Case law

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

Ferguson v. Miami Dolphins

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

While such facts could conceivably qualify as “new evidence,” in support of reconsideration on the basis of that evidence, they cannot serve as a basis for establishing that the Court erred in its assessment or conclusions … The Plaintiffs’ own presentation, then, shows that the permitting requirements for the two venues are clearly materially distinguishable.

Sharp v. Wenski

District Court, S.D. Florida · Mar 31, 2025

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see also Mitchell … Sharp’s 117-page compilation of documents, pictures, and word salad clearly falls into Embree’s second and third categories of shotgun pleadings.

Sanchez, Lorenzo v. State of Florida

District Court, S.D. Florida · Aug 31, 2025

The state court is not required to issue an opinion explaining its rationale, because even the summary rejection of a claim, without explanation, qualifies as an adjudication on the merits which warrants deference. … established Federal law, as determined by the Supreme Court of the United States;” 1 or, (2) “based on an unreasonable determination 1 “[C]learly established Federal law” consists of the governing legal principles, rather

United States v. Bogle

689 F. Supp. 1121 · District Court, S.D. Florida · Jun 25, 1988

In furtherance of the establishment of a uniform determinate federal sentencing system, the Act establishes a Commission to promulgate for all federal crimes binding rules, characterized as “Guidelines,” and non-binding interpretive … The political question doctrine perhaps most clearly embodies this concept of judicial separateness.

Ragan, Ronald v. Kevin A. Marks

District Court, S.D. Florida · Mar 31, 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 … The Eleventh Circuit has therefore “established the principle that the application of de minimis force, without more, will not support a claim for excessive force in violation of the Fourth Amendment.”

In re Terazosin Hydrochloride Antitrust Litigation

220 F.R.D. 672 · District Court, S.D. Florida · Apr 8, 2004

“The predominance inquiry focuses on ‘the legal or factual questions that qualify each class member’s case as a genuine controversy,’ and is ‘far more demanding’ than Rule 23(a)’s commonality requirement.” … While Defendants state that they challenge Indirect Purchaser Plaintiffs’ ability to meet the Rule 23(a)(3) standard, they have focused their arguments on the 23(a)(4) and 23(b)(3) elements, never clearly articulating the

Stratemeyer v. Northstar Construction Management Company, Inc.

District Court, S.D. Florida · Apr 16, 2024

Lichtblau are qualified in their respective fields. Id. … The proponent of expert testimony bears the burden of establishing qualification, reliability, and helpfulness by a preponderance of the evidence. Hendrix ex rel. G.P. v. Evenflo Co., Inc.

Bell Laboratories, Inc. v. Colonial Products, Inc.

644 F. Supp. 542 · District Court, S.D. Florida · Jul 3, 1986

The court further noted the complete lack of third-party usage of BOUNCE and concluded that BOUNCE clearly served as an indication of origin of a product and qualified as a strong trademark. … But if the mark is a weak one that lacks much distinctiveness, as is the case in the instant action, the mere use of a similar mark will not establish loss of commercial value. Id.

In re Checking Account Overdraft Litigation

307 F.R.D. 656 · District Court, S.D. Florida · Jun 8, 2015

Differences in the degree of customer awareness do not establish atypicality here. … The law firms seeking to represent the Class here include very qualified and experienced lawyers.

Hall v. Burger King Corp.

912 F. Supp. 1509 · District Court, S.D. Florida · Nov 13, 1995

The standards governing the entry of summary judgment are clearly set forth in this Circuit. … Most importantly, the consideration Agad and Balagamwala received is clearly set forth in the Agreement of Cancellation and Release.

Allstate Insurance v. Palterovich

653 F. Supp. 2d 1306 · District Court, S.D. Florida · Aug 26, 2009

; (see also DE # 1 at 42-43 and 45-46, ¶¶ 141, 143, 146-47) (describing the modus operandi for staging car accidents as involving older-model vehicles; each containing multiple passengers; a low-impact collision; and, a clearly … Tenet Healthcare, 502 F.Supp.2d 1237, 1253 (S.D.Fla.2007), it is questionable whether Sun State qualifies as a distinct RICO "person” for the purposes of Count III, considering the fact that it is the only RICO enterprise

Perret v. Wyndham Vacation Resorts, Inc.

889 F. Supp. 2d 1333 · District Court, S.D. Florida · Aug 28, 2012

The Trustee may establish varying fees among Members provided there is a reasonable basis for such fee structure. … Thus, Plaintiffs have failed to clearly allege which Defendant did what. . The Trust Agreement does enable Fair-Share, as Trustee, to collect the POA fees.

Penick v. Harbor Freight Tools, USA, Inc.

District Court, S.D. Florida · Nov 11, 2020

In Defendant’s view, Plaintiff is not qualified to testify in the form of expert opinions under Fed. R. … And expert testimony is necessary to establish the existence of a [] defect.”); Alexander v. Danek Med., Inc., 37 F. Supp. 2d 1346, 1349 (M.D.

Fitzpatrick v. Wainwright

602 F. Supp. 698 · District Court, S.D. Florida · Feb 7, 1985

He was not afforded an attorney at sentencing, nor an indigency hearing to determine whether he qualified for appointed counsel, at sentencing. … “As we have shown, the appellant clearly indicated at arraignment that he was unable to employ private counsel because his existing assets were then ‘committed’.

United States v. Riley

655 F. Supp. 2d 1298 · District Court, S.D. Florida · Sep 4, 2009

Imhof opines that, although the defendant qualifies for a diagnosis of a Paraphilia, he presents a low risk of reoffending and can be safely maintained in the community with supervision and outpatient mental health treatment … At the same time, Congress established the 5 year mandatory minimum applicable in this case, as a result of which the Commission also increased the base offense level to 22 to keep pace.

Rosenbaum v. Becker & Poliakoff, P.A.

708 F. Supp. 2d 1304 · District Court, S.D. Florida · Apr 28, 2010

Thus, what remains is B & P’s qualified production, which boils down to (1) the change in the printout of the departing attorneys’ calendar format; (2) the time period B & P selected for the entire production; and (3) its … The “Definitions and Instructions” section for the Fourth Request for Production, however, clearly *1311 states that the time period “for each document request, unless otherwise specified, shall be August 4, 2008, to the

FHR TB, LLC v. TB Isle Resort, LP.

865 F. Supp. 2d 1172 · District Court, S.D. Florida · Oct 14, 2011

But the facts do not clearly fit into the established exceptions. … In the Eleventh 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.

Treasure Salvors, Inc. v. Unidentified, Wrecked & Abandoned Sailing Vessel

556 F. Supp. 1319 · District Court, S.D. Florida · Jan 18, 1983

There are several persuasive factors which lead the Court to the conclusion that it has qualified jurisdiction in rem over the wreck and wrecksite of the SANTA MARGARITA. … The Plaintiff has preserved the archeological provenance of the shipwreck and has clearly demonstrated its competence to satisfactorily salvage the remains of this magnificent vessel.

West v. Inch

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

malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” Id. § 1915(e)(2) (alteration added). … Ortega told Plaintiff he did not “qualify for a replacement pair of orthopedic shoes, during both appointments and in his grievance responses[,]” and lied in Plaintiff’s health records about Plaintiff’s shoes “being in