Case law

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.

Edward Leasing Corp. v. Uhlig

652 F. Supp. 1409 · District Court, S.D. Florida · Feb 5, 1987

As its first legal ground for enforcing the lien, Plaintiff maintains that the affected property does not qualify for homestead protection under Art. … Plaintiff has notably failed to establish its entitlement to judgment as a matter of law.

Roberson v. Charles Schwab & Co., Inc.

339 F. Supp. 2d 1337 · District Court, S.D. Florida · Sep 29, 2003

But as already noted, such non-statutory arguments cannot even be taken into consideration unless it is first established by the Robersons that there was no rational basis for the award. … For example, whether or not Schwab was a “seller,” made “sales,” or was included in the phrase “every person making a sale” in the Act is clearly a matter of statutory interpretation.

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).

University Books & Videos, Inc. v. Metropolitan Dade County

33 F. Supp. 2d 1364 · District Court, S.D. Florida · Jan 19, 1999

to become effective on March 16,1996, imposes criminal and civil sanctions for sexual activity at,adult bookstores and adult video stores, in order to curb the spread of the human immunodeficiency virus (“HIV”), acquired immune … The plaintiff bears the burden clearly to establish each of the four elements. See Cafe 207, Inc. v. St. Johns County, 989 F.2d 1136, 1137 (11th Cir.1993); see also Anheuser-Busch, Inc. v.

Taveras v. Florida Department of Transportation

District Court, S.D. Florida · Feb 7, 2025

As to section (2), Taveras says that new declarations submitted from his son, wife, and himself clearly establish the merits of his case and that Saravia’s declaration, dated June 2024, constitutes newly discovered perjury … Finally, Taveras’s motion falls far short of establishing the extraordinary circumstances required under section (6) to support reconsideration.

In Re Statmaster Corporation

332 F. Supp. 1248 · District Court, S.D. Florida · May 27, 1971

We have a well-established previous body of tax law holding a non-operating trustee not liable for federal income tax. … Such would obviously be a dramatic change from prior law and clearly was not contemplated or intended by the simple change made by § 6012(b) (3) in the 1954 Revenue Code.

Zelman v. Cook

616 F. Supp. 1121 · District Court, S.D. Florida · Jul 17, 1985

The record clearly shows that at the time of the merger, Defendant Cook and Plaintiff Zelman were in an adversarial posture. … Based on this Court’s findings of fact, Zelman has failed to establish material misrepresentation and actual reliance, elements necessary to establish common law fraud. See Alna Capital Assoc. v. Wagner, supra.

In re Sagamore Partners, Ltd.

512 B.R. 296 · District Court, S.D. Florida · Feb 26, 2014

JPMCC concedes that Crescent is a Qualified Manager under the agreement. ECF No. 15 at 33. … (“HRA”), which JPMCC asserts is not qualified to manage the hotel under the Agreement. Id.

F.W.F., Inc. v. Detroit Diesel Corp.

494 F. Supp. 2d 1342 · District Court, S.D. Florida · Jun 25, 2007

There is generally no requirement that an agreement be ambiguous before evidence of trade usage or course of dealing can ,be used to establish, supplement or qualify terms or conditions of a contract. … Third, Plaintiffs also failed to proffer sufficient evidence demonstrating that usage of trade or course of dealing should be used to establish, supplement or qualify terms or conditions of the settlement agreement, or the

Breedlove v. Moore

74 F. Supp. 2d 1226 · District Court, S.D. Florida · Sep 8, 1999

In step two, the district court must decide whether the state court adjudication was contrary to clearly established Supreme Court case law or involved an unreasonable application of clearly established law. … He asserts that the clearly established law to be applied in this claim was set forth in Zant v.

Eastpointe Condominium I Ass'n v. Travelers Casualty & Surety Co.

664 F. Supp. 2d 1281 · District Court, S.D. Florida · Oct 14, 2009

claims of negligence, breach of fiduciary duty and breach of contract, this time Bursten added allegations of fiscal mismanagement, asserting that the Association failed to obtain competitive bids and failed to select a qualified … In September, 2008, the Association filed this declaratory judgment and breach of contract suit, seeking to establish Travelers’ duty to defend under the subject policy of directors and officers liability insurance.

Brown v. Florida Department of Corrections

District Court, S.D. Florida · Mar 31, 2023

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410. … State, 189 So. 3d 822, 828 (Fla. 4th DCA 2015), the court held that because the Florida Stand Your Ground Act does not establish a constitutional right, a defendant’s testimony at a pretrial immunity hearing can be introduced

Gabriel v. SLS LUX Brickell Hotel

District Court, S.D. Florida · Mar 20, 2025

“An ADA plaintiff establishes a prima facie case by showing (1) she has a disability; (2) she is a qualified individual under the ADA; and (3) the employer discriminated against her ‘on the basis of disability.’” … For purposes of § 1915, we’ll accept that he’s alleged that he’s a qualified individual.

Knoetze v. United States

472 F. Supp. 201 · District Court, S.D. Florida · Mar 16, 1979

The Magistrate sternly lectured Knoetze and clearly set the punishment as high as it was because of Knoetze’s status as a policeman. … The court deemed the plaintiff’s complaint established as to that issue.

Lanza v. City of Miami

District Court, S.D. Florida · Feb 11, 2025

In response, Plaintiff argues that it “clearly articulates Plaintiff’s theory of liability,” but does not explain what that theory of liability is or how it is clearly articulated. … City of Citronelle, 420 F.3d 1262, 1268 (11th Cir. 2005) (“To establish a defendant’s deliberate indifference, the plaintiff has to show that the defendant had (1) subjective knowledge of a risk of serious harm; and (2

Brown v. Carnival Corp.

202 F. Supp. 3d 1332 · District Court, S.D. Florida · Aug 15, 2016

It is clearly established that cruise lines owe their passengers a duty to warn of known or foreseeable dangers. Witover v. Celebrity Cruises, Inc., 161 F.Supp.3d 1139, 1146 , 2016 WL 661065 , at *3 (S.D.Fla.2016). … “[W]here a menace is ... encountered on land and [is] not clearly linked to nautical adventure,” Keefe v.

Neo-Davis

District Court, S.D. Florida · Mar 17, 2026

An “affidavit addressing the statutory language should be accepted by the court, absent a serious misrepresentation, and need not show that the litigant is absolutely destitute to qualify for indigent status under § 1915 … Coll., 77 F.3d 364, 367 (11th Cir. 1996) (“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants

Stinson v. Williams

District Court, S.D. Florida · Dec 28, 2023

“The burden is upon the movant to establish the extraordinary circumstances supporting reconsideration.” Saint Croix Club of Naples, Inc. v. QBE Ins. … Because court opinions “are not intended as mere first drafts, subject to revision and reconsideration at a litigant’s pleasure,” a motion for reconsideration must clearly “set forth facts or law of a strongly convincing

Carlson v. WPLG/TV-10, POST-NEWSWEEK STATIONS

956 F. Supp. 994 · District Court, S.D. Florida · Aug 31, 1996

Although Plaintiff may use past performance review data to establish that he was indeed qualified for the position of anchor, the Court finds that such review data is almost superfluous in light of Plaintiffs obvious qualification … Additionally, statements of his co-workers and various superiors in their depositions attest to the fact that Plaintiff was qualified for his position.