Case law

Wistar v. Raymond James Fin. Servs., Inc.

365 F. Supp. 3d 1266 · District Court, S.D. Florida · Dec 31, 2018

Instead, these Customers *1268 were charged a single "Advisory Fee" based on the total value of the qualifying assets in their Passport Accounts. Id. … In their Response, Plaintiffs contend that the SAC clearly alleges which provisions of the Passport Agreement they claim Raymond James breached. ECF No. [53], at 5.

Sun-Sentinel Co. v. United States Department of Homeland Security

431 F. Supp. 2d 1258 · District Court, S.D. Florida · Apr 14, 2006

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). … FEMA asserts that the remaining e-mails that were either redacted and/or withheld qualify under Exemption 5 as deliberative process privilege.

Lindemann

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

. §§ 2671–2680 (“FTCA”), and the FTCA does not waive sovereign immunity for intentional torts like defamation. Id. at 3–5. … In short, Labbat clearly acted on behalf of a federal agency. Id.

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.

Equal Employment Opportunity Commission v. Complete Dewatering, Inc.

16 F. Supp. 2d 1362 · District Court, S.D. Florida · Apr 23, 1998

A closer inspection of the record, however, clearly contradicts this conclusion. Winnemore’s employment record reflects that his employment ended on March 30, 1990. … outside the protected class; and (4) he was qualified for the position for which he was rejected.

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.

Valle v. First National Collection Bureau, Inc.

252 F. Supp. 3d 1332 · District Court, S.D. Florida · May 16, 2017

Alleged Violations of the FDCPA “In order to prevail on an FDCPA claim, Plaintiff must establish that: (1) he was the object of collection activity arising from consumer debt; (2) Defendant qualifies as a ‘debt collector’ … The Defendant does not dispute that the Plaintiff was the object of collection activity arising from consumer debt, or that the Defendant qualifies as a debt collector under the FDCPA.

Howell v. Richmond

District Court, S.D. Florida · Sep 5, 2023

He remained stationary near the waterline among shrubs or mangroves and clearly visible to the Defendants. Id. ¶ 8. At no time did Plaintiff make any threat by word or act of violence toward the Defendants. Id. ¶ 9. … Melo, 502 U.S. 21, 25 (1991) (“[T]o establish personal liability in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.”)

James v. Wash Depot Holdings, Inc.

489 F. Supp. 2d 1336 · District Court, S.D. Florida · May 14, 2007

L.Ed.2d 648 (1978) (“a plaintiff should not be assessed his opponent’s attorney’s fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly … “The only basis to disallow an award of attorney’s fees is if the court determines the qualifying offer was not made in good faith.” Id.; see also McMahan v. Toto, 311 F.3d 1077, 1083 (11th Cir.2002).

Jovine v. Abbott Laboratories, Inc.

795 F. Supp. 2d 1331 · District Court, S.D. Florida · Apr 12, 2011

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 … Plaintiff also alleges that "the packaging of Similac products promotes their use to build 'immune support,' 'strong bones,’ and healthy 'brain and eyes.’ ” Id. ¶ 14 .

Century Surety Co. v. Seductions, LLC

609 F. Supp. 2d 1273 · District Court, S.D. Florida · Mar 24, 2009

The Aranas maintain that the Assault and Battery Endorsement is not applicable to their negligence claims because the Policy’s definition of “assault” qualifies it as an *1277 “intentional” tort, not a negligent act. … Century disagrees and asserts that medical expense coverage is clearly limited to $2,000.

Sabeta v. Baptist Hospital of Miami, Inc.

410 F. Supp. 2d 1224 · District Court, S.D. Florida · Feb 23, 2005

This well established presumption is grounded in the elementary proposition that the principal function of a legislature is not to make contracts, but to make laws that establish the policy of the state. National R.R. … In addition, there clearly is no private remedy, which according to Alexander is determinative of whether a cause of action exists.

Lindner v. BiscayneAmericas Advisers L.L.C.

214 F. Supp. 3d 1307 · District Court, S.D. Florida · Oct 3, 2016

Accordingly, the clauses clearly provide for exclusive venue in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. 5 Moving on, the clauses are mandatory. … Plaintiff fails to meet his burden to establish transfer is unwarranted. The Court does not consider Plaintiffs discussion of the parties’ private interests.

Gaisser v. Portfolio Recovery Associates, LLC

571 F. Supp. 2d 1273 · District Court, S.D. Florida · Aug 5, 2008

‘Absolute immunity must be afforded to any act occurring during the *1280 course of a judicial proceeding ... so long as the act has some relation to the proceeding.’ ” Echevarria, McCalla, Raymer, Barrett & Frappier v. … The filing of the state suit clearly relates to a judicial proceeding and therefore cannot form the basis of Plaintiffs FCCPA claim against Orovitz. Accordingly, the FCCPA claim against Orovitz is dismissed. IV.

United States v. Eighty-Eight (88) Designated Accounts Containing Monies Traceable to Exchanges for Controlled Substances

740 F. Supp. 842 · District Court, S.D. Florida · Jun 15, 1990

These allegations are clearly inadequate to meet the requirements of Rule E(2). … Establishment v.

United States v. Clark

165 F. Supp. 3d 1215 · District Court, S.D. Florida · Feb 25, 2016

, to not be credible in light of the other evidence to the contrary, defendant’s longstanding pattern of behavior and the self-serving statements defendant made during his trial testimony in this case for which the jury clearly … P. 32.2(e)(1), to amend this Order to include property that is subject to forfeiture that was located and identified after the entry of this Order; or is substitute property that qualifies for forfeiture under an applicable

Connolly v. Florida Department of Corrections

District Court, S.D. Florida · Sep 27, 2024

A state court’s decision involves an “unreasonable application of clearly established Federal law” if the state court correctly identifies the governing legal principle from the Supreme Court’s decision … Moreover, the affidavit is clearly inadmissible hearsay.

Jarro v. United States

835 F. Supp. 625 · District Court, S.D. Florida · May 29, 1992

No. 1708, 89th Cong., 2d Sess., reprinted in 1966 U.S.Code Cong. & Admin.News 3722, 3751 [hereinafter “Senate Report”] Section 7426(a)(1) provides for a limited waiver of the United States’ sovereign immunity under certain … Whatever the requirements for injunctions in the other explicit exceptions to the -anti-injunction statute, section 7426 clearly requires irreparable injury to rights in the property. Ketcham, 783 F.Supp. at 519 .

In re Amerifirst Securities Litigation

139 F.R.D. 423 · District Court, S.D. Florida · Aug 8, 1991

As the original complaint in this action was filed on November 22, 1989, it clearly was commenced within one year after discovery of the facts constituting the alleged Rule 10b-5 violation. … However, as noted by other courts, the typicality requirement of (a)(3) clearly overlaps with the requirement that the named plaintiffs adequately represent the class.

Blue Chip Alliance, LLC v. CHETU, Inc.

District Court, S.D. Florida · Jan 8, 2025

The proponent of expert testimony bears the burden of establishing qualification, reliability, and helpfulness by a preponderance of the evidence. Hendrix ex rel. G.P. v. Evenflo Co. … Of course, whether the HLD or DDD or any other document was actually “provided to The Man Shop” or not must be established by a fact witness. The part of Opinion 6, however, where Mr.