D. Florida · Aug 25, 1995

First, Plaintiff Hialeah has clearly alleged in its Second Amended Complaint that it will suffer economic injury from Defendants’ refusal to give consent to simulcasting for betting purposes. … Initially, the Court recognizes that the IHA provides no immunity to any party from federal antitrust law, nor does the legislative history indicate that this was Congress’s intent: The legislative history further provides

Movie & Video World, Inc. v. Board of County Commissioners

723 F. Supp. 695 · District Court, S.D. Florida · Oct 11, 1989

The ordinance clearly defines who is to be considered an operator. … Immunity from Prosecution.

United States v. City of Palm Beach Gardens

466 F. Supp. 1155 · District Court, S.D. Florida · Jan 17, 1979

On page two of the request to establish eligibility there is an indication that the hospital operating under the name of Palm Beach Gardens Community Hospital, was a proprietary hospital with the ownership in the name of … It is clearly contemplated as a potential liability.

Fruit of the Loom v. Arawak Caribbean Line Ltd.

126 F. Supp. 2d 1337 · District Court, S.D. Florida · Oct 23, 1998

All exceptions, exemptions, defenses, immunities, limitations of liability, privileges and conditions granted or provided by this Bill of Lading, applicable tariff, or by COGSA or by any applicable statute for the benefit … The parties to a bill of lading may extend a contractual benefit to a third party by clearly expressing their intent to do so. Robert C. Herd and Co. v.

Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc.

391 F. Supp. 2d 1148 · District Court, S.D. Florida · Jan 5, 2005

To establish a claim for unfair competition, Florida law “requires that [plaintiff] establish deceptive or fraudulent conduct of a competitor and likelihood of consumer confusion.” Donald Frederick Evans and Assoc. v. … After doing so, the court concluded that “the plain language clearly precludes common law claims based on a theory of misappropriation of trade secrets.

Roe v. Butterworth

958 F. Supp. 1569 · District Court, S.D. Florida · Mar 10, 1997

Such circumspection is dictated by the nature of the government the Constitution established. … Georgia, 394 U.S. 557 , 89 S.Ct. 1243 , 22 L.Ed.2d 542 (1969), the Court has also made clear that the privacy of one’s home does not render an individual immune from prosecution. Bowers v.

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.

Causey v. Royal Caribbean Cruises, LTD.

District Court, S.D. Florida · Sep 24, 2020

Williams, 490 U.S. 319, 327 (1989); when the claims rely on factual allegations which are “clearly baseless,” Denton v. … To establish a maritime negligence claim, a cruise passenger must establish “(1) the defendant had a duty to protect the plaintiff from a particular injury, (2) the defendant breached that duty, (3) the breach actually

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.

Mystique, Inc. v. 138 International, Inc.

601 F. Supp. 2d 1320 · District Court, S.D. Florida · Feb 12, 2009

Thus Mystique had clearly acquired all trade identity rights in the mark before Defendant’s first use. … This is not to say that Defendant’s importation documents are sufficient to qualify as “bona fide sales” but rather it is in the interest of making every possible inference on their behalf.

Louis v. Nelson

646 F. Supp. 1300 · District Court, S.D. Florida · Oct 1, 1986

Plaintiffs clearly accomplished the primary goals of the lawsuit, which were to stop the mass exclusion hearings being held without counsel, to enforce the rule of law through the Administrative Procedure Act, to establish … By the Court’s estimate, forty percent (40%) of counsel’s time was spent on clearly non-equal protection matters.

United States v. Baldwin

592 F. Supp. 149 · District Court, S.D. Florida · Apr 17, 1984

The court pointed out that this type of conduct would have been clearly punishable as criminal contempt under 18 U.S.C. 401(3). … The amount claimed by Jackson is nearly twice the limitation under the guidelines established by the reviewing courts of appeal for fees under the Criminal Justice Act.

Florida Nursing Home Ass'n v. Paige

596 F. Supp. 1152 · District Court, S.D. Florida · Aug 1, 1984

Thus, the Court established that a state may be sued in federal court for prospective injunctive relief. … Richardson, 403 U.S. 365 , 91 S.Ct. 1848 , 29 L.Ed.2d 534 (1971), for example, suit was brought in federal court to enjoin two states from denying welfare benefits to otherwise qualifying aliens.

Holladay v. Royal Caribbean Cruises, Ltd.

District Court, S.D. Florida · Jan 22, 2020

Third, the party claiming work product immunity always has the burden to establish the claimed protection. Hinchee, 741 F.3d 1185 at 189; Milinazzo, 247 F.R.D. at 698. … Nev. 1980) (in-house report about crash did not qualify as a work product document); cf. Durling v. Papa John’s Int’l, Inc., No. 16 Civ. 3592, 2018 WL 557915, at *7 (S.D.N.Y.

Mais v. Gulf Coast Collection Bureau, Inc.

944 F. Supp. 2d 1226 · District Court, S.D. Florida · May 8, 2013

He has not directly, clearly, and unmistakably stated that the creditor may call him, and so he has not given “express consent.” … Legal Analysis For the reasons set forth below, this Court finds that its summary judgment ruling qualifies for certification under section 1292(b).

Emery v. American Airlines, Inc.

56 F. Supp. 3d 1284 · District Court, S.D. Florida · Oct 20, 2014

[sic] continues to receive qualified medical care consistent with the nature of the illness or injury that gives rise” to the disability. 28 *1297 Specifically, Dr. … In the first version of the WME report, the doctors clearly found that Emery was not disabled other than “if the administration of [Zoloft] prevents the pilot from performing her duties.” AA665.

Edwards v. Safety-Kleen Corp.

61 F. Supp. 2d 1354 · District Court, S.D. Florida · Sep 7, 1999

Pursuant to Rule 702 of the Federal Rules of Evidence, If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Clearly, therefore, it would be inappropriate for Dr. Agha to conclude that the decedent’s MDS was in fact caused by benzene exposure, and the Court will not permit such speculative testimony. The Court shall permit Dr.