Case law

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

Chapman v. Procter & Gamble Distributing LLC

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

First, there is not a well-established clinical presentation for copper-deficiency myelopathy. Dr. … 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.

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.

STANNARD v. Goldoro Developments Inc

District Court, S.D. Florida · Aug 6, 2025

Failing to establish Bluewater’s Boca Raton facility as a licensed and permitted Health Care Clinic; w. … Failing to establish Bluewater’s West Palm Beach facility as a licensed and permitted Health Care Clinic; x.

In Re Andrx Corporation, Inc.

296 F. Supp. 2d 1356 · District Court, S.D. Florida · Dec 3, 2003

The Citizen’s Report stated in relevant part: In light of the stability failure, this product clearly could not serve as a basis for approving the ANDA. … See id. at Ex. 13 (“In light of the stability failure, this product clearly could not serve as a basis for approving an ANDA.”).

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

In Re Air Crash Disaster of Aviateca Flight 901

29 F. Supp. 2d 1333 · District Court, S.D. Florida · Aug 29, 1997

in Guatemala City clearly demonstrate that Aviateca’s principal place of business is in Guatemala. … For the reasons discussed above, the nature, quantity and extent of Aviateca’s business activities in Guatemala City as compared to the United States establish clearly that Aviateca’s principal place of business, under any

Hart v. National Specialty Insurance Company

District Court, S.D. Florida · Aug 26, 2021

These documents, say Plaintiffs, “clearly put [Defendant] on notice more than a month prior to being served with the initial complaint that the amount of controversy exceeded $75,000.” Id. at 4. … The Court has recognized that a settlement demand letter may qualify as “other paper” for the purpose of opening the 30-day window of opportunity to remove a case to federal court. Beauliere v.

Herman, Jr., Randy v. Florida Department of Corrections

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

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 … App’x 538, 545 (6th Cir. 2013) (“Supreme Court precedent does not clearly establish an automatism defense, nor does it establish that defendants may raise whatever defenses they choose.”).3 3 For what it

Roblor Marketing Group, Inc. v. GPS Industries, Inc.

633 F. Supp. 2d 1341 · District Court, S.D. Florida · Dec 11, 2008

Federal Circuit precedent that governs this issue establishes that “courts have inherent power to manage their dockets and stay proceedings, including the authority to order a stay pending conclusion of a PTO reexamination … The entry of the Order, of course, does not preclude any party from seeking review of this Order from the District Judge if that party believes the Order to be clearly erroneous, or if that party desires to pursue any relief

Del Monte Fresh Produce Co. v. Dole Food Co., Inc.

148 F. Supp. 2d 1326 · District Court, S.D. Florida · May 24, 2001

The court based its decision on the inevitable disclosure doctrine, but it cautioned that North Carolina could enjoin threatened misappropriation based on the inevitable disclosure theory only when the trade secret is clearly … Funk’s knowledge of Del Monte’s business includes some information that arguably qualifies as protected trade secrets. For example, Dr.

Kumar v. KRS Global Biotechnology, Inc.

District Court, S.D. Florida · Sep 27, 2021

An employee qualifies “highly compensated employee” if: (1) the employee earns a “total annual compensation of at least $107,432, which must “include[] at least $684 per week on a salary or fee basis;” (2) the employee … Defendants’ arguments fail because they rely on inferences not clearly apparent on the face of Plaintiff’s complaint. See Quiller, 727 F.2d at 1069; see also Davidson v. Maraj, 609 Fed.

Securities and Exchange Commission v. Natural Diamonds Investment Co.

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

inapplicable, modern cases permit the defense “where the agency’s misconduct is egregious, and the misconduct results in prejudice to the defense of the enforcement action that rises to a constitutional level and is established … Although the Court recognizes that, without more, a mere delay and lack of coordination in bringing an enforcement action may not ultimately qualify as egregious conduct under these circumstances, that does not warrant

United States v. Billie

667 F. Supp. 1485 · District Court, S.D. Florida · Aug 24, 1987

California, 373 U.S. 546, 598 , 83 S.Ct. 1468, 1497 , 10 L.Ed.2d 542 (1963) (establishment of reservation reserves water rights to Indians, whether reservation established by treaty or executive order). … The constitution does not require that a religion meet any organizational or doctrinal test in order to qualify for First Amendment protection.

Prestige Insurance Group v. Allstate Insurance Company

District Court, S.D. Florida · Apr 12, 2022

Section 817.416(2)(a)(1) clearly requires that Plaintiffs allege intentional misrepresentations, not concealments. … Supp. 2d at 1263 (“Where an alleged defamatory statement is subject to a qualified privilege, the plaintiff must allege malice to proceed with his claim.”).

Greenberg v. MIAMI CHILDREN'S HOSPITAL RES. INST., INC.

264 F. Supp. 2d 1064 · District Court, S.D. Florida · May 29, 2003

The allegations in the Complaint are clearly distinguishable as Defendants here are solely medical researchers and there was no therapeutic relationship as in Moore . … Florida courts have repeatedly held that lists comprising information, such as names of patients, blood donors, and customers can qualify as trade secrets. Unistar Corp. v.

James v. Florida Department of Corrections

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

Ministerial or clerical corrections to a sentence do not qualify as a new judgment. … Because Petitioner has not explained what obstacle prevented him from filing a federal habeas petition prior to or during that interval of time, this exception clearly does not apply.

Groover v. United States

District Court, S.D. Florida · Mar 19, 2024

“The FTCA waives the United States government’s sovereign immunity from suit in federal courts for the negligent actions of its employees.” Ochran v. United States, 117 F.3d 495, 499 (11th Cir. 1997). … The Supreme Court established a two-prong test to determine when the discretionary function exception applies. United States v. Gaubert, 499 U.S. 315, 322 (1991).

Sutton v. Florida Department of Corrections

District Court, S.D. Florida · Dec 15, 2023

See id. at 10 (“These unprofessional errors made by trial counsel to not develop a clearly more culpable suspect [who] wanted John and Susan Sutton dead . . . … To proceed, Kellum needed to establish applicability of the newly discovered evidence exception to the limitation set out in Rule 3.850(b)(1).

Pearson v. Secretary, Department of Corrections

District Court, S.D. Florida · Jan 3, 2023

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410. … In sum, the state court’s decision does not conflict with clearly established federal law, nor was it based on an unreasonable determination of the facts. See 28 U.S.C. § 2254(d).