Case law

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.

Recondition Geek NA LLC v. Drip Capital, Inc.

District Court, S.D. Florida · Sep 3, 2026

Thus, this factor does not establish a reason to defer to a New York state court. … Defendant correctly notes that an affirmative defense can support dismissal when the defense clearly appears on the face of the complaint. Quiller v. Barclays Am.

Securities & Exchange Commission v. Graham

21 F. Supp. 3d 1300 · District Court, S.D. Florida · May 12, 2014

Accordingly, where Congress “clearly states that a threshold limitation on a statute’s scope shall count as jurisdictional, then courts ... will be duly instructed and will not be left to wrestle with the issue. … much to protect a defendant’s case-specific interest in timeliness as to achieve a broader system-related goal such as facilitating the administration of claims, limiting the scope of a governmental waiver of sovereign immunity

Stansell v. Revolutionary Armed Forces of Colombia

District Court, S.D. Florida · Oct 18, 2022

Read cohesively, the Eleventh Circuit’s precedent clearly establishes that the fugitive disentitlement doctrine may be appropriate as a basis by which to deny affirmative relief, in the form of an appeal, a lawsuit, or … The Court clearly (and repeatedly) ordered Mr. Lopez to appear for his deposition. (ECF Nos. 523 at 5, 527 at 2).

Perez v. United States

883 F. Supp. 2d 1257 · District Court, S.D. Florida · Aug 7, 2012

The evidence in this case clearly established that the VA was the sole 118 provider of psychiatric care to Perez since the beginning of his delusional descent in early 2006, and that Dr. … Manov and the VA, including what should have been appropriate medication, to manage a clearly established serious mental illness; when that care fell below the prevailing standard in the community, Perez was unable to resist

Jackson v. Alto Experience, Inc.

District Court, S.D. Florida · Feb 12, 2024

Accordingly, the Act establishes that no covered entity “shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge … Moreover, there is a clearly marked “X” in the box next to the FCHR dual-filing option, [ECF No. 19-1] at 2.

Alexander v. Secretary, Florida Department of Corrections

District Court, S.D. Florida · Jan 31, 2021

Under that provision, a federal court may grant habeas relief from a state court judgment only if the state court’s decision on the merits was (1) contrary to, or an unreasonable application of, clearly established federal … Thus, the Fourth DCA’s silent affirmance presumptively qualifies as an adjudication on the merits.

Brown v. Crosby

249 F. Supp. 2d 1285 · District Court, S.D. Florida · Mar 19, 2003

Under these procedures, an intake officer screens the juvenile to determine whether he qualifies for admission to the center. See E.H.12 at 76. The juvenile is then checked for “injuries, bruises or anything.” … This tactic, however, in and of itself, does not establish that a confession is coerced. See Holland v.

SCLAFANI v. CITY OF MARGATE

District Court, S.D. Florida · Jul 6, 2023

was treated less favorably than a younger, similarly situated employee; and (4) he was qualified to do the job. … Georgia Dep’t of Human Res., 355 F.3d 1277, 1279-80 (11th Cir. 2004) (“[J]udicial claims are allowed if they amplify, clarify, or more clearly focus the allegations in the EEOC complaint.”)

Florida Wildlife Federation v. United States Army Corps of Engineers

401 F. Supp. 2d 1298 · District Court, S.D. Florida · Sep 30, 2005

permit as rapidly as possible, cannot be sufficient to establish a project’s independent utility, without independent evaluation by the agency based on record evidence. … In fact, only the contrary conclusion' — that the establishment of Scripps will be growth inducing — is supported by the record.

Smith v. Department of Corrections, State of Florida

District Court, S.D. Florida · Aug 20, 2024

In the context of habeas petitions, “clearly established Federal law” refers to the holdings of the Supreme Court’s decisions as of the time of the relevant state court decision. Hall v. … Therefore, Petitioner necessarily cannot establish that the state court’s ruling: 1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined

Stern v. O'Quinn

253 F.R.D. 663 · District Court, S.D. Florida · Aug 29, 2008

Plaintiff argues that the response is insufficient because the qualified denial is too general, and it is not possible to determine whether it is a full denial or a partial denial. … Defendants disagree and state that O’Quinn has clearly denied the statements in Requests 9 through 16.

Waste Corp. of America, Inc. v. Genesis Ins. Co.

382 F. Supp. 2d 1349 · District Court, S.D. Florida · Aug 5, 2005

The public policy prohibition merely provides the framework for deciding whether the policy requirements of “loss” and “wrongful act” have been established. … The mismanagement claims were thus clearly within the ambit of the breach of contract claims made by McNamara.

Wentz v. Kindred Hospitals East, L.L.C.

333 F. Supp. 2d 1298 · District Court, S.D. Florida · Aug 4, 2004

It was first established as a “primary payer for medical services supplied to a beneficiary,” regardless of whether other insurance was available. Zinman v. Shalala, 67 F.3d 841, 843 (9th Cir.1995). … Evanston, a case in which a hospital sued a state agency to reimburse Medicaid funds and collect from a former patient, is clearly inapposite.

Dent v. Giaimo

665 F. Supp. 2d 1295 · District Court, S.D. Florida · Oct 20, 2009

Jolivert-Dorsey admitted that at the time she filed the case, she did not have any supporting case law in which a local doctor’s office qualified under the FLSA. … This determination is binding precedent, and clearly establishes that the mere fact that 70% of Defendant’s patients arrived from out-of-state is not enough to make treating them intrastate an interstate activity, Ms.

Rubenstein v. Florida Bar

72 F. Supp. 3d 1298 · District Court, S.D. Florida · Dec 9, 2014

As addressed (in a different procedural posture) in the Court’s previous opinion and order on the justiciability of Plaintiffs’ claim, the record clearly establishes that the Guidelines are the Bar’s interpretation and application … The court did not qualify its holding to the plaintiff himself. 7 Id. at 959. Courts have routinely followed this same pattern in adjudicating First Amendment issues other than the regulation of attorney communication.

Kleckley v. State of Florida

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

To establish the first prong (deficiency), “a petitioner must [show] that no competent counsel would have taken the action that his counsel did take[.]” Chandler v. … (“Clearly, Petitioner was not prejudiced by counsel’s supposed failure to inform the court of the purported conflict.”).

De Fernandez v. CMA CGM S.A.

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

Whatever can be made of this apparent conflict in the law, the Estate Plaintiffs provide no authority establishing the property within an estate is still vested in the decedent. … If Congress meant for this limitation to apply to § 6082 claims, it clearly knew how to say so. Id.

Fons v. Acting Commissioner of Social Security

District Court, S.D. Florida · Aug 25, 2020

With good cause, however, “an ALJ may disregard a treating physician’s opinion, but [the ALJ] must clearly articulate the reasons for doing so.” … On remand, the ALJ shall re-evaluate and either clearly articulate sufficient justifications for discounting Dr.

Ray Baillie Trash Hauling, Inc. v. Kleppe

334 F. Supp. 194 · District Court, S.D. Florida · Oct 29, 1971

Awards will then be made to the best qualified supplier, price and other factors considered. … The fact that SBA instituted its subcontracting program for “socially or economically disadvantaged persons” in 1968 at a time when its original 8(a) regulation spoke clearly to other purposes and unequivocally required the