Case law

Equal Employment Opportunity Commission v. Carolina Freight Carriers Corp.

723 F. Supp. 734 · District Court, S.D. Florida · Oct 26, 1989

Clearly, the filing of a charge of discrimination is an activity protected under section 704(a). See Pettway v. American Cast Iron Pipe Co., 411 F.2d 998, 1003-07 (5th Cir.1969). … As long as the protected activity and the adverse action were not “wholly unrelated”, the plaintiff has established a prima facie case.

Gongora v. City of Miami Beach, Florida

District Court, S.D. Florida · Jul 31, 2021

The amended complaint alleges that “Plaintiffs are in doubt as to his rights, privileges, immunities, and obligations under Section 2.02 of the Charter,” and that “Defendant City of Miami Beach, acting under color of law … The parties seek a resolution of this action before the September 2021 deadline for the candidate qualifying period, or at the latest before the November 2021 general elections. (Id. at 2.)

Gabriel

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

Given the supplemental information provided in the Affidavit, Plaintiff qualifies for indigent status in this civil action. b. … The Honorable Beth Bloom thereafter dismissed the Complaint on sovereign immunity grounds. See Case No. 25-CV-20576- BLOOM, ECF No. [9].

Kondell v. Blue Cross & Blue Shield of Florida, Inc.

187 F. Supp. 3d 1348 · District Court, S.D. Florida · May 9, 2016

The BLUEPRINT FOR HEALTH PROGRAMS section, in turn, explains: “We [Defendant] have established (and from time to time establish) various ... benefit utilization management and utilization review programs. … To the extent Plaintiff alleges that Defendant misrepresented or omitted the fact that it would rely on considerations of cost in making coverage decisions, the Court notes that Plaintiffs Policy clearly discloses Plaintiffs

Sanchez v. City of Miami Beach

720 F. Supp. 974 · District Court, S.D. Florida · Aug 28, 1989

In addition, Defendant denied any wrongdoing concerning Plaintiff’s advancement, training or promotion for which she had applied and was qualified. … Plaintiff succeeded on the central issue in the suit, establishing that there exists a hostile work environment in violation of the Civil Rights Act of 1984.

United States v. Ramirez

991 F. Supp. 2d 1258 · District Court, S.D. Florida · Jan 10, 2014

To qualify as a routine-booking question, the question must be “reasonably related to the police’s administrative concerns,” United States v. … Detectives Velazquez and Azcuy testified that they routinely ask these questions of subjects to establish identity.

Viridis Corp. v. TCA Global Credit Master Fund, LP

155 F. Supp. 3d 1344 · District Court, S.D. Florida · Dec 17, 2015

“working capital” is, which is crucial for purposes of establishing proximate cause in this case. … The Court stated that failing to acknowledge this crucial distinction “would immunize from RICO liability many of those at whom this Court has said RICO directly aims — e.g., high-ranking individuals in an illegitimate criminal

Strang v. Satz

884 F. Supp. 504 · District Court, S.D. Florida · Apr 28, 1995

If the movant meets its burden, the burden then shifts to the non-moving party to establish that a genuine dispute of material fact exists. Hairston v. Gainesville Sun Pub. … It is wen-established that the “party seeking to uphold the restriction on commercial speech carries the burden of justifying it.” Edenfield v.

IMX, Inc. v. E-LOAN, INC.

710 F. Supp. 2d 1315 · District Court, S.D. Florida · Apr 21, 2010

Second, it is well established that the “specification may impart a definition that differs from a term’s ordinary meaning only when it demonstrates ‘an intent to deviate from’ that meaning,” Univ. of Pittsburgh of Commonwealth … dates, reports of late mortgage payments).” '947 Patent, Col. 3:53-67. *1324 Likewise, the specification provides that “computed values which might be of interest to lenders” includes, generally, “loan-to-value ratios, qualifying

Barat v. Navy Federal Credit Union

District Court, S.D. Florida · Jan 26, 2024

Since the statute doesn’t qualify one’s status as an “applicant” by one’s membership in a protected class, we won’t either. … United States, 25 F.4th 925, 935 (11th Cir. 2022) (“Congress, in short, knows how to waive sovereign immunity when it wants to.

