Case law

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.

Aprigliano v. American Honda Motor Co.

979 F. Supp. 2d 1331 · District Court, S.D. Florida · Oct 28, 2013

Clearly, this case arises in the products liability context. … Even more fatal to the claim, the adverb “unbelievably” qualifies the descriptive adjectives “smooth,” “quiet,” and “vibration-free,” placing the statement squarely in the realm of opinion.

Modeste v. Michael

District Court, S.D. Florida · Feb 18, 2021

The Eleventh Circuit, thus, has established that shotgun pleading is an unacceptable form of establishing a claim for relief. Strategic Income Fund, LLC v. … Plaintiff’s failure to do so also reveals that the Complaint qualifies as the third category of shotgun pleading for not separating into different paragraphs each count or claim for relief.

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

Bristol-Myers Squibb Co. v. Andrx Pharmaceuticals, Inc.

343 F. Supp. 2d 1124 · District Court, S.D. Florida · Jun 4, 2004

That discovery was clearly identified as the point of novelty that justified Bristol’s application for a patent on their tablet formulation. … The Court finds this argument unpersuasive and that the examples that use 20% MCC do not establish that percentage as the optimal amount of MCC in any formulation.

Afkhami v. Carnival Corp.

305 F. Supp. 2d 1308 · District Court, S.D. Florida · Jan 28, 2004

Carnival’s ticket contract states at paragraph 4(e): “No Guest is permitted to bring on board the Vessel live animals (other than qualified service animals, with not less than 14 days advance notice given to Carnival).” … See, e.g., Chapman, 441 U.S. at 617 , 99 S.Ct. 1905 (“Standing alone, § 1983 clearly provides no protection for civil rights since, as we have just concluded, § 1983 does not provide any substantive rights at all.”)

In re the complaint of Royal Caribbean Cruises Ltd.

991 F. Supp. 2d 1171 · District Court, S.D. Florida · Feb 4, 2013

Because the waiver clearly fell within the statute’s language, that was all that mattered. Id. at 848-49. … And the Waiver in the present case, just like the waivers in Johnson and Smolnikar , clearly seeks to limit Royal’s liability for injuries allegedly caused by its negligence.

Rhodes v. Omega Research, Inc.

38 F. Supp. 2d 1353 · District Court, S.D. Florida · Mar 1, 1999

Jan.6, 1999) (“[D]espite Plaintiffs’ careful attempt to avoid use of the term ‘fraud,’ the Consolidated Amended Class Action Complaint nonetheless clearly sounds in fraud.”). … “Present known information that strongly implies an important future outcome is not immune from mandatory disclosure.” Shaw, 82 F.3d at 1210 .

International Graphics, Inc. v. MTA-Travel Ways, Inc.

71 F.R.D. 598 · District Court, S.D. Florida · Jul 15, 1976

It has been clearly determined that the long-arm statute is not retroactive. … He argues that an action sufficient to establish minimum contacts under § 48.193 should be sufficient under 48.181, which was in effect at the time.

Sovereign Bonds Exchange LLC v. Federal Republic of Germany

899 F. Supp. 2d 1304 · District Court, S.D. Florida · Oct 20, 2010

I concluded subject matter jurisdiction existed under the commercial-activity exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-11 . See id. … SBE’s allegation that the German Banks violated Article 25 of the LDA fails to state a claim because this provision of the LDA is clearly not self-executing.

United States v. Kramer

957 F. Supp. 223 · District Court, S.D. Florida · Mar 20, 1997

Coyne, she qualifies to participate in the sale under this subsection as she has never been indicted or convicted by a jury for her participation in the operation of the Bicycle Club. … However, this court clearly has jurisdiction under 18 U.S.C.1963(f) to determine if Ladbroke 1 or Julie Coyne is barred from being a purchaser.

In Re Yarn Processing Patent Validity Litigation

360 F. Supp. 74 · District Court, S.D. Florida · Apr 25, 1973

, but the dicta was clearly labelled as such by insertion of the word "probably" in the footnote. … But alas, Leesona can no more make that showing to qualify question 11 as a material fact in dispute than it could make the same showing for questions three, five, seven, eight or ten.

Securities & Exchange Commission v. Shiner

268 F. Supp. 2d 1333 · District Court, S.D. Florida · May 8, 2003

Here, the SEC has clearly established a prima facie case of a violation of Section 5 of the Securities Act, 15 U.S.C. § 77e. Securities were offered and sold. There is no evidence of a registration statement. … Next, the SEC must establish a reasonable likelihood that the wrong will be repeated.

Torres v. Rock & River Food Inc.

244 F. Supp. 3d 1320 · District Court, S.D. Florida · Apr 28, 2016

Finally, “[although it is sufficient that the tools and equipment [used by the defendant] qualify as either ‘goods’ or ‘materials,’ there is an important distinction between the labels.” Polycarpe v. … The second inquiry is to establish “whether the item is being used commercially in the employer’s business.” Id. at 1225-26 .

Hollywood Community Synagogue, Inc. v. City of Hollywood

430 F. Supp. 2d 1296 · District Court, S.D. Florida · May 10, 2006

Thus, the regulations at issue in this case clearly impact “religious exercise” as contemplated by RLUIPA. See id. … City of Alabaster, the Eleventh Circuit noted the long-established tenet that zoning regulations would not be declared unconstitutional as violative of substantive due process unless they were “clearly arbitrary and unreasonable

Pendlebury v. Starbucks Coffee Co.

518 F. Supp. 2d 1345 · District Court, S.D. Florida · Sep 21, 2007

However, as Defendant correctly points out, merely classifying a group of employees as exempt does not automatically qualify them as similarly situated. … The record evidence establishes that all store managers carried out this responsibility.

Muhammad v. Tucker

905 F. Supp. 2d 1281 · District Court, S.D. Florida · Nov 9, 2012

The Florida Supreme Court’s ruling was not contrary to, and did not involve an unreasonable application of, clearly established federal law, as determined by the Supreme Court. … Accordingly, the decision of the Florida Supreme Court was not contrary to, or an unreasonable application of, clearly established federal law. XIV. The Ring Claim Mr.

Tooma v. Florida Parole Commission

612 F. Supp. 2d 1255 · District Court, S.D. Florida · Apr 10, 2009

The Eleventh Circuit has clearly held that while much of Florida’s statutory scheme involving parole is written in mandatory terms, that language is qualified by the exercise of the Commission’s discretion. … This subsection applies if the commission desires to consider the establishment of an effective release date without delivery of the effective parole release date interview.

City of Fort Lauderdale v. Scott

888 F. Supp. 2d 1279 · District Court, S.D. Florida · Aug 23, 2012

Since Counter-Plaintiffs have presented no evidence that Battle violated their equal-protection rights, Battle is also entitled to qualified immunity. See Harlow v. … established statutory or constitutional rights of which a reasonable person would have known”).

Weiss v. 2100 Condominium Ass'n

941 F. Supp. 2d 1337 · District Court, S.D. Florida · Apr 8, 2013

In so holding, the court reasoned that construction in an existing building “does not ... qualify as an ‘accommodation’ of a ‘rule, policy, practice or service,’ when the term ‘construction’ is nowhere to be found and the … Without ever clearly requesting Defendants to excavate an accessible path over the beach dune, Defendants cannot be liable. See id.