Case law

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 .

Rexam Airspray, Inc. v. Arminak

471 F. Supp. 2d 1292 · District Court, S.D. Florida · Jan 26, 2007

Arminak, Inc. is not qualified, registered or licensed to do business in Florida. Id. Arminak, Inc. does not conduct substantial business activity in Florida. (Id. at ¶ 7.) 26. … Stat. § 48.193 , is strictly construed and the party invoking jurisdiction has the burden of pleading and proving facts which clearly justify the exercise of personal jurisdiction.

Schneider v. NBC News Bureaus, Inc.

801 F. Supp. 621 · District Court, S.D. Florida · Sep 19, 1991

The sound technician is responsible for clearly recording the sound accompanying the picture for reproduction on television. … Schneider has failed to establish discrimination in any condition of employment at NBC during the period of her employment and has failed to establish discriminatory intent by a preponderance of the evidence. 7 Disparate

K.G. ex rel. Garrido v. Dudek

839 F. Supp. 2d 1254 · District Court, S.D. Florida · Nov 1, 2011

Code R. 59G-4.050 excluding ABA coverage for qualified Medicaid recipient under the age of 21 violates the federal Medicaid Act. … In sum, the public interest clearly supports the issuance of an injunction. II.

Harris v. Department of Homeland Security

18 F. Supp. 3d 1349 · District Court, S.D. Florida · May 8, 2014

. § 1431 (a), he did not qualify as a “child” as defined by the Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq. (“INA”). Id. at 4, ¶ 20 . … Rather, the APA prescribes standards for judicial review of an agency action, once jurisdiction is otherwise established.” (internal citations omitted)).

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.

Russell v. American Eagle Airlines, Inc.

46 F. Supp. 2d 1330 · District Court, S.D. Florida · Apr 21, 1999

First, a plaintiff bears the burden of establishing a prima facie case, i.e., the establishment of a legally mandatory, rebuttable presumption, rather than simply putting forth enough evidence to permit a trier of fact to … Green. 37 In order to establish a prima-facie case under McDonnell Douglas, a plaintiff must show that: (i) he is a member of protected minority; (ii) he was qualified; (iii) he was subjected to an adverse employment action

Taylor

District Court, S.D. Florida · May 1, 2026

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410. … Accordingly, the state court’s denial of this claim was not contrary to, or an unreasonable application of, Doyle or any other clearly established Supreme Court precedent.

3637 Corp. v. City of Miami

314 F. Supp. 3d 1320 · District Court, S.D. Florida · May 9, 2018

Pullman Co. , 312 U.S. 496 , 61 S.Ct. 643 , 85 L.Ed. 971 (1941) ( see id. 18-20); (4) the Complaint should be dismissed as to Cejas on the basis of qualified immunity ( see id. 22-24); (5) Count VII alleging perjury by Cejas … Spokeo , 136 S.Ct. at 1548-49 (internal *1331 quotation marks and citations omitted) (explaining intangible violations such as restricting free speech can qualify as concrete harms).

Lofton v. Kearney

157 F. Supp. 2d 1372 · District Court, S.D. Florida · Aug 30, 2001

As a threshold matter, the Court recognizes that a family can be established by more than mere biological ties. … The correspondences between Defendants and Lofton clearly indicate that Defendants were well aware of Lof-ton’s sexuality. (See Dep. of Steven Lofton, Ex. 1 to Defs.’ Concise Statement at 151.)

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.

Breakers of Palm Beach, Inc. v. International Beach Hotel Development, Inc.

824 F. Supp. 1576 · District Court, S.D. Florida · Jun 15, 1993

Diane Fairchild, has received at least three faxes dui'ing her four years of employment from persons who were clearly attempting to communicate with Plaintiff. Ms. … The other evidence indicates clearly Defendant offers hotel — type services.

Edwards v. Niles Sales & Service, Inc.

439 F. Supp. 2d 1202 · District Court, S.D. Florida · Jun 27, 2006

“A plaintiff establishes a prima facie case of disparate treatment by showing that she was a qualified member of a pro *1215 tected class and was subjected to an adverse employment action in contrast with similarly situated … Defendants do not dispute that Plaintiff was a qualified member of a protected class.

Burger King Corp. v. Agad

911 F. Supp. 1499 · District Court, S.D. Florida · Sep 29, 1995

This advance notice period will afford the franchisee ample time and opportunity to recoup the full value of the franchised business through sale to a qualified successor. … Furthermore, BKC clearly indicated that it would not accept payments for Restaurant 171 after December 30, 1994.

Pastor v. Union Central Life Insurance

184 F. Supp. 2d 1301 · District Court, S.D. Florida · Feb 6, 2002

First, it is important to note that Fla.Stat. § 624.11(1) qualifies the governance of the Insurance Code with the *1307 phrase “the applicable provisions of this code.” … Section 624.11(1) does not “clearly and plainly specify” that the legislature intended to abrogate the common law lex loci contractus rule.

Andrx Pharmaceuticals, Inc. v. Biovail Corp.

175 F. Supp. 2d 1362 · District Court, S.D. Florida · Sep 19, 2001

Turning next to the claim of attempted monopolization, Biovail argues that it has patent immunity to this antitrust claim and Andrx has failed to define the proper market. … to the FDA was deemed inadequate by the FDA; and, fourth, that Biovail’s admission that it changed the formulation of the approved drug, Tiazac, means that Biovail improperly listed the ’463 patent and therefore cannot qualify

Ulysse-Ottey v. Axiom Law

District Court, S.D. Florida · May 14, 2025

To establish a prima facie case of Title VII discrimination, Plaintiff must show (1) she belongs to a protected class; (2) she was qualified to do the job; (3) she was subjected to some adverse employment action; and (4 … Although Plaintiff has alleged that she is a member of a protected class who was qualified for her position and suffered an adverse employment action, Plaintiff’s factual allegations do not sufficiently—or, at least, clearly

Moyer v. Klosters Rederi

645 F. Supp. 620 · District Court, S.D. Florida · Sep 26, 1986

Moreover, Defendants’ Motion for Partial Summary Judgment does not depend upon the Court’s establishing as undisputed the fact that decedent’s death actually occurred at sea; Defendants seek only to establish that the injury … Indeed, an accident relating solely to a shore-based snorkeling expedition might not qualify for admiralty jurisdiction under the Executive Jet Aviation rule.

Pride Family Brands, Inc. v. Carl's Patio, Inc.

992 F. Supp. 2d 1214 · District Court, S.D. Florida · Jan 14, 2014

Swisa, Inc., 543 F.3d 665, 670 (Fed.Cir.2008), the Supreme Court established in Gorham Mfg. Go. v. … Trade publications may be established as reliable authority and excepted from the general prohibition against hearsay evidence. Fed. R.Evid. 803(18).

Dada v. Campbell

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

T-Mobile USA, Inc., 564 F.3d 1256, 1272 (11th Cir. 2009) (“For a breach of contract claim, Florida law requires the plaintiff to plead and establish: (1) the existence of a contract; (2) a material breach of that contract … Claims that are based on meritless legal theories include, for example, “claims against which it is clear that the defendants are immune from suit, ... and claims of infringement of a legal interest which clearly does not