Case law

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.

Barnes v. Ethan Allen, Inc.

356 F. Supp. 2d 1306 · District Court, S.D. Florida · Feb 15, 2005

The stringent burden of establishing the absence of a genuine issue of material fact lies with the moving party. Celotex Corp. v. Catrett, 477 U.S. 317, 323 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). … Thus, neither the January 14 note nor the March 23 note legally qualify as a valid fitness-for-duty certification. Plaintiff relies upon Albert v.

Gastaldi v. Sunvest Resort Communities, LC

709 F. Supp. 2d 1299 · District Court, S.D. Florida · Mar 4, 2010

Faced with no adequate explanation in the report, deposition, or at oral argument, the Court can only conclude that the Plaintiffs have failed to meet their burden of establishing the reliability of the methodology O’Rourke … Indeed, a clearly defined “delivery” date is present in most cases brought under the FDUTPA.

Gomez v. The City of Miami

District Court, S.D. Florida · Sep 29, 2023

Ortiz responds that these “conclusory allegations” are insufficient to withstand dismissal and, alternatively, that he is entitled to qualified immunity.7 (DE 66 at 6, 10–12.) … Ortiz, the Court need not reach Ortiz’ qualified immunity argument. 8 In place of meaningfully responding to this argument with facts or case authority, Plaintiff’s Response copies and pastes over

Williams v. Florida Department Of Revenue

District Court, S.D. Florida · Apr 6, 2023

to dismiss a case at any time if the court determines that the action (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 … In determining whether to grant such relief, the Court must be satisfied that the requirement of poverty is established. Id. at 1307.

Young v. West Publishing Corp.

724 F. Supp. 2d 1268 · District Court, S.D. Florida · Jul 20, 2010

However, in light of the discussion above, these allegations fall substantially short of establishing standing. … Clearly, such result was not the intent of the DPPA.

Mims v. Global Credit & Collection Corp.

803 F. Supp. 2d 1349 · District Court, S.D. Florida · Aug 12, 2011

LEGAL STANDARD The Federal Arbitration Act (“FAA”) establishes a general federal policy favoring arbitration. See Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 217-18 , 105 S.Ct. 1238 , 84 L.Ed.2d 158 (1985). … The Court cannot conclude the parties clearly intended to benefit Global when executing the Agreement and the accompanying arbitration clause.

Sovereign Military Hospitaller Order v. Florida Priory of Knights Hospitallers of the Sovereign Order

816 F. Supp. 2d 1290 · District Court, S.D. Florida · Sep 29, 2011

It is understood that our Order shall be open to qualified individuals of all recognized Christian denominations. (D. Ex. 57.) … The Court’s own research indicates that there are numerous Orders that use this type of terminology in their names. 14 Moreover, the Florida Priory clearly states on its website that it is not SMOM.

Pringle v. Caner, M.D.

District Court, S.D. Florida · Feb 5, 2024

Nonetheless, under § 1915(e)(2)(B)(i), courts may dismiss as frivolous claims that are “based on an indisputably meritless legal theory” or “whose factual contentions are clearly baseless.” Neitzke v. … The allegations are insufficient to establish a constitutional violation by Dr. Caner. As alleged by Plaintiff, Dr. Caner has provided medical care and treatment.

Willingham v. Secretary of Health, Education & Welfare

377 F. Supp. 1254 · District Court, S.D. Florida · Jun 25, 1974

Some relevant evidence, if credited by the law judge, would more clearly have met the substantial evidence test this court must apply than no evidence at all. … application for benefits within fourteen months of the end of a continuous period of disability which began when she met the program’s eligibility requirements. 28 We are told that plaintiff’s claimed disability did not qualify

Caron Foundation of Florida, Inc. v. City of Delray Beach

879 F. Supp. 2d 1353 · District Court, S.D. Florida · May 4, 2012

City of Treasure Island, 544 F.3d 1201 (11th Cir.2008), the City applied an old transient use ordinance predating the plaintiffs establishment in order to prevent continued use of a house as a group home. … Fulton County, 466 F.3d 1276, 1285 (11th Cir.2006), for the proposition that a city employee’s racist comment does not establish that a board member in the decisionmaking body acted with discriminatory intent.

