Case law

Lamons v. United States

District Court, S.D. Florida · Sep 1, 2020

establishes his predicate offense qualifies as a crime of violence under the elements clause.” … Evidentiary Hearing Movant has the burden of establishing the need for an evidentiary hearing, and he would only be entitled to a hearing if his allegations, if proved, would establish

Perez v. MIAMI-DADE COUNTY, FLORIDA

348 F. Supp. 2d 1343 · District Court, S.D. Florida · Dec 14, 2004

of any State or Territory or the District of Columbia, subject, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Even if the evidence established that Alsbury did intentionally strike Plaintiff, such act clearly was not pursuant to a municipal policy. 2.

Salter v. PHH Mortgage Corp.

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

But merely establishing there were pending foreclosure proceedings when the Payoff Statement was sent does not conclusively establish the litigation privilege applies. … The Florida litigation privilege “affords absolute immunity for acts occurring during the course of juridical proceedings.” Id. at 1274.

United States v. Hernandez

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

But the December 27, 2021 Order includes compliance dates in 2022, clearly contemplating an extension of the Injunction’s provisions. … This is clearly a violation of the Injunction and applicable tax laws and regulations.

Cordova v. Lehman Bros., Inc.

413 F. Supp. 2d 1309 · District Court, S.D. Florida · Jan 17, 2006

Thus, based on Plaintiffs’ allegations this is clearly a class action based upon the statutory or common law of a state. 3. … Thus, the Court found that by the plain language of the statute, the deferred tax variable annuity purchased by Patenaude qualified as a “covered security” within the meaning of SLUSA.

Tefel v. Reno

972 F. Supp. 623 · District Court, S.D. Florida · Jun 24, 1997

It is imperative however, particularly in the context of the proceedings in this case that the distinction be clearly understood. … Clearly, the Court of Appeals, by its own rules, is not the proper forum for the creation of a reviewable record. II.

Flores v. United States

District Court, S.D. Florida · Jun 7, 2023

State Prison, 768 F.3d 1150, 1158 (11th Cir. 2014) (“The petitioner has the burden of establishing his entitlement to equitable tolling[.]”). … Nov. 21, 2022) (“[T]he text of § 2255(f)(3) clearly and unambiguously only applies to new rights ‘recognized by the Supreme Court’—not the Eleventh Circuit or any [other court].”).

Hyde

District Court, S.D. Florida · Oct 15, 2025

The Court held a hearing on Plaintiff’s Motions for Leave to Proceed In Forma Pauperis and determined that Plaintiff qualifies to proceed in forma pauperis. … Dist., 414 F.3d 1313, 1321 (11th Cir. 2005) (“[E]ven in a non-public forum, the law is clearly established that the state cannot engage in viewpoint discrimination––that is, the government cannot discriminate

Bensch v. Metropolitan Dade County

952 F. Supp. 790 · District Court, S.D. Florida · Dec 16, 1996

This is clearly the first type of claim as identified by the Eleventh Circuit, i.e., a Fifth Amendment takings claim. … Such assertions, however, are insufficient to establish that Plaintiffs are entitled to avoid the exhaustion requirement. Belvedere Military Corp. v. County of Palm Beach, 845 F.Supp. 877, 879 (S.D.Fla.1994).

Lewis v. Mavis Tire and Auto Corp

District Court, S.D. Florida · Jul 3, 2025

Feb. 26, 2019) (stating that a district judge “evaluate[s] portions of the R & R not objected to under a clearly erroneous standard of review” (citing Davis v. Apfel, 93 F. Supp. 2d 1313, 1317 (M.D. … “To establish a prima facie case of retaliation under Title VII, a plaintiff must show that (1) he engaged in statutorily protected expression; (2) he suffered an adverse employment action; and (3) there is some causal

Zemmel v. DSCC, LLC.

District Court, S.D. Florida · Jul 18, 2023

Crucially here, “[u]nder Florida law, ‘a promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.’” Bhim v. … Regardless, the Plaintiff’s factual allegations clearly establish a period of negotiation between the parties and an ultimate agreement relating to her pay raise and continued employment. (Am. Compl. ¶¶ 21-29.)

Saintil v. Florida Department of Corrections

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

As such, “[a]t the pleading stage . . . a Title VII complaint ‘need not contain specific facts establishing a prima facie case.’” Id. (quoting Jackson v. … Termination is also clearly an adverse action. Id.

Vision I Homeowners Ass'n, Inc. v. Aspen Specialty Insurance Company

674 F. Supp. 2d 1333 · District Court, S.D. Florida · Dec 22, 2009

In reply, Aspen argues that the failure to make the repairs was not due to any failure by the insured — it was the Plaintiffs failure to timely present the claim that bars it from qualifying for these coverages. … Whether calculating the 180 day time period from the date of loss on October 24, 2005, or the date Vision I provided its first notice of loss to Aspen in June of 2006, Vision I’s request for RCV coverage in November of 2007 clearly

In Re Chiquita Brands International, Inc.

792 F. Supp. 2d 1301 · District Court, S.D. Florida · Jun 3, 2011

Plaintiffs argue that this “core norm” against terrorism is clearly established and widely accepted under customary international law. … Second, the norms in the Financing Convention are not well-established.

Hall v. Deas

District Court, S.D. Florida · Nov 23, 2022

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 … Providing a tip to law enforcement and testifying in a judicial proceeding are not actions within “the exclusive prerogative of the state,” and so the public function test clearly does not apply.

Dudley v. Metro-Dade County

989 F. Supp. 1192 · District Court, S.D. Florida · Oct 25, 1997

LEGAL STANDARD The procedure for disposition of a summary judgment motion is well established. … Clearly, there were occasions between February and April when Dudley and Hood interacted with each other because no other supervisor was available.

Fabricant v. Roebuck

202 F.R.D. 310 · District Court, S.D. Florida · Jun 29, 2001

Rule 23 clearly contemplates certifying class actions on certain issues. Fed.R.Civ.P. Rule 23(c)(4). … finding contract by unlicensed mortgage broker illegal and void); see also In re Ripon City, 102 F. 176, 183 (5th Cir. 1900) (“any contract which undertakes ... to put in charge ... any unlicensed person — no matter how well qualified

Mitchell v. Kijakazi

District Court, S.D. Florida · Oct 19, 2023

If the claimant establishes an inability to return to past relevant work, the inquiry turns to step five. … Cairns’ statement qualifies as a “medical opinion.” Regardless, even if Dr.

Potter v. Potnetwork Holdings, Inc.

District Court, S.D. Florida · Mar 30, 2020

These products are clearly not “essentially the same.” … Second, the mere fact that Potter also brings a FDUPTA claim “does not establish that Plaintiffs have an adequate remedy at law.” Id.

Calder Race Course, Inc. v. Illinois Union Insurance

714 F. Supp. 1183 · District Court, S.D. Florida · May 12, 1989

Here, Illinois Union argues, it clearly desired to pay its policy limits and prevent the running of interest, but Mutual Fire’s control of the appeal prevented such an option. … But case law has also established that each insurance carrier that is contractually and legally obligated to an insured should remain so bound. Aetna Casualty & Surety Co. v. Market Ins.