Case law

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

Arwood v. Dunn (In Re Caribbean K Line, Ltd.)

288 B.R. 908 · District Court, S.D. Florida · Dec 26, 2002

The case does not stand for the proposition, however, that the director would be immune from liability for his breach if the fraudulent transfer was not engineered for his personal benefit. … Given these findings, Dunn argues that the Bankruptcy Court clearly erred in dismissing her claim for civil theft at the pleadings stage.

Simmons v. Ford Motor Company

District Court, S.D. Florida · Jan 18, 2022

Further, a nexus clearly exists between Dr. … As Defendant notes in its Response, this point is clearly relevant as a “piece of the puzzle” to establish a lack of materiality. See Resp. at 7.

In Re Columbia Laboratories, Inc. Securities Litigation

144 F. Supp. 2d 1362 · District Court, S.D. Florida · May 9, 2001

Similarly, the statements made by Defendants regarding Crinone qualify as forward-looking statements. … The Court finds that the language accompanying these forward-looking statements qualify as meaningful cautionary language.

Cohen v. Implant Innovations, Inc.

259 F.R.D. 617 · District Court, S.D. Florida · Aug 21, 2008

As a threshold matter, the Magistrate Judge determined that Plaintiff has failed to set forth adequately defined and clearly ascertainable classes, because determining who qualified as members of each of the proposed classes … The requirements for establishing a class action under Florida law are nearly identical to the requirements for establishing a class action under Rule 23. See Fla. R. Civ. P. 1.220 (2008). .

Turner v. Wells

198 F. Supp. 3d 1355 · District Court, S.D. Florida · Jul 29, 2016

Turner clearly cared about Martin’s mental health.” PL’s Opp’n at 18. … The Court therefore need not analyze the arguments regarding the De *1381 fendants supposed mental state or whether their statements are protected by qualified privilege.

Estop v. HSBC Bank USA

District Court, S.D. Florida · Dec 13, 2022

(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 from such relief.” 28 U.S.C. § 1915(e)(2)(B); see also Mitchell … It is the plaintiff’s burden to establish a basis for the court’s jurisdiction. See Cornelius v. U.S. Bank Nat. Ass’n, 452 F.

Bannum, Inc. v. City of Fort Lauderdale

996 F. Supp. 1230 · District Court, S.D. Florida · Apr 11, 1997

Defendants filed a motion for summary judgment arguing that they were entitled to absolute, qualified and municipal immunity, and the Court granted Defendants’ motion for summary judgment. … Charles court noted that, in Bannum I, Bannum had an “established track record” in that it was operating its CTC for almost one year before the City denied Bannum a permit to operate.

Scott v. Dugger

686 F. Supp. 1488 · District Court, S.D. Florida · May 26, 1988

Death Qualified Jury Scott contends that his Sixth and Fourteenth Amendment rights were violated under Witherspoon v. … The Lockhart case clearly validates the trial court’s excusing of these jurors. j.

Lozman v. City of Riviera Beach

39 F. Supp. 3d 1392 · District Court, S.D. Florida · Aug 19, 2014

This claim did not accrue until the point in time that the City’s possession of Lozman’s floating home became wrongful, which occurred when the Supreme Court ruled that Lozman’s floating home did not qualify as a “vessel” … The motion is GRANTED, based on sovereign immunity, as to the state common law claim of battery to the extent based on the October 2009 incident described in the complaint; f.

Penn Yan Boats, Inc. v. Wollard

389 F. Supp. 1047 · District Court, S.D. Florida · Jan 23, 1975

Stuart referred to in Findings 15 to 18, supra, clearly establishes that the flared area does not have the structural and functional characteristics of a tunnel. … Further, with respect to Penn Yan’s evidence of prior art, the Court finds that the “Miss Ruth” allegedly built by Everett Williamson in 1960, would not qualify as prior art in any event since clear and convincing evidence

Israel v. Avis Rent-A-Car Systems, Inc.

