Case law

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

Eastern Air Lines, Inc. v. Mobil Oil Corp.

564 F. Supp. 1131 · District Court, S.D. Florida · Apr 27, 1983

That the agency viewed disparate prices as being within the scope of permissible pricing activity is clearly shown by its own interpretations and rulings. … The FEA authority cited by Eastern in support of its position confirms, rather than contradicts, this Court’s finding that disparate pricing was clearly contemplated by the agency as permissible activity.

Davis v. Miami-Dade County Board of County Commissioners

469 F. Supp. 2d 1190 · District Court, S.D. Florida · Oct 24, 2006

. § 768.28 (waiver of sovereign immunity in tort actions requires written notice to the agency), and that Plaintiff has failed to state any basis for relief under these theories even if she had provided the statutory notice … This Court finds that Plaintiff has established that her business operations are a part of interstate commerce.

Bluegreen Vacations Unlimited, Inc. v. Timeshare Termination Team, LLC

District Court, S.D. Florida · Jun 17, 2021

Therefore, Miller should be entitled to claim judgmental immunity as a defense. … Plaintiffs argue that because TTT Defendants’ interference is alleged in the Complaint to be improper, the defense is clearly invalid as a matter of law.

Santiago v. United States

District Court, S.D. Florida · Nov 8, 2023

The sentence represented a downward variance from the uncontested advisory guideline range of 262 to 327 months’ imprisonment established at sentencing [CR ECF No. 242 pp. 4, 16–17 (Tr. … The Eleventh Circuit’s en banc decision in Dupree was issued on January 18, 2023, months after Movant’s conviction became Smith, Count 1 clearly qualified as a “controlled substance offense.” Smith, 54 F.3d at 693.

Tatum v. Bokofsky

842 F. Supp. 521 · District Court, S.D. Florida · Jan 10, 1994

(DE 5 at 3) This condition qualified as a preexisting condition under the plan, and therefore any payment for the treatment of this condition remained subject to certain limitations as explained to her in Article III, Section … Section 1002 (1), ERISA defines an employee welfare benefit plan as “any plan, fund or program ... established or maintained by an *526 employer or by an employee organization” for the purposes of providing medical and other

United States Life Insurance v. Logus Manufacturing Corp.

845 F. Supp. 2d 1303 · District Court, S.D. Florida · Jan 31, 2012

What’s more, Hack’s attempt to change the Policy’s beneficiary clearly qualifies as a “happening” or “thing.” … Second, American General argues that its refusal to record George Hack’s request was reasonable because he did not provide enough information in the Change Forms to clearly establish his authority to bind Logus.

Scott v. Paychex Insurance Agency, Inc.

District Court, S.D. Florida · Aug 16, 2023

A non-scientific expert such as Alford “may be qualified based on his personal knowledge or experience without the necessity of establishing standards of scientific reliability, such as testability and peer review.” … Defendant responds that “Plaintiff is attacking the factual basis of [] Alford’s opinion, and case law clearly establishes that the factual basis of an expert opinion goes to the credibility — not the admissibility — of

Ward

District Court, S.D. Florida · Dec 29, 2025

Without evidence establishing that fact, any jury award for lost earning capacity would have been unduly speculative.” 992 F.3d at 1152. … The awards that were not permitted by law—past net lost wage-earning capacity and benefits from incident to the date of the trial for Counts 2 and 3 of Incidents 3 and 5—were clearly identifiable.

In re Terazosin Hydrochloride Antitrust Litigation

203 F.R.D. 551 · District Court, S.D. Florida · Sep 20, 2001

The defendants have not seriously contested these issues; the record clearly favors the plaintiffs. A. … Stuart-James Co., 707 F.Supp. 499, 502 (M.D.Fla.1989), commonality is clearly present in this case.

