Case law

Ames v. Provident Life & Accident Insurance

942 F. Supp. 551 · District Court, S.D. Florida · Aug 26, 1994

Counsel’s general objection to the civil theft Counterclaim going to the jury does not qualify as an objection to the underinclusiveness of the instruction. … Novak clearly testified that he considered the 70% gross billings method to be an appropriate indicator of income. (Trial Transcript at 273).

Athos Overseas Limited Corp. v. YouTube, Inc.

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

Actual or Red-Flag Knowledge Although the Eleventh Circuit has yet to interpret the knowledge provisions of the § 512(c) safe harbor, both the Second and Ninth Circuit have clearly established … Without this evidence, Athos cannot establish red-flag knowledge. See Vimeo, 972 F.

Singh ex rel. Singh v. Caribbean Airlines Ltd.

49 F. Supp. 3d 1108 · District Court, S.D. Florida · Sep 18, 2014

The CAL Safety Manual clearly indicates Me-dAire/Medlink offers recommendations and assumes liability for the advice it gives. … In light of all of the evidence presented at trial, the undersigned concludes Plaintiffs have not established Mr.

Karpiel v. FRL Automotive LLC

District Court, S.D. Florida · Jul 9, 2025

Peek Standard As a preliminary matter, Defendant concedes that it is “unable to move for dismissal under Rule 12 because the Complaint withholds the critical facts that would establish … Because of this overlap, bifurcation would not meaningfully limit the scope of discovery and would instead invite discovery disputes and motion practice over what qualifies as “individual” versus “class” discovery.

Hollywood Community Synagogue, Inc. v. City of Hollywood

436 F. Supp. 2d 1325 · District Court, S.D. Florida · Jun 26, 2006

There, the City of Jacksonville created a zoning scheme that allowed adult entertainment establishments to operate as of right in only one zone; such establishments were allowed to operate in a second zone only if the zoning … The Eleventh Circuit has held that Florida law clearly favors the severance of invalid portions of a law from the valid ones, where possible. Coral Springs Street Systems, Inc. v.

Naval Logistics, Inc. v. M/V Petrus

District Court, S.D. Florida · Oct 11, 2024

MPM’s submitted evidence on this summary judgment record clearly establishes damages, as it only received a payment of $10,075.55 of the contractually agreed upon price of $91,529.30 for the services it provided to the … “For a party to establish a maritime lien in a vessel: (1) the good or service must qualify as a ‘necessary’; (2) the good or service must have been provided to the vessel; (3) on the order of the owner or agent; and (4

Williams Island Synagogue, Inc. v. City of Aventura

358 F. Supp. 2d 1207 · District Court, S.D. Florida · Feb 24, 2005

No reasonable trier of fact could find that a substantial burden is imposed on Plaintiff’s members’ religious beliefs in their current location The Eleventh Circuit, with emphasis added, has explained clearly that a substantial … Instead, Plaintiff argues, without citation to the ease or further explanation, that, as the decision in Midrash Sephardi makes clear, the issue which this Court must address is not whether the “party room” qualifies as an

Mamani v. Berzaín

21 F. Supp. 3d 1353 · District Court, S.D. Florida · May 20, 2014

In the second order, the Court rejected Defendants’ jurisdictional challenges under the political question doctrine, the act-of-state doctrine, and head-of-state immunity. … As the Supreme Court explained: For us to run interference in ... a delicate field of international relations there must be present the affirmative intention of the Congress clearly expressed.

National Advertising Co. v. City of Miami

287 F. Supp. 2d 1349 · District Court, S.D. Florida · Sep 25, 2003

Next, the previous analysis clearly establishes that the second and third prongs of the O’Brien test are satis *1377 fied. See discussion supra Parts V.B.1-2. … Conclusion The Supreme Court has clearly stated that while billboards constitute “a well-established medium of communication, used to convey a broad range of different kinds of messages,” the fact remains that “whatever its

Lobo v. Celebrity Cruises, Inc.

