Case law

Finn v. Kent Security Services, Inc.

981 F. Supp. 2d 1293 · District Court, S.D. Florida · Nov 6, 2013

Rather, as a practical matter, any time that an employer discriminates against someone solely because of that person’s advocacy of the rights of another under Title VII, that conduct always will qualify as illegal retaliation … A plaintiff who engages in activity protected by Title VII and suffers an adverse employment action because of it can clearly bring a Title VII retaliation claim— regardless of whether that employee was the target of the

Center for Biological Diversity v. U.S. Fish and Wildlife Service

District Court, S.D. Florida · May 26, 2020

In Camp, the Comptroller of the Currency had failed to clearly explain his basis for denying an application to organize a new bank. 411 U.S. at 139–40. … A motion to complete the record must clearly set forth: “(1) when the documents were presented to the agency; (2) to whom; (3) and under what context.”

Cheney v. Cyberguard Corp.

211 F.R.D. 478 · District Court, S.D. Florida · Aug 14, 2002

On the other hand, Plaintiffs-assert that an application of these factors clearly shows a classwide presumption of reliance is appropriate. … The cases cited by Defendants are clearly distinguishable. See e.g., Krogman, 202 F.R.D. at 475 (weekly median trading volume of .1% did not support efficiency); Griffin v.

Florida Women's Medical Clinic, Inc. v. Smith

478 F. Supp. 233 · District Court, S.D. Florida · Aug 31, 1979

This action seeking a declaration as to the constitutionality vel non of the aforementioned statutes and rules is so clearly appropriate for Rule 23(b)(2), Fed.R.Civ.P., class treatment that extended discussion of this issue … RH° anti (d) Immune Globin (Humane) shall be offered and provided to all negative patients who have not been sensitized.

Arreskjold v. United States

707 F. Supp. 2d 1332 · District Court, S.D. Florida · Jun 21, 2010

Although the Supreme Court has held that ineffective assistance of counsel can qualify as sufficient cause, see Murray v. … Thus, this claim s also foreclosed by clearly controlling law, and is not debatable among reasonable jurists.

Seiglie

District Court, S.D. Florida · Feb 10, 2026

Under the McDonnell Douglas framework, a plaintiff can establish a prima facie case of age discrimination by showing he was: (1) a member of the protected class, i.e., above the age of 40; (2) qualified for his current … Despite making a passing reference to Defendant’s retaliation against “other older, more qualified, and experienced City police officers” and noting “an alarming mass exodus of the City’s most experienced and qualified

Whirlpool Corp. v. U.M.C.O. International Corp.

748 F. Supp. 1557 · District Court, S.D. Florida · Oct 16, 1990

However, since the UMCO/Whirlpool contract does not provide for exclusivity, UMCO clearly has the burden of demonstrating a factual dispute as to whether the “established relationship” provided for exclusivity. … Thus, the fact that the integrated contract provided for Whirlpool’s unilateral alteration of credit terms does not immunize exercise of this contractual provision from Law 75 scrutiny.

Congregation 3401 Prarie Bais Yeshaya Dkerestir, Inc. v. City of Miami Beach

District Court, S.D. Florida · May 10, 2023

DISCUSSION Defendant argues Plaintiff is clearly using the Property as a religious institution in violation of the City Code, which forecloses Plaintiff’s claims under 28 U.S.C. section … Graham, 473 U.S. 159, 167 (1985) (“The only immunities that can be claimed in an official- capacity action are forms of sovereign immunity that the entity, qua entity, may possess, such as the Eleventh Amendment.”).

Tefel v. Reno

972 F. Supp. 608 · District Court, S.D. Florida · May 22, 1997

ultimately to establish that the BIA’s interpretation of the governing statutes is incorrect. … The statute cannot be applied to disenfranchise so many who would have otherwise qualified for suspension of deportation.

Kadylak v. Royal Caribbean Cruise, Ltd.

