Case law

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.

Tiara Condominium Ass'n, Inc. v. Marsh USA, Inc.

697 F. Supp. 2d 1349 · District Court, S.D. Florida · Mar 22, 2010

Richman does not offer any opinion as to the reasonableness of the New York rates sought, nor does it appear that he would he be qualified to do so. Instead, Mr. … Oct. 31, 2006) (court denied an award of paralegal fees where party failed to establish that he was qualified to be compensated as a paralegal).

Miadeco Corp. v. Miami-Dade County

249 F. Supp. 3d 1296 · District Court, S.D. Florida · Apr 10, 2017

Unlike taxicab service[,] Uber assumes primary responsibility for screening potential drivers and hiring only those found to be qualified, and the passengers receive more information ■ in advance about their prospective rides—information … And even assuming- arguendo that there is a burden on interstate commerce, the County has' identified a “legitimate local public interest” in its regulations for TNEs, and those regulations will be upheld absent a “clearly

Chase Federal Savings & Loan Ass'n v. Chase Manhattan Financial Services Inc.

681 F. Supp. 771 · District Court, S.D. Florida · Jul 2, 1987

In 1983, CHMC-SE transferred its active lending functions to its parent, Chase Home Mortgage Corporation, a Delaware corporation which has been qualified to do business in Florida since May 25, 1982. … It has not established a right to use the “Chase” name alone.

London v. Chase Manhattan Bank USA, N.A.

150 F. Supp. 2d 1314 · District Court, S.D. Florida · Apr 30, 2001

(“Wal-Mart”) offer a co-brand *1318 ed credit card to qualified applicants called the “Chase/Wal-Mart Mastercard.” … In assessing whether a particular TILA disclosure is “meaningful,” the law is well-established that it should be assessed objectively, i.e. from the standpoint of the reasonable consumer. See, e.g., Smith v.

Scheer v. City of Miami

15 F. Supp. 2d 1338 · District Court, S.D. Florida · Jul 21, 1998

As Curry clearly demonstrates, it is not the job of a federal court to involve itself with settling disputes as to how the state deals with counting votes after illegal votes are cast. … It has nothing to do with reliance on an established procedure or a change in the election procedures.

Griffin v. Internal Revenue Service

District Court, S.D. Florida · Apr 22, 2024

Further, although the authenticity or existence of those filings are certainly not disputed, some of their contents clearly are. … that the Government’s waiver of sovereign immunity under § 7431 is implicated.

Mt. Hawley Ins. Co. v. Roebuck

383 F. Supp. 3d 1351 · District Court, S.D. Florida · Apr 11, 2019

establish there is no coverage under the Mt. … Hawley policy, it is not undisputed or obvious that Frye's injuries directly or indirectly originated from, flowed from or is connected to Uncle Mick's occupation, use or maintenance of the leased property - an important qualifier

United States v. Ferguson

142 F. Supp. 2d 1350 · District Court, S.D. Florida · Jul 7, 2000

This is because one “who engages in some conduct clearly proscribed cannot complain of the vagueness of the law as applied to others.” Village of Hoffman Estates v. … Poindexter, 859 F.2d 216 (D.C.Cir.1988) (per curiam)(denying the defendants’ petition of mandamus and dismissing appeal, where the district court denied a motion to dismiss claiming that a Congressional grant of “use immunity

Duncan v. North Broward Hospital District

District Court, S.D. Florida · Mar 6, 2024

Plaintiff meets her low burden to establish she was qualified “to perform the job in question.” See Lewis, 918 F.3d at 1220-21. First, Defendant would have rehired Plaintiff for the same job after her separation. … Plaintiff fails to establish she is qualified. First, she indicates she is unable to perform the essential functions of her employment position without a reasonable accommodation.

Burger King Corp. v. Lumbermens Mutual Casualty Co.

