Case law

Lakhani v. IRIS M. MEDVIN INTER VIVOS DECLARATION OF TRUST dated January 3, 2013

District Court, S.D. Florida · Mar 12, 2025

Plaintiff is a “qualified individual with disabilities under the ADA” and requires a wheelchair for mobility. … Insofar as they relate to well- established law, Plaintiff’s arguments are ostensibly correct.

United States Sugar Corporation v. Commerce and Industry Insurance Company

District Court, S.D. Florida · Apr 3, 2023

Rather, it appears that the parties agree that the damages alleged in the Underlying Complaint would qualify, at the least, as Property Damage under the Policy, and the Underlying Lawsuit would qualify as a Suit. 2. … not qualify as “Defense Expenses” and were not submitted to C&I for approval.

Boca Raton Community Hospital, Inc. v. Tenet Healthcare Corp.

502 F. Supp. 2d 1237 · District Court, S.D. Florida · Aug 2, 2007

This is not the same as determining the amount of outliers Tenet would have received if it had charged some lesser reasonable amount for its inpatient care that would not qualify as a theft. … Clearly, the statute does not envision paying out additional reimbursements merely for a hospital’s charges that exceed a certain threshold.

Paulk v. Bradshaw

District Court, S.D. Florida · Mar 21, 2022

Plaintiff has established that he cannot at present pay even the partial filing fee. … The Eleventh Circuit, thus, has established that shotgun pleading is an unacceptable form of establishing a claim for relief. Strategic Income Fund, LLC v.

Certain Underwriters at Lloyd's of London Subscribing to Policy No. 80901LH1827981000 v. Black Gold Marine, Inc.

District Court, S.D. Florida · Oct 6, 2022

Instead, Underwriters’ legal authority concerns only the relevance of evidence which might establish a potential insured’s knowledge of a material fact which must be disclosed to a potential insurer. … The Undersigned does not appreciate that type of tactic, which is clearly improper.

Bravo v. United States

403 F. Supp. 2d 1182 · District Court, S.D. Florida · Nov 30, 2005

While a consideration of these many factors is not inappropriate, they must yield to the clear unambiguous language of the contract which in this case clearly establishes the authority of the United States to control the … Kushner — and which authority they clearly exercised.

Cohan v. OC1 of Delray, LLC

District Court, S.D. Florida · Oct 27, 2023

Here, Plaintiff has more than adequately alleged that he suffers from a qualified disability under the ADA. [D.E. 1 at ¶ 6]. … Plaintiff has clearly stated a claim for relief under the ADA.

McCarthy v. St. Lucie County Board of Commissioners

District Court, S.D. Florida · Sep 10, 2023

Specifically, the Report concludes that Defendant Baker is entitled to qualified immunity on Plaintiff’s Section 1983 claim because, in the absence of any controlling case law, Defendant Baker “lacked ‘fair notice … All of this is likely true as a factual matter, but the allegations in the Amended Complaint, taken as a whole, remain sufficient to plausibly establish that, despite the notice provided to St. Lucie County, St.

Edmonds v. Levine

417 F. Supp. 2d 1323 · District Court, S.D. Florida · Feb 14, 2006

To do so clearly violates the federal act. … Their poverty qualifies them for participation in the Florida Medicaid program, which guarantees them prompt access to essential medical services.

Morales v. Attorneys' Title Insurance Fund, Inc.

983 F. Supp. 1418 · District Court, S.D. Florida · Jul 3, 1997

The consumer, however, has no legal right to pay any rate other than the one established by the PSC. The appellants in the instant cases paid utility rates established by the PSC’s. … Clearly that formula does not call upon the court to establish a hypothetical reasonable rate nor does the formula provide for a refund [to the plaintiffs] of an alleged “overcharge.” 17 The Court notes that the plaintiffs

Accelerant Specialty Insurance Company v. BALLARD

District Court, S.D. Florida · Apr 17, 2025

For purposes of complying with this warranty, all installation, maintenance, certification, tagging, weighing, and recharging must be conducted by a duly licensed and qualified individual whose … The fire suppression warranty clearly states that the fire suppression equipment must be weighed, certified, and tagged at least annually.

Buonomo v. Jetblue Airways Corporation

District Court, S.D. Florida · Dec 22, 2023

“[W]hen the opinions clearly demonstrate something about the expert’s methodology, . . . the court can draw inferences about the methodology from the opinions.” McClain v. … Buonomo failed to establish how the probative value of Dr. Namias’ analysis is substantially outweighed by danger of unfair prejudice or confusion of the issues.

Chevaldina v. Katz

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

claims; it was an order notifying Chevaldina of the deficiencies in her complaint, instructing her to file an amended complaint, dismissing the First Amendment claim, and dismissing Judge Williams—who was clearly … entitled to judicial immunity—as a party.

ANDELA v. University of Miami

692 F. Supp. 2d 1356 · District Court, S.D. Florida · Mar 8, 2010

On June 23, 2009, the Florida Department of Financial Services found that the State of Florida bore no legal liability for Andela’s tort claims due to sovereign immunity. Id. at 91. E. … It has already been established that UM did not discriminate against Andela at any time. Accordingly, UM is granted summary judgment with respect to Claim 23. B.

Gautier v. Monta

District Court, S.D. Florida · Nov 2, 2023

Courts only have the power to exclude evidence in limine if that evidence is “clearly inadmissible on all potential grounds.” Id. … The Defendants argue that “the speed indicator included in the top right frame of the dash camera footage” should be excluded because “no evidence has been brought forward establishing [its] re[]liability . . .

Succar v. Dade County School Board

60 F. Supp. 2d 1309 · District Court, S.D. Florida · Aug 24, 1999

Clearly, the end of this ill-fated relationship brought with it hurt feelings and bruised egos — perfect ingredients for the bearing of a grudge. … Absent direct evidence, Plaintiff must establish, at a minimum, a prima facie case of disparate treatment in order to prevail on his discrimination claim.

Hernandez-Perez

District Court, S.D. Florida · Nov 5, 2025

The state court is not required to issue an opinion explaining its rationale, because even the summary rejection of a claim, without explanation, qualifies as an adjudication on the merits which warrants deference. … Because the “AEDPA erects a formidable barrier to federal habeas relief for prisoners whose claims 4 “Clearly established Federal law” consists of the governing legal principles, rather than the dicta, set forth in the

NationsBenefits, LLC v. Brady

District Court, S.D. Florida · Aug 7, 2025

“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the burden of persuasion as to each of the four prerequisites.” … [v]aluable confidential business or professional information that otherwise does not qualify as trade secrets [and] [s]ubstantial relationships with specific prospective or existing customers, patients, or

United States ex rel. Bumbury v. Med-Care Diabetic & Medical Supplies, Inc.

101 F. Supp. 3d 1268 · District Court, S.D. Florida · Mar 9, 2015

Health Coal, Inc., 745 So.2d 510, 511-12 (Fla.Dist.Ct.App.1999) (“A failure to remember ... does not rebut clearly set-out assertions.... ”). … Notwithstanding this temporary prejudice, finding qualified attorneys to sign on to a ease where a substantial portion of the work has already been performed would seem to be anything but impossible.

Oravec v. Sunny Isles Luxury Ventures L.C.

469 F. Supp. 2d 1148 · District Court, S.D. Florida · Jul 24, 2006

Orevac responds that Trump clearly has a financial interest in the buildings by virtue of the licensing agreement. … From this, Defendants argue that Oravec clearly abandoned or waived any interests in all of his design work relative to this case.