426 F. Supp. 2d 1296 · District Court, S.D. Florida · Mar 27, 2006

If there is no evidentiary hearing, courts will allow a plaintiff to carry the burden by establishing facts, taken as true, that establish venue. Kozial v. … Adams, 532 U.S. 105 , 121 S.Ct. 1302 , 149 L.Ed.2d 234 (2001), established that employment contracts qualify as “contracts evidencing a transaction involving interstate commerce” under the FAA.

Israel v. Grand Peaks Property Management, Inc.

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

Israel could establish a prima facie case and turns to the issue of reasonable accommodation. … Rather, as discussed above, the record clearly shows that Grand Peaks offered a reasonable accommodation to Ms.

Malgeri v. Vitamins Because LLC

District Court, S.D. Florida · Apr 20, 2022

Frazier, 387 F.3d 1244, 1260 (11th Cir. 2004) (“The burden of establishing qualification, reliability, and helpfulness rests on the proponent of the expert opinion, whether the proponent is the plaintiff or the defendant … Because any opinion that Vitamins Because violated FDA regulations is clearly a legal conclusion which Dr.

Noah's Wholesale, LLC v. COVINGTON SPECIALTY INSURANCE COMPANY

District Court, S.D. Florida · Mar 13, 2020

The insurer must “demonstrate the connection to possible litigation concretely enough to assure a court that it is not simply trying to immunize from discovery its routine claims processing material.” … finding that a reservation of rights letter, along with a request for the insured to provide additional information, showed that the insurance company was “still in the information gathering mode” and “[s]uch activity clearly

Tancogne v. Tomjai Enterprises Corp.

408 F. Supp. 2d 1237 · District Court, S.D. Florida · Nov 15, 2005

A preliminary injunction is an “extraordinary and drastic remedy” and will not be granted unless the movant clearly establishes the burden of persuasion as to the four prerequisites. McDonald’s Corp. v. … None of these competing products uses the combination trademark term “Fair & White,” or “Paris Fair & White,” and therefore do not qualify as third-party use.

Garrett-Graham v. Garrett

District Court, S.D. Florida · May 22, 2025

extent these new clarifications regarding the Complaint could fall under Rule 60(b)’s catchall provision, Plaintiff has not shown how the Court’s failure to consider a claim that was not stated in the Complaint would qualify … “[I]n the alternative” Plaintiff “asks for leave to amend and establish clearly the federal causes of action should the submitted complaint [be deemed] deficient on its face.” ECF No. [8] at 1.

Hyundai Motor America Corporation v. North American Automotive Services, Inc.

District Court, S.D. Florida · Nov 14, 2022

Smith is clearly qualified to testify about the repair orders and related documents as they relate to Theta II engine failures, especially in light of his expertise regarding 8 … Smith cannot testify that the repair invoices establish that Defendants committed fraud or make any legal conclusions whatsoever. V.

Dixon v. Countrywide Home Loans, Inc.

710 F. Supp. 2d 1325 · District Court, S.D. Florida · May 7, 2010

Plaintiff cannot allege that he relied on any misrepresentations regarding his income nor can he allege that he suffered an injury based on this reliance ... if the Plaintiff was unaware of the use of an inflated income to qualify … As such, to the extent that Plaintiff seeks monetary damages under TILA, the Court agrees with Defendant and concludes that such a claim is clearly time barred by the one-year statute of limitation.

U.S. Structural Plywood Integrity Coalition v. Forestwood Industries, Inc.

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

And, following Plywood I, the license issuance was clearly covered under the Lanham Act’s zone of interests analysis. … adequate to establish their claims.

Lawson v. Montoya

District Court, S.D. Florida · Aug 11, 2023

Plaintiff admits, right off the bat, that he has filed dozens of meritless cases in federal court and that he qualifies as a “three-strike” litigant under 28 U.S.C. § 1915(g), but insists that he meets the “imminent danger … 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

Centre Hill Courts Condominium Association, Inc. v. Rockhill Insurance Company

District Court, S.D. Florida · Jan 27, 2020

James is qualified. … Defendant clearly has not met its burden of demonstrating the admissibility of any meteorological opinions Mr. Ashworth intended to offer. Thus, Plaintiff’s Daubert Motion is granted as to Mr.