Case law

Philippeaux v. Miami Apartments Investors, LLC

District Court, S.D. Florida · Sep 5, 2023

“[A] plaintiff may establish racial discrimination directly or circumstantially.” Ziyadat v. Diamondrock Hosp. Co., 3 F.4th 1291, 1296 (11th Cir. 2021). … Defendants assert that subsections one and two are clearly not supported by the allegations in the Complaint.

Local 1115, Nursing Home, Hospital, Senior Citizens Hotel Union v. Hialeah Convalescent Home, Inc.

348 F. Supp. 405 · District Court, S.D. Florida · Sep 26, 1972

This issue is clearly a “dispute” within the meaning and contemplation of the arbitration clause. … But even assuming that the award clearly demonstrated that the arbitrator ruled on Pay Board regulations, we cannot say with certainty that he exceeded the scope of his authority.

Simmons v. Ford Motor Company

District Court, S.D. Florida · Dec 22, 2021

This argument has no basis under Daubert and ignores the simple fact that Stockton’s opinion alone need not satisfy Plaintiffs’ burden of establishing damages in order for him to be qualified to give testimony in this case … However, a close examination of the Stockton Report clearly indicates otherwise.

Driessen v. University of Miami School of Law Children & Youth Law Clinic

District Court, S.D. Florida · Sep 8, 2021

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). … Because that conclusion was sof clearly erroneous,’ we adopt the R&R on that basis— except that we dismiss the contract claims »7thout prejudice for lack of subject-matter jurisdiction. See Kennedy v.

Meek v. Metropolitan Dade County, Fla.

805 F. Supp. 967 · District Court, S.D. Florida · Sep 11, 1992

In 1957, the City of Miami was the only municipality that qualified to have its own Commissioner. … After the 1960 census, Miami, Miami Beach and Hialeah qualified to have municipally-elected representatives on the County Commission.

Perez v. Sears Life Insurance

968 F. Supp. 2d 1192 · District Court, S.D. Florida · Aug 9, 2013

Perez challenges the accuracy of the Autopsy Report and questions its failure to mention any of the bruises or abrasions on Morales’s chin, groin, arms, or chest, which Perez alleges are clearly evident in the Autopsy Photographs … In addition, Perez has not disclosed any medical expertise qualifying her to present any conclusions regarding the *1201 extent of the injuries her husband may have suffered from the assault or the effect they may have had

United States v. One 1990 Beechcraft 1900 C Twin Engine Turbo-Prop Aircraft

659 F. Supp. 2d 1260 · District Court, S.D. Florida · Sep 25, 2009

To qualify as an “owner” under CAERA, and therefore to have statutory standing, a person must “have an ownership interest in the specific property sought to be forfeited,” 18 U.S.C. § 983 (d)(6)(A), and, of particular significance … Numbers 3034504504 and 144-07148 at Merrill Lynch, Pierce, Fenner and Smith, Inc., 971 F.2d 974 (3rd Cir. 1992) (district court’s finding that corporation was straw owner of accounts owned *1271 and controlled by another not clearly

Jordan v. Filippone

District Court, S.D. Florida · Apr 13, 2021

Martin to be a rebuttal expert, his opinions are not clearly articulated nor is there is any basis on how he reached his conclusions. Plaintiff says, for example, that Dr. … Martin qualifies as a rebuttal expert. But, for the reasons already discussed, the failure to comply with Rule 26 is the most obvious shortcoming in Dr.

Chrystall ex rel. Serden Technologies, Inc. v. Serden Technologies

913 F. Supp. 2d 1341 · District Court, S.D. Florida · Dec 21, 2012

The Delaware courts have quite clearly established that the Rales test applies instead of Aronson when no exercise of business judgment by the board of directors occurs. … Section 141 establishes, in part, that certain powers and duties must be carried out by a corporation’s board.

Jeline Stroman v. Sheriff Gregory Tony and 17th Judicial Circuit Court Broward County

District Court, S.D. Florida · Mar 10, 2026

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). … Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) (“The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.”

