Case law

Hayes v. Starling

District Court, S.D. Florida · Oct 19, 2020

App’x 856, 859 (11th Cir. 2013) (affirming that qualified immunity was appropriate where a cavity search, as part of a routine cell search, implicated the “strong considerations” in favor of needing to maintain [institutional … In addition, Plaintiff’s allegations do not establish a causal connection.

United States v. Sharfi

District Court, S.D. Florida · Feb 1, 2022

This is sufficient to establish that the photographs and videos are work product. 4 The Response states that the photographs and videos belong to Mr. Sharfi. DE 58 at 1. Given that Mr. … Accordingly, the Response does not argue that the photographs and videos are opinion work product, nor do I otherwise observe that they qualify as opinion work product.

Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc.

432 F. Supp. 2d 1319 · District Court, S.D. Florida · May 26, 2006

At trial, Bratic repeatedly acknowledged that he had no expertise, and was not qualified to offer opinions on the scientific, 51 or regulatory 52 *1351 aspects of this case. … We were surprised to hear from you that you had indeed been contacted by a representative from AlphaMed which is clearly in breach of the court injunction which has been obtained.

Bosley v. A Bradley Hospitality LLC

District Court, S.D. Florida · Sep 18, 2025

Defendant explains that “[t]he allegations before the court are that the text messages sent [by Defendant] qualify as an ‘advertisement’ without express consent in violation of 47 CFR 64.1200.” ECF No. [9] at 5-6. … Oct. 23, 2018) (finding allegations of receipt of a single text message sufficient to establish a concrete injury necessary to establish standing).

Zia v. CitiMortgage, Inc.

210 F. Supp. 3d 1334 · District Court, S.D. Florida · Sep 26, 2016

As standing is a threshold determinant, the plaintiff must “clearly.. .allege facts demonstrating” standing. Warth v. Seldin, 422 U.S. 490, 518 , 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975). … Spokeo itself was alleged to qualify as a “consumer reporting agency” under the FCRA. The Supreme Court described the circumstances giving rise to the plaintiffs complaint: Spokeo operates a “people search engine.”

Hidalgo Corp. v. J. Kugel Designs, Inc.

509 F. Supp. 2d 1247 · District Court, S.D. Florida · May 23, 2007

Trans, .at p. 163), notwithstanding several photographs taken that clearly showed its absence. … The sequence of events is clearly not what is contemplated by a stock and resale situation.

United States v. Urbana

770 F. Supp. 1552 · District Court, S.D. Florida · May 10, 1991

Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. Powell v. Alabama, 287 U.S. 45, 69 , 53 S.Ct. 55, 64 , 77 L.Ed. 158 (1932). … Although Patton clearly was having difficulty recalling specific times, dates, and places, he did state that he thought the law office was on either Brickell Avenue or Biscayne Boulevard. 5 .

Dzikowski v. United States Ex Rel. Internal Revenue Service (In Re Cummings)

381 B.R. 810 · District Court, S.D. Florida · Nov 28, 2007

Furthermore, the IRS has failed to establish that any of the narrow exceptions to the doctrine apply to either of these orders. … Dzikowski’s nexus to the instant bankruptcy proceeding, though tenuous, does qualify as a party in interest.” In re Cummings, 371 B.R. 565 , 568 n. 2 (Bankr.S.D.Fla.2007).

Aidone v. Nationwide Auto Guard, LLC

985 F. Supp. 2d 1346 · District Court, S.D. Florida · Nov 26, 2013

Nor can the information establish willfulness, because it would not establish that the Defendant knew that the way it was paying the Plaintiff was in violation of the FLSA. … Please clearly detail the dates of any changes in Plaintiffs pay, commissions, hourly rate, and state why such changes were made.

Travelers Indem. Co. v. Figg Bridge Eng'rs, Inc.

389 F. Supp. 3d 1060 · District Court, S.D. Florida · Jun 24, 2019

do not qualify as professional services." … FIGG also argues the facts described in the Underlying Complaints establish a duty to defend. ( See id. 8).

