Case law

Stolowitz v. Nuance Communications, Inc.

District Court, S.D. Florida · Jun 27, 2022

The Court agrees with Nuance that, under Florida law, the issuance and execution of a search warrant, without further judicial action, does not qualify as a “judicial proceeding” for the purposes of a claim of malicious … Stolowitz fails to establish a prima facie case of retaliation.

United States v. Bellaizac-Hurtado

779 F. Supp. 2d 1344 · District Court, S.D. Florida · Mar 7, 2011

These express Congressional findings are not accompanied by any qualifier that drug trafficking is only problematic if discovered on the high seas. … These and other cases have clearly established the constitutionality of the MDLEA in cases involving drugs found on vessels intercepted in international waters.

General Cigar Holdings, Inc. v. Altadis, S.A.

205 F. Supp. 2d 1335 · District Court, S.D. Florida · Jun 12, 2002

Clearly then, Altadis, S.A. exercises some control over the actions of Altadis U.S.A. As a result, the Court has paused over this issue, hesitant to find that an agency relationship does not exist. … The plaintiff argued that it did not qualify under the applicable statute and therefore the license was unnecessary.

BARGOOT v. The School District of Palm Beach County

District Court, S.D. Florida · Feb 1, 2022

Moreover, the counts are distinctly pled and are clearly separated. … , (2) [s]he was otherwise qualified, and (3) a reasonable accommodation was not provided.”

Medimport S.R.L. v. Cabreja

929 F. Supp. 2d 1302 · District Court, S.D. Florida · Mar 12, 2013

However, as currently pled, Counts 4, 5, 6 and 10 are not clearly independent of the breach of contract claim. … “To qualify as a trade secret, the information that the plaintiff seeks to protect must derive economic value from not being readily ascertainable by others and must be the subject of reasonable efforts to protect its secrecy

BARHAM v. ROYAL CARIBBEAN CRUISES LTD.

District Court, S.D. Florida · Sep 26, 2022

immunity from discovery in Hickman v. … It is beyond dispute that “the work product doctrine provides only a qualified and limited degree of immunity from discovery[.]” Neonode Smartphone LLC v.

Hines v. Publix Super Markets, Inc.

District Court, S.D. Florida · Jul 12, 2023

Clearly, a termination is an adverse employment action. See Crawford, 529 F.3d at 970. … And for a failure to promote, all the elements of a prima facie case, except the first one, are slightly different: a plaintiff must establish: “(1) he is a member of a protected class; (2) he was qualified for and applied

Strike 3 Holdings, LLC v. DOE

District Court, S.D. Florida · Feb 21, 2024

The Court agrees that this finding is clearly erroneous, and that reconsideration is therefore warranted. … The Court finds Plaintiff establishes good cause to serve a third-party subpoena on Comcast Cable (“Comcast”). 5.

ROMERO v. DIAZ-FOX

District Court, S.D. Florida · Aug 16, 2021

Fernandez’s home for two nights a week qualifies as an extended period of time, this exemption does not apply. B. … The parties do not clearly distinguish the allocation of Plaintiff’s work spent on care as opposed to fellowship and protection.

Florida Transportation Service, Inc. v. Miami-Dade County

543 F. Supp. 2d 1315 · District Court, S.D. Florida · Apr 7, 2008

If the plaintiff cannot establish discrimination, then it must demonstrate that the facially nondiscriminatory regulation’s burden on interstate commerce “clearly exceeds” the puta *1326 tive local benefits. … Just like the Virginia statute allowed established motorcycle dealers to block new dealers, the stevedore permit ordinance, as applied, allows established stevedores — through their affiliates’ need assessments — to block

Diamond Miami Corporation v. United States Citizenship and Immigration Services

District Court, S.D. Florida · Oct 8, 2019

A plain reading of the FAQs establishes that a distant relationship, through blood or marriage, must be disclosed. … Here, there is clearly a relationship, even if distant and through marriage, between Hamirani and her brother-in-law’s father. This relationship should have been disclosed.

