Case law

Heath v. Miami-Dade County

District Court, S.D. Florida · May 23, 2024

the new leadership, improve our culture, and maintain a qualified workforce with improved morale, very essential to moving forward [sic][.]” … Plaintiff is clearly not the only current or former MDCR inmate to complain of a lack of adequate treatment for serious medical problems stemming from mental illness.

United States v. Fedorenko

455 F. Supp. 893 · District Court, S.D. Florida · Jul 25, 1978

Fedorenko’s testimony that only Volksdeutschers qualified as zugwachmaenner is *905 supported by the berthing and messing arrangements at Treblinka. … A grisly establishment was camouflaged and identified as a lazaret, meaning first aid station.

Access 4 All, Inc. v. Casa Marina Owner, LLC

458 F. Supp. 2d 1359 · District Court, S.D. Florida · Oct 3, 2006

A judgment on the merits and court-ordered consent decrees create a material alteration of the parties’ legal relationship for the purposes of qualifying as a “prevailing party” for attorney’s fees, Id. at 604 , 121 S.Ct. … in civil rights cases the “plaintiff should not be assessed his opponent’s attorney’s fees unless a court finds that his claim was frivolous, unreasonable, groundless, or that the plaintiff continued to litigate after it clearly

Castellanos v. Portfolio Recovery Assocs., LLC

297 F. Supp. 3d 1301 · District Court, S.D. Florida · Nov 3, 2017

Cadell, acting on behalf of Defendant, was clearly acting unintentionally and based on a bona fide error when she sent Ms. … set forth at supra pp. 1317-19, Plaintiff is not entitled to final judgment in his favor with respect to Counts I and III because there remain genuine issues of material fact concerning whether Defendant is entitled to immunity

Gauglione v. Acting Commissioner of Social Security

District Court, S.D. Florida · Mar 29, 2024

Lewis’s opinions – which are clearly inconsistent with Dr. … Therefore, Plaintiff has failed to satisfy her burden of establishing harmful error.

Posely v. Eckerd Corp.

433 F. Supp. 2d 1287 · District Court, S.D. Florida · May 16, 2006

Nevertheless, Plaintiffs argue as follows: [I]f “[sic] work parties are part of the job as a manager, then the job involves a dual function and qualifies them as “working foreman” [sic] under the dual employment provisions … Uncertain meanings inevitably lead citizens to steer far wider of the unlawful zone ... than if the boundaries of the forbidden areas were clearly marked. Grayned v.

State National Insurance v. Anzhela Explorer, L.L.C.

812 F. Supp. 2d 1326 · District Court, S.D. Florida · Aug 23, 2011

and a survey prepared in anticipation of insurance coverage that clearly and accurately reflected the status of the COI. … An isolated act of negligence does not establish unseaworthiness.”); Dover Barge Co. v.

Taylor v. Secretary, U.S. Department of Homeland Security

District Court, S.D. Florida · May 2, 2024

Although the Plaintiff says that she was “qualified” for that job, she was not selected. Id. ¶ 23. … Judge Rosenberg’s “January 16 paperless order,” the court noted, “clearly instructed the [plaintiffs] to explain their grounds for joinder in any complaint naming multiple defendants.

Disability Advocates & Counseling Group, Inc. v. Betancourt

379 F. Supp. 2d 1343 · District Court, S.D. Florida · Jul 29, 2005

Plaintiffs clearly had the right to file an amended complaint, addressing the Judge’s concerns over standing, to either or both of these orders. … This is an inaccurate statement, but it clearly establishes that Plaintiffs’ counsel knew that his client had been ruled against in the prior case and establishes motive for wanting to shop for a new judge.

Sunshine Children's Learning Center, LLC v. Waste Connections of Florida, Inc.

District Court, S.D. Florida · Apr 24, 2023

Clearly Defined and Ascertainable “Before a district court may grant a motion for class certification, a plaintiff seeking to represent a proposed class must establish that the proposed … class is ‘adequately defined and clearly ascertainable.’”

In Re Air Crash Near Cali, Colombia on December 20, 1995

985 F. Supp. 1106 · District Court, S.D. Florida · Oct 10, 1997

As indicated below, however, we are convinced that summary judgment clearly is warranted here even if the inquiry is purely subjective. V. … No reasonable juror could find that these elements have been not been established here.

Reyna v. Palm Beach County Mayor

District Court, S.D. Florida · Sep 30, 2021

Plaintiff has not advanced any allegations establishing Sheriff Bradshaw’s personal participation. … But here, the dismissal is clearly without prejudice.

Figueroa v. Sharper Image Corp.

517 F. Supp. 2d 1292 · District Court, S.D. Florida · Oct 11, 2007

Complaint that Sharper Image engaged in false advertising with respect to the ability of the Ionic Breeze® to clean rooms of a particular size, with respect to the ability of the product to provide relief from asthma and immunity … , $19, is sufficient, is directly tied to the related science and merits of the claims asserted, which I am not qualified to address.”

Smith v. Carnival Corporation & PLC

District Court, S.D. Florida · Dec 4, 2023

Plaintiff has not demonstrated that the evidence is clearly inadmissible on all potential grounds. … Moreover, Plaintiff argues that Defendant’s statement that it posted yellow caution tape on deck 11 when it knew it would get wet due to rain, clearly establishes that Defendant had notice of the hazardous condition.

Swire Pacific Holdings, Inc. v. Zurich Insurance

139 F. Supp. 2d 1374 · District Court, S.D. Florida · Apr 20, 2001

Zurich, however, contends that these same facts establish that Zurich is entitled to summary judgment. … With respect to the exclusion portion of the clause, Swire’s loss clearly falls within the exclusion. The language broadly excludes loss or damage caused by defective design.

In re BankAtlantic Bancorp, Inc. Securities Litigation

851 F. Supp. 2d 1299 · District Court, S.D. Florida · Aug 3, 2011

Carl, 906 F.2d 533, 538 (11th Cir.1990) (noting that legal claims are objectively frivolous when they ignore clearly established law). … Further, the law was not so clearly established in Defendants’ favor as to render Plaintiffs’ Rule 10b-5 claim legally frivolous with respect to loss causation.

Santiago-Lebron v. Florida Parole Commission

767 F. Supp. 2d 1340 · District Court, S.D. Florida · Feb 23, 2011

Rather, he did not qualify for the program because he could not understand English. … If Congress clearly expressed its purpose and the agency’s regulation conflicts with this purpose, then the regulation must be set aside. Chevron, 467 U.S. at 843 n. 9, 104 S.Ct. 2778 .

Timberlake

District Court, S.D. Florida · Jan 30, 2026

The claims could be read as separate counts, but any amended complaint should more clearly delineate the distinction. … Third, an amended complaint should also more clearly specify which Defendants are responsible for which acts or omissions.

Marron v. Maduro Moros

District Court, S.D. Florida · May 24, 2023

TRIA is clear that only blocked assets are subject to execution and assets that are subject to a United States license do not qualify as blocked assets. R.J. O’Brien, 783 F.3d at 622. … A reading of the license in Stansell (19-20896) establishes that it differs from the Association’s license here.

JDi Data Corporation v. United States Trustee

District Court, S.D. Florida · Aug 27, 2024

Once the debtor-in-possession meets the burden of demonstrating that an applicant for professional employment is qualified under § 327, see Bankr. … Moffa was qualified to represent the debtor. Questions surrounding Mr.