167 F. Supp. 3d 1301 · District Court, S.D. Florida · Mar 1, 2016

The Plaintiff asserts that he never agreed to release ETA from liability and that ETA owed the Plaintiff a duty to make sure all of the participants in the ride were qualified to safety operate a motorcycle. … which requires, as a prerequisite to imposing liability, that the carrier have had actual or constructive notice of the risk-creating condition, at least where ... the menace is one commonly encountered on land and not clearly

L.O.T.I. Group Productions v. Lund

907 F. Supp. 1528 · District Court, S.D. Florida · Oct 26, 1995

Circuit held that several telephone calls between the Florida plaintiff and nonresident defendant in which the defendant made fraudulent representations which ultimately caused injury to the plaintiff were not sufficient to qualify … To permit such general jurisdiction would make Connor amenable to suit anywhere in the country on any cause of action, a result the Eleventh Circuit has clearly rejected as contrary to the purposes of general jurisdiction

Jimenez v. United States

District Court, S.D. Florida · May 19, 2021

Lee-Kong specifically acknowledges that dislodgment is a known complication, and notes further that “[d]etails surrounding how [Fernandez] was moved should be more clearly characterized further.” ECF No. [41-1] at 1. … Lee-Kong’s CV that he would be qualified to offer an opinion on the proper use of a Hoyer lift in any event. See ECF No. [25] at 3-10. Defendant also provides the opinion of Dr.

Federal Election Commission v. Rivera

District Court, S.D. Florida · Jun 8, 2020

the purpose of work product protection is to immunize the work product of the attorney or his agents from discovery, so that they can analyze and prepare their client’s case for litigation. See United States v. … It has also, although barely, established that the limited law enforcement investigatory privilege applies.

Cordova v. Lehman Bros., Inc.

526 F. Supp. 2d 1305 · District Court, S.D. Florida · Dec 7, 2007

Consequently, the Court will focus further discussion on statements clearly made by and attributable to Defendants, not those made by PFA. 2. … To qualify as a “strong inference” within the meaning of the statute, “an inference of scienter must be more that merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of

American Bankers Insurance Group, Inc. v. United States

308 F. Supp. 2d 1360 · District Court, S.D. Florida · Jan 29, 2004

Since each of these services is a separate and mutually exclusive type of service, the “and” in § 4251(b) does not mean that a communications service must be A, B, and C; rather, a service will qualify as a communications … United States, 461 U.S. 574, 586 , 103 S.Ct. 2017 , 76 L.Ed.2d 157 (1983) (“It is a well established canon of statutory construction that a court should go beyond the literal language of a statute if reliance on that language

BONOMO v. United States

District Court, S.D. Florida · Mar 3, 2025

That is, the taxpayer must present evidence to establish that the challenged IRS assessment was erroneous. See Webb v. Internal Rev. … Plaintiffs do not allege that such a declaration was made, or that they would qualify. So, the second argument is a non- starter.

Langlois v. City of Deerfield Beach, Florida

370 F. Supp. 2d 1233 · District Court, S.D. Florida · Mar 23, 2005

Langlois Qualifies for FMLA Protection Langlois is entitled to FMLA protection since he was placed on FMLA leave. … In this case, Langlois’ statements were clearly made pursuant to his status as an employee of the Fire Department, and addressed, like the statements by the Plaintiff in Pearson and Morris , circumstances of his own employment

Epstein v. Toys-R-Us Delaware, Inc.

277 F. Supp. 2d 1266 · District Court, S.D. Florida · Apr 14, 2003

The officer defendants additionally argue that as to Count I, they are entitled to qualified immunity because they had arguable probable cause to arrest Plaintiff. … violated s. 877.08 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.

Securities & Exchange Commission v. Unique Financial Concepts, Inc.

119 F. Supp. 2d 1332 · District Court, S.D. Florida · Nov 19, 1998

FINDINGS OF FACT Unique was established in October of 1997 by Defendants Hollander and Patti. … The SEC has also established that Defendants made material representations and omissions to investors.

Bien-Aime v. Miami Dade Corrections and Rehabilitation Department

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

To establish a hostile work environment claim, a plaintiff must show: (1) that [s]he belongs to a protected group; (2) that [s]he has been subject to unwelcome harassment; (3) that … Similarly, the ADA prohibits discrimination by an employer against “a qualified individual on the basis of disability.” 42 U.S.C. § 12112(a).