Leon v. Cont'l AG

301 F. Supp. 3d 1203 · District Court, S.D. Florida · Mar 17, 2017

Indeed, Vermeulen never addressed Florida's long-arm statute and thus provided no guidance as to what qualifies as "committing a tortious act" within Florida. … The Court observes that Plaintiffs' theories of RICO injury and causation do not follow clearly from the Complaint or from applicable case law.

Default Proof Credit Card System, Inc. v. Home Depot U.S.A., Inc.

389 F. Supp. 2d 1325 · District Court, S.D. Florida · Sep 30, 2004

Gafford’s testimony is not admissible to aid the Court in claim construction simply because he has not been qualified as an expert. Moreover, Defendants have not put forward any convincing arguments as to why Mr. … Therefore, the Court finds that Gafford is qualified to testify as a person of ordinary skill in the relevant art. Because Mr.

Bueno v. University Of Miami

District Court, S.D. Florida · Apr 26, 2023

The Plaintiff does not challenge the authenticity of the email, and the amended complaint clearly makes the email central to the Plaintiff’s FCRA claim. Id. … facts to establish that the University qualifies as a furnisher of information under the FCRA.

Bueno v. University Of Miami

District Court, S.D. Florida · Apr 26, 2023

The Plaintiff does not challenge the authenticity of the email, and the amended complaint clearly makes the email central to the Plaintiff’s FCRA claim. Id. … facts to establish that the University qualifies as a furnisher of information under the FCRA.

American Guarantee & Liability Insurance v. Simon Roofing & Sheet Metal Corp.

930 F. Supp. 2d 1331 · District Court, S.D. Florida · Mar 12, 2013

This well-established principle is applicable here: Simon was obligated to comply with both because the plain language of the policy clearly contemplates that the two provisions are separate, distinct requirements that trigger … The contours of what qualifies as prejudice as a matter of law under Pennsylvania law are, however, somewhat elusive.

Rolyn Companies, Inc. v. R & J Sales of Texas, Inc.

671 F. Supp. 2d 1314 · District Court, S.D. Florida · Nov 16, 2009

That means insureds cannot unilaterally settle a claim before the establishment of the claim against them and the insurer’s refusal to defend in a lawsuit to establish liability.... … Because Rolyn does not qualify as an additional insured under the policy, Admiral is entitled to judgment as a matter of law.

LUGARDO v. Public Health Trust of Miami-Dade County

District Court, S.D. Florida · Feb 25, 2025

Hence, failing to establish a prima facie case under McDonnell Douglas does not automatically doom a plaintiff’s claim at summary judgment. … This statement is sufficient evidence for a reasonable fact finder to conclude that Plaintiff’s HIV diagnosis “substantially limits” the functioning of his immune system, a recognized “major life activity”

Banks v. Board of Public Instruction of Dade County

314 F. Supp. 285 · District Court, S.D. Florida · Jun 26, 1970

Both acts were contrary to established rules of which the suspended students had knowledge. … Clearly, the community * * * expects that the requirements of order, and of protection and implementation of the educational program of the school, will be met by limited enforcement means — the force of the school establishment

SELL v. FLORIDA DEPT. OF HEALTH, OKEECHOBEE COUNTY HEALTH DEPARTMENT

District Court, S.D. Florida · Jun 11, 2020

The ADA and FMLA counts were subsequently dismissed on the basis of Eleventh Amendment immunity. DE 14. … Under McDonnell Douglas, the plaintiff must first establish a prima facie case of discrimination consisting of the following elements: (1) the plaintiff was a member of a protected class, (2) he was qualified

Godhigh v. South Florida Reception Center

District Court, S.D. Florida · Jan 13, 2025

Dec. 4, 2018) (Graham, J.), ECF No. 16 at 1 (dismissing Godhigh’s complaint where it “fail[ed] to state a claim under 28 U.S.C. §§ 1915A and 1915(e) based on judicial and prosecutorial immunity”). … And Godhigh’s claims that officers are “throwing” away his grievances fail to establish imminent danger, id. at 2, since Godhigh never alleges that he’s currently facing the threat of physical injury, see Abdullah v.