Case law

Fontaine v. Secretary, Florida Department of Corrections

District Court, S.D. Florida · Dec 9, 2020

If the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune from such relief[,]” the court is directed to dismiss the complaint … Excessive force by John Doe Defendants To establish a claim for excessive use of force in violation of the Eighth Amendment, “a plaintiff must show (1) that the force was ‘sadistically and

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.

United States v. Gomez

807 F. Supp. 2d 1134 · District Court, S.D. Florida · Aug 31, 2011

That type of search and seizure is clearly permissible under the Fourth Amendment, and Defendant acknowledged as much during the hearing. Chimel v. … Clearly, the agents lawfully stopped, detained Defendant and then seized his cell phone incident to his arrest.

Butts v. AMERIPATH, INC.

794 F. Supp. 2d 1277 · District Court, S.D. Florida · Mar 30, 2011

Awareness, however, can be established by circumstantial evidence. Id. … Similarly, Koch and Danley’s declarations do not clearly indicate whether Gonzalez conveyed to them that Butts found the e-mails to be derogatory.

Greenberg v. Miami Children's Hospital Research Institute, Inc.

264 F. Supp. 2d 1064 · District Court, S.D. Florida · May 29, 2003

The allegations in the Complaint are clearly distinguishable as Defendants here are solely medical researchers and there was no therapeutic relationship as in Moore . … Florida courts have repeatedly held that lists comprising information, such as names of patients, blood donors, and customers can qualify as trade secrets. Unistar Corp. v.

McGuire v. Miami-Dade County

418 F. Supp. 2d 1354 · District Court, S.D. Florida · Feb 13, 2006

On its face, the Record of Counseling is clearly a warning and not a disciplinary action in and of itself as it states “be advised that future incidents of this nature or violations of the Miami-Dade County Personnel Rules … Therefore, no causal link between these alleged adverse actions has been established, and this Court finds Plaintiff has failed to establish a prima facie case for retaliation.

Lemus v. Department of Corrections

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

“Clearly established Federal law” means “the holdings, as opposed to the dicta, of [the United State Supreme Court’s] decisions as of the time of the relevant state-court decision.” Williams v. … “[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme] Court.”

Chaney-Everett v. Astrue

839 F. Supp. 2d 1291 · District Court, S.D. Florida · Mar 6, 2012

By limiting Claimant to “unskilled light work,” the ALJ properly accounted for all of her credibly established non-exertional (mental) limitations. … When electing to disregard the opinion of a treating physician, the ALJ must clearly articulate its reasons.” Id.

Coates v. United States Department of Justice

District Court, S.D. Florida · Nov 3, 2020

Under § 1915(e)(2)(B)(i), courts may dismiss as frivolous claims that are “based on an indisputably meritless legal theory” or “whose factual contentions are clearly baseless.” Neitzke v. … Deliberate indifference is established by alleging “(1) subjective knowledge of a risk of - 13 - serious harm; (2) disregard of that risk; (3) by conduct

Gomez v. Public Health Trust of Miami-Dade County, FL

District Court, S.D. Florida · Feb 5, 2024

The transcript of Plaintiffs deposition taken on September 18, 2023, clearly indicates that Gomez did not apply for Family and Medical Leave related to his knee pain on April 5, 2023. See Plaintiff's Depo. … Therefore, he argues the Public Health Trust was on notice of the qualifying condition.

International Fidelity Insurance Co. v. Americaribe-Moriarity JV

234 F. Supp. 3d 1242 · District Court, S.D. Florida · Feb 14, 2017

We have established a ‘strong presumption’ that the lodestar represents the ‘reasonable’ fee”). … Additionally, the term ‘insurer’ is clearly defined under the Florida Insurance Code to include a ‘surety.’ ”) (citing Fla. Stat. Ann. § 624.03 ); see also Snow v.

United States v. Bowdach

414 F. Supp. 1346 · District Court, S.D. Florida · May 22, 1976

The search of defendant’s apartment in the instant case clearly qualifies as a security search. … failure to establish venue within the Southern District of Florida.

Florida International University Board of Trustees v. Florida National University, Inc.

91 F. Supp. 3d 1265 · District Court, S.D. Florida · Mar 4, 2015

The Court finds that this evidence does qualify as an instance of actual consumer confusion which merits greater weight than the email from Puig. … In defense against this claim, FNU argues that FIU has failed to establish that its mark is “famous,” and that FIU has failed to establish that FNU’s mark is likely to cause dilution of FIU’s mark [D.E. 25 at 20-21; D.E.

Cooke v. Singletary

870 F. Supp. 1036 · District Court, S.D. Florida · Nov 15, 1994

Such a failure to investigate cannot qualify as cause for a second petition. Cf. Coleman v. … In other words the facts clearly focused the jury on the high degree of pain and the utter indifference of Scott to the victim’s suffering....

Bradham v. Smith

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

redress against governmental entities, employees, or officers and dismiss the complaint if it (1) is frivolous, malicious, or fails to state a claim upon which relief can be granted or (2) seeks monetary relief from an immune … Nonetheless, under § 1915A, courts may dismiss as frivolous claims that lack any arguable basis either in fact or in law, are “based on an indisputably meritless legal theory,” or “whose factual contentions are clearly

Bacon v. Stiefel Laboratories, Inc.

275 F.R.D. 681 · District Court, S.D. Florida · Jul 21, 2011

Thus, the threshold of knowledge required to qualify a class representative is low. … Plaintiffs’ Second Amended Complaint clearly involves mixed allegations of misrepresentations and omissions.

Beam v. Domani Motor Cars, Inc.

922 F. Supp. 2d 1338 · District Court, S.D. Florida · Feb 11, 2013

Here, the vehicle in question was manufactured in 1970, so Defendant asserts that it qualifies for an exemption from the Act’s disclosure requirements. … Indeed, the language of the regulation exempting cars older than ten years from the disclosure requirements clearly limits the applicability of the regulation to. the disclosure requirements.

Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 68.74.130.142

District Court, S.D. Florida · Dec 9, 2022

Plaintiff has also clearly identified the information sought through the requested discovery by providing Defendant’s IP address. See ECF No. [1-1]. … Because ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5),! ISP shall comply with 47 U.S.C. § 551(c)(2)(B),” by sending a copy of this Order to Defendant. 4.

Arctic Cat Inc. v. Bombardier Recreational Products, Inc.

198 F. Supp. 3d 1343 · District Court, S.D. Florida · Jul 27, 2016

See Halo, 136 S.Ct. at 1931 (quoting Martin, 546 U.S. at 136 , 126 S.Ct. 704 ) (“That language [in § 284] contains no explicit limit or condition, and we have emphasized that the word ‘may’ clearly connotes discretion.”) … BRP’s own cited authorities establish as much. For example, in Modine Mfg. Co. v.

Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 23.122.96.247

District Court, S.D. Florida · Dec 9, 2022

Plaintiff has also clearly identified the information sought through the requested discovery by providing Defendant’s IP address. See ECF No. [1-1]. … Because ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5),! ISP shall comply with 47 U.S.C. § 551(c)(2)(B),” by sending a copy of this Order to Defendant. 4.