Jessup v. Miami-Dade County

697 F. Supp. 2d 1312 · District Court, S.D. Florida · Mar 18, 2010

immunity when evidence showed they were aware that detainee would start to have seizures and waited for them to start before obtaining medical treatment). … Plaintiff has presented no evidence that the Court can consider that would establish Robinson acted with deliberate indifference.

Bouton v. Ocean Properties, Ltd.

201 F. Supp. 3d 1341 · District Court, S.D. Florida · Aug 15, 2016

The authority cited by Defendant in its Motion all concern the definition of the term “print,” undertaking an analysis of the “point of sale” concept merely to illus *1350 trate that electronic “receipts” do not qualify. … Contrary to Defendant’s implicit assertion, the Court does not find that that these factual allegations establish recklessness. See ECF No. [43] at 14.

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).

Silvester v. American Broadcasting Companies, Inc.

650 F. Supp. 766 · District Court, S.D. Florida · Dec 30, 1986

We’ve got a better location and I just feel we’re better qualified to operate.” … “The qualified immunity of New York Times protects the press against a public official’s libel action based on lack of thoroughness or predisposition as long as the defendant is not shown to have published recklessly or in

Bendlis v. NCL (Banamas), Ltd.

112 F. Supp. 3d 1339 · District Court, S.D. Florida · Jul 6, 2015

In granting Plaintiffs Motion to Remand, Judge Altonaga held that: (1) Plaintiff did qualify as a “seaman” under the Jones Act; and (2) NCL did hot meet the high burden of proof' necessary to show that establishing a Jones … Plaintiff contends, that no new circumstances occurred since the previous. remand to establish new and different grounds for removal. Id.

Scottsdale Insurance v. GFM Operations, Inc.

789 F. Supp. 2d 1278 · District Court, S.D. Florida · Apr 12, 2011

Manro, Inc., 550 So.2d 1174, 1175 (Fla. 3d DCA 1989) (“The fact that [the employer] paid the [employee] workers’ compensation benefits does not in itself afford [the employer] a workers’ compensation immunity against ... … However, at the moment he was shot, Steen was showing a friend his new truck, a clearly personal undertaking unrelated to his employment.

In re Brican America LLC Equipment Lease Litigation

977 F. Supp. 2d 1287 · District Court, S.D. Florida · Oct 1, 2013

In Jones , the record demonstrated that after a witness told a defendant that his bank records had been subpoenaed and that the witness was likely to be served with a subpoena to testify under a grant of immunity, the defendant … combination of Plaintiff Quiroz’s attempt to tamper with witnesses by providing them a portion of his court award in exchange of favorable testimony, his perjured affidavit and his dishonest testimony at the evidentiary hearing clearly

Stewart Title Guaranty Co. v. Roberts-Dude

497 B.R. 143 · District Court, S.D. Florida · Jul 11, 2013

Stewart Title’s Complaint against Roberts-Dude in bankruptcy corad contained five counts: Count I for establishment, liquidation, and allowance of a claim under § 502 based on fraud; Count II for establishment, liquidation … , and allowance of a claim under § 502 based on concealment; Count III for establishment, liquidation, and allowance of a claim under § 502 based on breach of contract; Count IV for establishment, liquidation, and allowance

Aerovias Interamericanas De Panama, S.A. v. Board of County Commissioners

197 F. Supp. 230 · District Court, S.D. Florida · Sep 20, 1961

It is a well established principle of international law that each state is responsible for its internal governmental machinery. … Fifth ■Circuit Court of Appeals, in a case involving the Broward County Port Authority, which body was organized under a Special Act of the Florida Legislature similar to the one which created the defendant, held that the immunity

United States v. Blucher

730 F. Supp. 428 · District Court, S.D. Florida · Jan 8, 1990

The Court will not consider this clearly preposterous suggestion.- The Defendant’s proposed testimony is described in his attached affidavit. (See DE 783, Exhibit D). … Finally, in order to qualify as “newly discovered” for purposes of Rule 33, evidence must be discovered subsequent to the trial proceeding. United States v. Di-Bernardo, 880 F.2d at 1224 .