185 F.R.D. 372 · District Court, S.D. Florida · Feb 8, 1999

The second requirement of Rule 23(a)(4), is that the plaintiffs’ attorneys must be “qualified, experienced and generally able to conduct the proposed litigation____” Griffin v. … These issues are clearly predominant over the only issue arguably common to the class— whether Motel 6 has a practice or policy of racial discrimination. Id. at 1006 .

Underwriters at Lloyd's v. Capri of Palm Beach, Inc.

932 F. Supp. 1444 · District Court, S.D. Florida · Apr 24, 1996

According to the Underwriters, the term “carrier” is not ambiguous and clearly encompasses only those whose primary business it is to transport property, such as air carriers and parcel delivery services. Since Mr. … Steiger qualifies as "a dealer in property of the kind insured hereunder not employed or associated with the Assured" as described in Section 2(B)(3). However, consignment salesmen such as Mr.

Montoya v. PNC Bank, N.A.

94 F. Supp. 3d 1293 · District Court, S.D. Florida · Mar 23, 2015

ASIC suggests that the lack of a private right of action alone establishes that application of RICO here would “impair” state law. … Second, Ohio courts have clearly ruled that there is no separate cause of action for breach of good faith, either as a contract claim or a tort claim.

Florida Department of Revenue v. Piccadilly Cafeterias, Inc. (In Re Piccadilly Cafeterias, Inc.)

379 B.R. 215 · District Court, S.D. Florida · Jun 26, 2006

The order scheduled an auction of Debtor’s assets, established bid and sale procedures for the auction and scheduled a hearing to approve the ultimate sale. … It is well-established “that tax-exemption and-deferral provisions are to be construed narrowly.” U.S. v. Centennial Sav. Bank FSB, 499 U.S. 573, 583 , 111 S.Ct. 1512 , 113 L.Ed.2d 608 (1991)(citing Commissioner v.

Martins v. Royal Caribbean Cruises Ltd.

216 F. Supp. 3d 1347 · District Court, S.D. Florida · Nov 3, 2016

In Feliciano , the Eleventh Circuit affirmed on interlocutory appeal an order denying the police officers’ summary judgment motion based on alleged qualified immunity. Id. at 1254 . … Moreover, a step-parent does not qualify as a “parent” under DOHSA— and can therefore recover only as a “dependent relative.” See Petition of the United States, 418 F.2d 264, 271 (1st Cir. 1969).

HORACIUS v. RICHARD

District Court, S.D. Florida · Jan 4, 2024

Even purportedly confidential documents, if relevant, are not immune from discovery. See Adelman v. Boy Scouts of Am., 276 F.R.D. 681, 692 n.5 (S.D. Fla. 2011); Fed. R. Civ. … Although Respondent has chosen not to consent to disclosure of the requested documents, the documents are clearly relevant to this federal court proceeding. Il.

Delta Air Lines, Inc. v. Reed (In re Subpoena Duces Tecum)

191 B.R. 476 · District Court, S.D. Florida · Apr 17, 1995

Reed, claiming a qualified privilege, refused to answer any questions about his acquisition of the Marcus letter and failed to produce any documents responsive to Delta’s subpoena. … Delta argues that Reed should be compelled to reveal his source because Delta established all three elements for overcoming Reed’s privilege.

State of Wisconsin Investment Board v. Plantation Square Associates, Ltd.

761 F. Supp. 1569 · District Court, S.D. Florida · Apr 6, 1991

Specifically, the Court held: Section [768.72] is clearly substantive because it sets the standard for establishing a claim for punitive damages. … The Court in Tennant did qualify its holding by allowing defendants to obtain protective orders preventing disclosure where they could establish that no "actual factual basis" yet existed for punitive damages. Id.

Pacific Mut. Life Ins. v. Cunningham

54 F.2d 927 · District Court, S.D. Florida · Jan 5, 1932

The evidence establishes that Dr. Cunningham is a practicing physician, who for twenty years had specialized in X-ray work. For three or four years, or possibly longer, prior to March, 1929, Dr. … “Practitioner,” as used in this question, means one who holds himself out as qualified and willing to diagnose or treat diseases, ailments, and bodily injuries.