Florida Immigrant Advocacy Center v. National Security Agency

380 F. Supp. 2d 1332 · District Court, S.D. Florida · Jun 22, 2005

I therefore conclude that the government’s proffered justification for non-disclosure “is sufficiently specific, in light of the substantial weight owned to agency explanations in the context of national security, to qualify … Of Commerce, 69 Fed.Appx. 171, 174 (4th Cir.2003) (“It is well established that discovery may be greatly restricted in FOIA cases.”); Wheeler v.

State Farm Mut. Auto. Ins. Co. v. Health & Wellness Servs., Inc.

389 F. Supp. 3d 1137 · District Court, S.D. Florida · Jun 10, 2018

This case is clearly distinguishable from those cited to by the Defendants. See J.V. by K.V. v. Duval County Sch. Bd. , 3:16-CV-1009-J-34MCR, 2017 WL 4226590 , at *2 (M.D. Fla. … ("Fraudulent conduct in the context of billing for PIP benefits qualifies as a deceptive act for purposes of FDUTPA.")). Again, the Court rejects Dr.

Red Door Asian Bistro v. City of Ft. Lauderdale

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

As to the claims against Gonzalez, we found that he was entitled to qualified immunity because the Plaintiffs couldn’t show that he violated any “clearly established” equal-protection or due-process rights. … (“Gonzalez asserts the defense of qualified immunity. But it need hardly be said that a City official using the permit process to intentionally discriminate based on race violates clearly established law.”

Regina v. The Weiss Gifted and Talented School, Inc.

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

To recap, when the plaintiff’s position has been eliminated, “the plaintiff must [1] show that he was in the protected age group and was adversely affected by an employment decision, [2] establish that he was qualified … establish that the defendant was lying about trying to save money.

Roberts v. Singletary

794 F. Supp. 1106 · District Court, S.D. Florida · Jun 5, 1992

The defendant exhibited to this Court absolutely no evidence of any mental infirmity that could in any way qualify as a mitigating circumstance. … The judge concluded that being on parole qualified as being under a “sentence of imprisonment,” and instructed the jury accordingly.

Bilotti v. Florida Department of Corrections

District Court, S.D. Florida · Apr 29, 2023

(meaning if the state court had not addressed the issue), it would be bound by Davis to find prejudice (assuming trial counsel’s failure to preserve the religious based objection to the State’s peremptory challenge qualifies … The Court agrees with the Report’s conclusion that “[b]ecause the state court’s decision to follow Florida Supreme Court decisions that it was bound to follow (and that were not contrary to clearly established federal law

Leonard v. United States

District Court, S.D. Florida · Mar 9, 2023

Id. at 7:13–22 (“[The Eleventh Circuit held that] violations of Section 893.13(1) of the Florida Statutes . . . qualify under 18 U.S.C. § 924(e) as serious drug offenses[.]”); id. at 10:17 (“F-139735 by case law would qualify … Regarding the deficiency prong, “a petitioner must establish that no competent counsel would have taken the action that his counsel did take” during the proceedings. Chandler v.

Osorio v. Dole Food Co.

665 F. Supp. 2d 1307 · District Court, S.D. Florida · Oct 20, 2009

Of particular note, the Court finds that Special Law 364’s irrefutable presumption of causation, which the Nicaraguan trial court applied in this case, violates clearly established Florida public policy. 1. … The Court found that both of these experts were well qualified to render their opinions and their testimony was especially credible.

Fitzpatrick v. General Mills, Inc.

263 F.R.D. 687 · District Court, S.D. Florida · Jan 11, 2010

Finally, Plaintiffs lead counsel, Coughlin Stoia LLP, is a firm specializing in class actions whose experience and qualifications, and briefs and interactions with this Court in this case, establish that it is qualified to … Individual issues would clearly predominate because much effort would be spent on what representation(s) spurred a particular putative class member to buy Yo-Plus.