Case law

Gonzalez v. Florida Department of Highway Safety & Motor Vehicles, Division of Florida Highway Patrol

237 F. Supp. 2d 1338 · District Court, S.D. Florida · Feb 6, 2002

Clearly, the Plaintiff can not meet the high burden established in Davis . … Diaz was eventually transferred to Miami-Dade County she clearly can not meet the high burden established in Davis . Additionally, Ms.

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.

Waters v. Officer Calderon

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

Clearly, lawful survivors may recover damages for the wrongful death of a decedent. But the estate is the only party that can file suit. … employee is immune, the claimant’s sole remedy is against the governmental entity. Id.

Group Health Inc. v. Schweiker

549 F. Supp. 135 · District Court, S.D. Florida · Sep 23, 1982

Apparently the defendants established a Transition Committee to implement the defendant Thompson’s decision to “nonrenew” GHI’s agreement. … Congress specifically waived sovereign immunity when it established the Court of Claims and vested .in that court jurisdiction over actions ex contractu against the United States, but limited that waiver by giving that court

Eli Lilly & Co. v. Air Express International USA, Inc.

602 F. Supp. 2d 1260 · District Court, S.D. Florida · Mar 10, 2009

This Court finds that the Liability Limitation clearly and unambiguously establishes that DHL’s liability is limited to two times the total fees payable to DHL for the duration of the Service Agreement. … Therefore, Scheer is qualified to testify concerning the documentation that accompanies shipments of pharmaceuticals from the Fegersheim plant.

Perlman v. Wells Fargo Bank, N.A.

830 F. Supp. 2d 1308 · District Court, S.D. Florida · Nov 22, 2011

While there is some disagreement as to whether routine banking services can ever qualify as substantial assistance, the Court finds that the relative ordinariness of a transaction has no bearing on whether the transaction … While the Receiver has attempted to draw distinctions based on whether the Bank qualifies as an “initial transferee,” the similarity of the relationship between the bank and the entities in Freeman v.

United States v. Fernandez-Morris

99 F. Supp. 2d 1358 · District Court, S.D. Florida · Jul 19, 1999

Familial relationships are clearly insufficient, in and of themselves, to establish probable cause. … Such protections have clearly been denied in this instance. The trial was no less a travesty.

Lyons v. Miami-Dade County

791 F. Supp. 2d 1221 · District Court, S.D. Florida · Jun 3, 2011

“To establish a prima facie case of discrimination under the ADA, a plaintiff must show: (1) he is disabled; 4 (2) he is a qualified individual; and (3) he was subjected to unlawful discrimination because of his disability … The Court's scheduling order, which clearly set forth the discovery deadline, was issued on December 27, 2010.

Louis v. Nelson

624 F. Supp. 836 · District Court, S.D. Florida · Dec 6, 1985

Instead, INS issued general instructions to its field officers to start detaining excludable aliens who do not establish a prima facie claim for admission. Louis v. Nelson, 544 F.Supp. at 981. … This Court rejected the government’s claims in its opinion, finding that the change in policy was “clearly” a rule subject to the rulemaking requirements of the APA. Louis v. Nelson, 544 F.Supp. at 997.

Love v. Allstate Insurance Company

District Court, S.D. Florida · Oct 7, 2022

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 … However, even under the liberal construction afforded to pro se litigants, the complaint must establish a valid cause of action. See Petersen v. Smith, 762 F. App’x 585, 593 (11th Cir. 2019).

Garcia v. Santa Maria Resort, Inc.

528 F. Supp. 2d 1283 · District Court, S.D. Florida · Nov 15, 2007

To qualify as “strong” within the intendment of § 21D(b)(2), we hold, an inference of scienter must be cogent and at least as compelling as any opposing inference of nonfraudulent intent. 127 S.Ct. at 2504-5 (other quotations … Here, the Purchase Contracts clearly relate to — and, indeed, directly contradict— Plaintiffs’ misrepresentation claims.

Addison Insurance Co. v. 4000 Island Boulevard Condominium Ass'n

263 F. Supp. 3d 1266 · District Court, S.D. Florida · Dec 23, 2016

As such, because the underlying litigation is ongoing' and no liability has been established, the Court finds that a determination of Addison’s duty to indemnify is premature at this juncture. IV. … In its order, the Court noted that there were outstanding questions of fact that directly implicated the duty to defend, specifically citing the Parties’ dispute regarding whether Poma qualified as an additional insured under

Lopez v. City of Opa-Locka

District Court, S.D. Florida · Sep 17, 2024

True, the court broadly stated, “there was clearly no legislative intent to hold the state vicariously liable by enactment of section 768.28.” Id. … “Claims for negligent training are typically barred by sovereign immunity because a decision regarding how to train officers and what subject matter to include in the training is clearly an exercise of governmental discretion

MacK v. Unum Life Insurance Co. of America

471 F. Supp. 2d 1285 · District Court, S.D. Florida · Jan 16, 2007

Plaintiffs approach to caring for his diabetes, may well be his sincere belief, but that belief, contains two fatal flaws: (1) it does not satisfy the clearly stated condition precedent in the Policy that he obtain appropriate … In order to establish what appropriate treatment would be, the logical step is to turn to the treating physician’s standard of care for diabetes.

Haitian Refugee Center v. Civiletti

503 F. Supp. 442 · District Court, S.D. Florida · Jul 2, 1980

Interviewers must be able to establish a relationship of trust with the respondent. … She never found a “clearly meritorious” claim. It has already been established that those decisions were not based on sufficient information. Further abuses have been alleged.

Fick v. Metropolitan Life Insurance

347 F. Supp. 2d 1271 · District Court, S.D. Florida · Nov 11, 2004

Summary Judgment Standard The procedure for disposition of a summary judgment motion is well established. … Additionally, there was a functional capacity evaluation conducted during the administrative process, which clearly demonstrated that Plaintiff was no longer disabled.

Hierrezuelo v. LC Health Management LLC

District Court, S.D. Florida · Nov 10, 2022

Although it has not been settled whether a recommendation for remand qualifies as a dispositive pretrial matter, the Court has undertaken a de novo review of the Defendant’s objections. See, e.g., 32 Am. … The Defendant is clearly misguided.

Frazier Ex Rel. Frazier v. Alexandre

434 F. Supp. 2d 1350 · District Court, S.D. Florida · May 31, 2006

Less than two years ago, the Eleventh Circuit held the law to be clearly established in this area so as to deny individual school personnel a claim of qualified immunity and subject them to personal liability *1365 for punishing … Holloman, 370 F.3d at 1278-78 (right to remain seated and silent during the pledge of allegiance, as well as right to silently raise fist during the pledge, is clearly established).

MARTINEZ v. United States

District Court, S.D. Florida · Jun 12, 2023

The plea agreement clearly provided that the statutory minimum for Martinez’s offense was 10 years, up to a maximum of life imprisonment. DE 7 at Ex. 2 ¶ 4. … Martinez argues that simply because the 96-month sentence is above the guideline range, he has established prejudice. DE 10 at 5; DE 8 at 3-4.

MAZILE v. Larkin University Corp.

District Court, S.D. Florida · Jul 22, 2024

“To establish a prima facie case of disability discrimination under the ADA, a plaintiff must show that [s]he: (1) is disabled, (2) is a qualified individual, and (3) was subjected to unlawful discrimination because of … The standard to state a discrimination claim under the RA is the same used for ADA discrimination: to establish a prima facie case, “the plaintiff must demonstrate that [s]he (1) is disabled, (2) is a qualified individual