410 F. Supp. 2d 1249 · District Court, S.D. Florida · Jun 30, 2005

Id. at 662 (noting that “[a]n exception to the general rule is the doctrine of promissory estoppel, a qualified form of equitable estoppel which applies to representations relating to a future act of the promisor rather than … On December 21, 2004, this Court extended the previously established pretrial schedule and trial date, and set a deadline of March 11, 2005, for the parties to file any dispositive motions in this case.

Schultz v. Royal Caribbean Cruises, LTD

District Court, S.D. Florida · Jun 5, 2020

that she was qualified. … Whether Plaintiff is a Qualified Individual To establish the second element of an ADA discrimination claim, a “plaintiff bears the burden of proving that [he] is a ‘qualified individual with a disability’—

Plain Bay Sales, LLC v. Gallaher

District Court, S.D. Florida · Feb 25, 2022

Grod is not qualified to competently testify; and (4) any value to Ms. … The Court finds that the Plain Bay Parties have not established that Ms. Grod used a reliable methodology in reaching her opinion in this regard. There is insufficient support for her opinions.

Linder v. Calero Portocarrero

747 F. Supp. 1452 · District Court, S.D. Florida · Sep 17, 1990

The Court found that: Under this Article of the Constitution it rests with Congress to decide what government is the established one in a State. … See e.g., In re Baiz, 135 U.S. 403 , 10 S.Ct. 854 , 34 L.Ed. 222 (1890) (federal courts held not to have authority to review the refusal of the Department of State to issue immunity papers to the general counsel of a foreign

Harrington & Co. v. International Longshoremen's Ass'n, Subordinate Local No. 1416

356 F. Supp. 1079 · District Court, S.D. Florida · Apr 5, 1973

As the NLRB found, ILA was implementing a “clearly defined policy calculated to eliminate trade with Cuba.” … II Once the jurisdiction of the District Court is established, it is necessary to determine whether the relief requested in the complaint is appropriate.

Johnny Teixeira Jardim v. Barbara Yailyn Perez Paez

District Court, S.D. Florida · Jan 7, 2026

ECF No. [50] at 6 n.2 (“Respondent concedes in her Proposed Findings of Fact and Conclusions of Law that her “third Affirmative Defense has not been established under law.” ECF No. [49] ¶ 63. … Respondent argues that the affidavits “clearly support Respondent’s rendition of facts which indicated that prior counsel1 for Respondent was presented with ample, in fact, overwhelming evidence that if presented at the

Williams v. Florida Department of Corrections

District Court, S.D. Florida · Jan 20, 2023

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410. … Because the state court’s decision was neither an unreasonable determination of the facts nor contrary to clearly established federal law, Williams is not entitled to relief. See 28 U.S.C. § 2254(d).

Keith Robert Doherty v. Deputy Mark Borrow

District Court, S.D. Florida · Jan 23, 2024

must “dismiss the complaint, or any portion of the complaint,” when it is: (1) “frivolous, malicious, or fails to state a claim upon which relief may be granted”; or (2) “seeks monetary relief from a defendant who is immune … Kubik, 30 F.4th 1241, 1256 (11th Cir. 2022) (“And this Court has clearly established that ‘a custom of allowing the use of excessive force provides the requisite fault, as a persistent failure to take disciplinary action

Falisha Bell v. Miami-Dade County

District Court, S.D. Florida · Jan 27, 2026

To establish a prima facie case of disparate treatment under McDonnell Douglas, a plaintiff must show that she was: (1) a member of a protected class; (2) qualified for the position or entitled to the benefit sought … Next, Plaintiff fails to show that she was qualified for the position she held.

In re Mesa Power Group, LLC

878 F. Supp. 2d 1296 · District Court, S.D. Florida · Jul 13, 2012

NextEra argued in its Motion to Quash that the discovery sought was contrary to the applicable discretionary factors established in Intel Corp. v. … As to the third factor, Mesa Power requested evidence for use in NAFTA arbitration, which functionally qualifies as a “foreign or international tribunal” under section 1782.