Pennington v. Centurion Health Inc.

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

While a defendant sued in his or her official capacity is not permitted to “assert personal immunity defenses” (such as qualified immunity), he or she may avail themselves to “forms of sovereign immunity that the entity … Plaintiff is not permitted to bring an official capacity claim against any of the Defendants because they are all immune from being sued in their official capacities.

United States v. Freeman

139 F. Supp. 2d 1364 · District Court, S.D. Florida · Apr 12, 2001

Queen in February of 2000 when they visited his establishment. Mr. Dear spoke to Mr. Queen again in late March of 2000 when he returned to New York. Mr. Queen asked Mr. … To impose such a requirement confuses ‘telling all’ with qualifying for acceptance of responsibility. These are two very different concepts....

MITSON BY AND THROUGH JONES v. Coler

670 F. Supp. 1568 · District Court, S.D. Florida · Oct 5, 1987

Normally, the Secretary’s interpretation of its regulations must be sustained unless the interpretation is unreasonable or clearly erroneous. … program,” individuals whose excess income might disqualify them from Medicaid, would be permitted to reduce their income by the amount of (in this case) their unreimbursed medical expenses so that they may reach the lower, qualifying

Price v. Carnival Cruise Lines

District Court, S.D. Florida · Jul 13, 2022

§ 39 is similarly unavailing because it contains numerous subparts that are clearly irrelevant. See id. at 4, n.3. … Without any clearly identified industry standard, Mr. Daily’s estimation of the “rise to run ratio” does not establish that the edge profile posed a dangerous condition. See id.

GOLDEN DOOR JEWELRY CREATIONS v. Lloyds Underwriters

888 F. Supp. 1150 · District Court, S.D. Florida · May 10, 1995

Credini and other parties has not been established before the district court. … Clearly Credin is a corporate officer. The coverage exclusion of ¶ 5(A) does not cover acts by officers.

Pollgreen v. Morris

579 F. Supp. 711 · District Court, S.D. Florida · Jan 24, 1984

Recognizing ‘that special conditions exist[ed]’, President Jimmy Carter on April 14, 1980, determined that those persons in the Peruvian Embassy ‘who otherwise qualify may be considered refugees even though they are within … They have asserted it here and the uncontroverted evidence in this record clearly establishes that these plaintiffs did act under duress and coercion in loading the Cuban nationals, leaving Mariel Harbor, and returning to

Rozenblum v. Ocean Beach Properties

436 F. Supp. 2d 1351 · District Court, S.D. Florida · Jun 30, 2006

The sole-charge exception is nothing more than an exception from the percentage limitations on nonexempt work normally required to qualify for the manager exemption. … And, while renting rooms is unquestionably integral to the success of a hotel, this duty clearly was of less importance on Plaintiffs shift.

Chabad of Nova, Inc. v. City of Cooper City

575 F. Supp. 2d 1280 · District Court, S.D. Florida · Jul 29, 2008

Section 1983 provides a cause of action for “person[s] within the jurisdiction” who have been “deprived] of any rights, privileges, or immunities secured by the constitution and laws” of the United States by a person acting … The City has not offered any evidence that the mere desire to avoid the additional cost required to satisfy zoning requirements qualifies as a condition "peculiar to the property.”

Scheinberg v. Smith

482 F. Supp. 529 · District Court, S.D. Florida · Dec 13, 1979

Clearly, a court may properly abstain sua sponte. … The testimony of anonymous witness # 1 established such an instance. 48 . The testimony of anonymous witness # 2 established such an instance. 49 . Cf. Stewart v. Cohen, Civil No. 79-162P (D. Mne.

Butler v. State of Florida

District Court, S.D. Florida · Jun 9, 2025

immunity. … Fla. 2023) (granting motion to proceed anonymously where evidence of actual threats established likelihood of physical violence against plaintiff); Swearingen, 2019 WL 4386936, at *2 (granting motion