Case law

Jackson v. The Florida Department of Corrections (FDOC), INC.

District Court, S.D. Florida · Apr 8, 2020

In its Order, the Court specifically instructed Plaintiff as follows with respect to an amended pleading: Plaintiff must state clearly the actions each named … “To establish a prima facie case under section 3 of RLUIPA, a plaintiff must demonstrate (1) that he engaged in a religious exercise; and (2) that the religious exercise was substantially burdened.” Gardner v.

In Re Beck

526 F. Supp. 2d 1291 · District Court, S.D. Florida · Dec 6, 2007

The Supreme Court went on to qualify its holding on the propriety of judges engaging in such extra-judicial service. … The Vesting Clause It is well established that laws passed by Congress and duly signed by the President are presumed constitutional.

Biscayne Federal Savings & Loan Ass'n v. Federal Home Loan Bank Board

572 F. Supp. 997 · District Court, S.D. Florida · Sep 9, 1983

The fact remains, however, that this record clearly establishes in the Court’s view that from March 17 until April 6 it was only a question of what alternative would be recommended by the staff to the Board. … The Court believes that neither McGuirk or Croft knew that the projections were based on “clearly erroneous assumptions”.

Vas Aero Services, LLC v. Arroyo

860 F. Supp. 2d 1349 · District Court, S.D. Florida · May 18, 2012

“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the ‘burden of persuasion’ as to all four elements.” Davidoff & CIE, SA v. … Drbul, 669 So.2d 1076, 1078 (Fla. 3d DCA 1996) (confidential active customer list that contained a detailed purchasing history for each entity qualified as a trade secret entitled to injunctive protection); Thomas v.

TAIG v. CITY OF VERO BEACH

District Court, S.D. Florida · Feb 15, 2022

To establish deliberate indifference, a plaintiff must show that the municipality knew of a need to train or supervise in a particular area and made a deliberate choice to take no action. Gold v. … immunity, and because the Amended Complaint is a shotgun pleading and fails to state a claim upon which relief can be granted.

Marius v. Iberia Bank

District Court, S.D. Florida · Feb 18, 2025

The Act then enumerates establishments which fit the definition: (a) Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located … any such covered establishment, and which holds itself out as serving patrons of such covered establishment.

Stowell v. Ted S. Finkel Investment Services, Inc.

489 F. Supp. 1209 · District Court, S.D. Florida · Mar 31, 1980

Once the movant establishes these facts the burden shifts to the non-moving party to either set forth genuine facts in issue or establish their entitlement to judgment as a matter of law. … As movants, the burden was clearly theirs.

Bloom v. AH Pond Co., Inc.

519 F. Supp. 1162 · District Court, S.D. Florida · Jul 27, 1981

the defendant, if found within the state, by an officer authorized to serve legal process, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified … Furthermore, unlike the nonresident in Harlo, the nonresident corporation herein has clearly exercised its privilege of conducting business within Florida. 6 In Hyco Manufacturing Co. v.

Haynes v. Martin Correctional Institution

District Court, S.D. Florida · Apr 24, 2025

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 … “A party seeking joinder of claimants under Rule 20 must establish two prerequisites: (1) a right to relief arising out of the same transaction or occurrence, or series of transactions or occurrences, and (2) some question

Johnson v. Castillo

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

(2), a case is subject to dismissal if a court determines the action is: (1) “frivolous or malicious,” (2) “fails to state a claim on which relief may be granted,” or (3) “seeks monetary relief from a defendant who is immune … “While the Smith Court determined that it was unnecessary to show actual malice to qualify for a punitive award, . . . its intent standard, at a minimum, required recklessness in its subjective form.” Kolstad v.

Rodriguez

District Court, S.D. Florida · Aug 13, 2026

Because “[a] preliminary injunction is an extraordinary and drastic remedy,” the movant “bears the burden of persuasion to clearly establish all four of these prerequisites.” Wreal, LLC v. … “In this Circuit, a preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion as to each of the four prerequisites.”

Brown v. State of Florida

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

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 409–10. … The petition’s sole ground for relief is meritless because it is clearly and conclusively refuted by the record.

Radzinskaia v. NH Mountain, LP

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

In re Immune Pharms. Inc., 635 B.R. 118, 124-25 (Bankr. D. N.J. 2021) (quoting Chapel Invs., 177 F. Supp. 3d at 990). … Even if Sirota qualifies as a broker, it does not follow that Anderson’s association with Sirota would also qualify Anderson as a broker.

In Re Denture Cream Products Liability Litigation

795 F. Supp. 2d 1345 · District Court, S.D. Florida · Jun 13, 2011

Kumar and found that some of the conditions reported in the case reports may be "less clearly causally related to copper deficiency." (Nelson Rep. 10-11 (citing S.R. Jaiser et al., Copper Deficiency Myelopathy, J. … No, I don't believe that there's a scientifically established mechanism.

Future Tech International, Inc. v. Tae Il Media, Ltd.

944 F. Supp. 1538 · District Court, S.D. Florida · Jul 18, 1996

First, we decide whether Hall established “minimum contacts” with Florida. … Here, however, there is no suggestion that the alleged conduct on the part of the Defendants is entitled to a qualified privilege similar to that afforded employers who communicate information about former employees.

Silver v. CITY OF PEMBROKE PINES

District Court, S.D. Florida · Jul 15, 2022

Although Plaintiff has provided little to no argument as to why these latter two events constitute adverse employment actions, his transfer from detective to road patrol clearly qualifies as such. … More importantly, the factual record clearly establishes serious performance issues existed, which is the stated reason for Defendant’s decision to move Plaintiff to road patrol.

McCormick v. Martin

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

Under § 1915(e)(2), a case is subject to dismissal if the action is: (1) “frivolous or malicious,” (2) “fails to state a claim on which relief may be granted,” or (3) “seeks monetary relief from a defendant who is immune … Martin Plaintiff fails to clearly identify retaliation as a basis for relief against Defendant Sgt. Martin. However, the facts alleged — that Defendant Sgt.

Dockeray v. Carnival Corp.

724 F. Supp. 2d 1216 · District Court, S.D. Florida · May 11, 2010

This inability to bring a Seaman’s Wage Act claim certainly qualifies as a “prospective waiver” of rights.... Moreover, there is no assurance of an “opportunity for review” of Thomas’s Seaman’s Wage Act claim. … With this background in mind, and because Dockeray’s agreement contains a clearly written and stand-alone severability clause, the Court, having reviewed the various decisions of the Southern District of Florida, adopts Judge

Shaik v. Tokmedia Enterprises LLC

District Court, S.D. Florida · Mar 8, 2025

Although the affidavit “need not show that the litigant is ‘absolutely destitute’ to qualify for indigent status under § 1915,” it must show that “the litigant, because of his poverty, is unable to pay for the court fees … Plaintiff Does Not Establish Subject Matter Jurisdiction The Complaint does not convince the Court of its subject matter jurisdiction.

Carn v. State of Florida

District Court, S.D. Florida · Oct 24, 2024

Even if the video qualifies as new evidence, it is insufficient to support Petitioner’s actual innocence gateway claim. … Still, even if the excluded video qualifies as new reliable evidence, considering all the evidence in the record, the Court cannot find that the entirety of the record establishes “a constitutional violation [that] has