Metropolitan Life Insurance v. Metropolitan Insurance Premium Finance Corp.

264 F. Supp. 507 · District Court, S.D. Florida · Nov 30, 1966

, and exhibits, and has utilized other means of communication, on various subjects dealing with human health and safety, in connection with all of which the corporate and trade name “METROPOLITAN LIFE INSURANCE COMPANY” clearly … Among the personnel in said Health and Welfare Division are several professional persons, highly trained and qualified in the field of health and safety, who are continuously in touch directly and indirectly, through accredited

Fleuranville

District Court, S.D. Florida · Jan 6, 2026

Defendants moved collectively to dismiss the Complaint as having been barred by the doctrine of qualified immunity. … The “fee applicant bears the burden of establishing entitlement and documenting the appropriate hours and hourly rates.” ACLU of Ga. v.

Nachwalter v. Christie

611 F. Supp. 655 · District Court, S.D. Florida · Jun 12, 1985

the Vested Account Balance to the Participant, Then the Vested Amount standing to credit of his account shall be retained as follows: (4) (See Article XII, Section 12.15 for roll-over transfers of such interest to other qualified … The statute clearly and expressly requires that each plan shall “provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan.” ( 29 U.S.C. § 1102 (b)(3)).

Capeletti Bros. v. Metropolitan Dade County

735 F. Supp. 1040 · District Court, S.D. Florida · Apr 13, 1990

During the Status Conference, the Court established certain schedules and accelerated the date upon which the final hearing on this cause was to commence. … Croson clearly modifies the analysis lower courts must apply when reviewing the constitutionality of affirmative action plans.

Gables Insurance Recovery v. United Healthcare Insurance

39 F. Supp. 3d 1377 · District Court, S.D. Florida · Aug 8, 2013

GIR disagrees, arguing United has failed to establish both scope and standing. (See generally Reply). … Plaintiffs [c]omplaint clearly implicates separate legal duties from those found under ERISA ...

Quantachrome Corp. v. Micromeritics Instrument Corp.

97 F. Supp. 2d 1181 · District Court, S.D. Florida · May 23, 2000

Art that is not accessible for public knowledge does not qualify as prior art for a determination of obviousness. See OddzOn Products, Inc. v. Just Toys, Inc., 122 F.3d 1396, 1402 (Fed.Cir.1997). … The Court likewise finds that the 1979 drawing and the 1991 Ultrapycnometer drawings do not qualify as relevant prior art.

Santiago Milian v. State of Florida

District Court, S.D. Florida · Mar 23, 2026

“It is the petitioner’s burden to establish his right to habeas relief and he must prove all facts necessary to show a constitutional violation.” Blankenship v. … reference state-court documents that “raised more than the four boilerplate contentions expressed on the form petition,” the district court “easily could have, and should have, ordered [the petitioner] . . . to articulate clearly

Philippeaux v. Miami Apartments Investors, LLC

District Court, S.D. Florida · Jun 20, 2023

“[A] plaintiff may establish racial discrimination directly or circumstantially.” Ziyadat v. Diamondrock Hosp. Co., 3 F.4th 1291, 1296 (11th Cir. 2021). … Defendants contend that subsections one and two are clearly not supported by the allegations in the Complaint.

Smith v. Batts

District Court, S.D. Florida · May 9, 2023

A district court may conclude a case is [frivolous] when it determines from the face of the complaint that the factual allegations are clearly baseless or the legal theories are indisputably meritless.” … “To establish a claim under 42 U.S.C. § 1983, a plaintiff must prove (1) a violation of a constitutional right, and (2) that the alleged violation was committed by a person acting 1 Smith names Dr.