Collins v. Miami-Dade County

361 F. Supp. 2d 1362 · District Court, S.D. Florida · Feb 7, 2005

Santa Fe Trail Transportation Co., 427 U.S. 273 , 96 S.Ct. 2574 , 49 L.Ed.2d 493 (1976)). 5 See also Wilson, 376 F.3d at 1087 (“A plaintiff establishes a prima facie case of disparate treatment by showing that she was a qualified … Collins clearly meet the test of being those which might motivate a reasonable employer. Indeed, Ms.

Card v. Miami-Dade County Florida

147 F. Supp. 2d 1334 · District Court, S.D. Florida · May 29, 2001

The prison, howev er, clearly had policies in place to calculate sentences and release dates. … Card must establish, under § 1983, that the County’s lack of a policy or procedure was deliberately indifferent as to its known or obvious consequences: [Q]uite apart from the state of mind required to establish the underlying

Eakin v. United Technology Corp.

998 F. Supp. 1422 · District Court, S.D. Florida · Jan 8, 1998

On June 24, 1997, Eakin’s former counsel, Acosta and Papadakis, moved this Court to establish a charging hen for attorney’s fees. … Thus, the Statement clearly imposed a duty on Acosta to specify how the fee was to be calculated with respect to costs.

Hartsfield v. United States

District Court, S.D. Florida · Sep 19, 2022

The Court’s decision in Taylor clearly provides that a § 924(c) conviction is invalid if its sole predicate is attempted Hobbs Act robbery. See Madison v. … murder, qualify as crimes of violence under Section 924(c)’s elements clause.

Commodity Futures Trading Commission v. Wilshire Investment Management Corp.

407 F. Supp. 2d 1304 · District Court, S.D. Florida · Dec 5, 2005

Indeed, the pattern established by the investors’ testimony, despite the defendants’ protestations, is undeniable. … The parties do not dispute that Andrew Wilshire qualifies as a controlling person.

City of St. Petersburg v. Total Containment, Inc.

265 F.R.D. 630 · District Court, S.D. Florida · Feb 10, 2010

As for Plaintiffs’ counsel, they are well-qualified to prosecute this action on behalf of their clients and have demonstrated skill in pursuing this litigation. … This clearly does not satisfy the streamlining and efficiency goals of Rule 23.

United States v. Falcon

245 F. Supp. 2d 1239 · District Court, S.D. Florida · Feb 20, 2003

Recognizing that expert testimony attacking Bonachea’s credibility is clearly inadmissible, Defendant Falcon has repeatedly maintained that Dr. … Poliacoffs testimony would run contrary, to the well-established principle that, absent extraordinary circumstances, credibility determinations are for the jury, and not expert witnesses.

Pratt v. Weeks

1 F. Supp. 953 · District Court, S.D. Florida · Dec 6, 1932

Weeks’ representations, but upon their own extended investigations and tests whieh they were qualified to make, having equal if not superior means with defendant of learning the truth. 26 C. J. 1162; 13 C. J. 391. … That such was the intention of the parties is clearly evidenced by the following provision of the contract: “16. This is an entire contract. Bach part shall be dependent upon eveoy other part.”

MSPA Claims I, LLC v. Tenet Fla., Inc.

318 F. Supp. 3d 1349 · District Court, S.D. Florida · Mar 29, 2018

"Where, as here, a case is at the pleading stage, the plaintiff must 'clearly ... allege facts demonstrating' each element." Id. (citing Warth v. Seldin , 422 U.S. 490 , 518, 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975) ). … Put differently, even if Plaintiff had established a valid assignment with regard to recovery rights under the MSPA, Plaintiff has not established any independent basis for challenging the terms of the Services agreement

Saint-Vil v. City of Miami Beach

District Court, S.D. Florida · Jun 14, 2022

Masten’s testimony cannot and does not establish whether a contested material fact in the lawsuit indeed occurred. This is exclusively the realm of the trier of fact. Further, as Mr. … Martinelli is clearly an expert in the field of law enforcement and police practices, we are not convinced, based on the record, that he is qualified to opine on Plaintiff’s definitive proximity to Officer Rodriguez based