Case law

Haberer Sabah v. Emmel

District Court, S.D. Florida · Nov 21, 2023

Furthermore, “[t]he first and second factors required for the entry of a writ of mandamus are related in this case, where the question of Defendants having a clear duty determines in large part whether plaintiff clearly … Thus, Plaintiff fails to establish the first and second factors for mandamus relief.

Wright, Phillip v. Zavelghoun

District Court, S.D. Florida · May 6, 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 … Newsome, 795 F.2d 964, 968 (11th Cir. 1986) (“The allegation that prison officials seized Wright’s pleadings and law book and destroyed other legal papers clearly states a claim of denial of access to the courts.

Amerijet International Inc. v. Miami-Dade County

7 F. Supp. 3d 1231 · District Court, S.D. Florida · Mar 5, 2014

Should Amerijet decide not to self-handle, it may choose from a pool of pre-qualified firms that have been issued permits by the County to perform ground-handling. Def.’s Stmnt. Facts 6. … If a law does not facially discriminate against out-of-state residents, courts determine whether “the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits.”

Jenkins v. Miami Dade County

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

Plaintiff responds that the “SAC clearly alleges that she was subjected to discrimination on the basis of her medical conditions related to childbirth.” … The SAC also includes allegations that “Plaintiff was qualified to perform the essential functions of her job” and that she “was treated less favorably . . . than similarly situated individuals outside her protected

Mohamed v. American Motor Co.

320 F.R.D. 301 · District Court, S.D. Florida · Jul 12, 2017

Before a court grants a party’s request to proceed as a class, a plaintiff must also establish that the proposed class is “adequately defined and clearly ascertainable.” Little, 691 F.3d at 1304 ; John v. Nat’l Sec. … As such, Plaintiff has established predominance under Rule 23(b). 2.

Pino v. City of Miami

315 F. Supp. 2d 1230 · District Court, S.D. Florida · Feb 18, 2004

matter fairly considered as *1232 relating to a matter of political, social or other concern to the community,” ie., “whether a high-ranking official in the police department is [sic] obstructing a murder investigation is clearly … Pino argues that the City Manager’s power is qualified in the sense that some matters, like .transfers, cannot come to the City Manager’s attention under the procedures outlined in the applicable law.

MSP Recovery Claims, Series LLC v. Auto-Owners Insurance Company

District Court, S.D. Florida · Jun 7, 2022

While these terms (“adequately defined” and “clearly ascertainable”) are separate, the inquiry is “collapsed” into one. … sufficient to establish that the MAO may proceed under the MSPA private cause of action.

OJ Commerce LLC v. Home City Inc

District Court, S.D. Florida · Aug 22, 2020

s counsel stated that Plaintiff was not going to seek modification when it thought it was unaffected by the language of the order, but that Plaintiff now desired modification (essentially because I did not accept its clearly … Additionally, while the Motion seeks to allow “recent” financial documents to be designated as “highly confidential,” the Motion fails to provide any further explanation as to what would qualify as “recent.”

Reyes v. Florida Department of Corrections

District Court, S.D. Florida · Apr 30, 2023

In Kitchen, the juvenile offender was able to establish through expert testimony that his sentence qualified as a de facto life sentence because the sentence provided the opportunity for release only four to five years … Accordingly, the Court agrees with the Report that Petitioner has not shown that the state court’s decision was “contrary to” clearly established federal law. Id. (citing Williams v.

Change Capital Partners Fund I, LLC v. Optical Telecommunications, Inc.

District Court, S.D. Florida · Oct 28, 2019

Defendant contends Plaintiff cannot assert any claims based on the APA or Note, given the Assignment’s limited and qualified language. (See Mot. 6-7; Reply 4–6). … The parties clearly disagree9 on the scope of the Assignment and most pertinently, the interplay between the APA, Note, Assignment, and Merchant Agreements.

Dawson v. Cigna Corp.

261 F. Supp. 3d 1275 · District Court, S.D. Florida · Jun 1, 2017

Fla. 2013), which held that a summary plan description. was insufficient to establish that an employee benefit plan vested discretion with the claims administrator. … Berliner found that “[t]he crush to her feet clearly was not terribly severe.” (Id. at 344.) Dr.

Otto v. City of Boca Raton

353 F. Supp. 3d 1237 · District Court, S.D. Florida · Feb 13, 2019

"A preliminary injunction is an 'extraordinary and drastic remedy,' and [Plaintiff] bears the 'burden of persuasion' to clearly establish all four of these prerequisites." … and unbridled license that gives immunity for every possible use of language."

Rodriguez v. The Procter & Gamble Company

District Court, S.D. Florida · Jun 10, 2020

To establish a Section 1981 violation, the plaintiff must establish: (1) that he or she is a member of a protected class, (2) the defendant intentionally discriminated against him or her on the basis of membership in that … Waters, 438 U.S. 567, 579 (1978) (“A racially balanced work force cannot immunize an employer from liability for specific acts of discrimination.”).

Security National Insurance Company v. The City of Miami Beach, Florida

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

To establish injury in fact, a plaintiff must show that he suffered an invasion of a legally protected interest that is concrete and particularized and actual and imminent, not conjectural or hypothetical. … Florida law clearly states that a third party to an insurance contract may not sue an insurer based on the insured’s alleged liability to the third party until the third party has a judgment against or a settlement with

Greenfield v. City of Miami Beach, Fla.

844 F. Supp. 1519 · District Court, S.D. Florida · Dec 18, 1992

The evidence clearly shows, however, that Greenfield took advantage of this privilege by changing her schedule from day-to-day and coming into work without pri- or approval against the orders of her superiors. … To establish a prima-facie case of discrimination, Greenfield must demonstrate that: (1) she is a member of a protected class; (2) she was qualified for and satisfactorily performed the duties of her job; (3) she was discharged

United States v. Aey, Inc.

603 F. Supp. 2d 1363 · District Court, S.D. Florida · Mar 24, 2009

It is well established that “the sufficiency of a criminal indictment is determined from its face.” United States v. Salman, 378 F.3d 1266, 1268 (11th Cir.2004) (quoting United States v. … While the APA also exempts "military functions” from its notice and comment requirements, the Court need not address whether the DFARS rule falls within this exemption, as it clearly qualifies for the other exemption to the

FF Cosmetics FL Inc. v. City of Miami Beach

129 F. Supp. 3d 1316 · District Court, S.D. Florida · Aug 31, 2015

The City bears the burden of justifying its restrictions; it must “affirmatively establish the reasonable fit.” 11 Id. … One of them was establishing “solicitation boxes,” out of which the solicitors could, not go while soliciting.

Wade v. Department of Veteran Affairs

District Court, S.D. Florida · Jun 28, 2023

(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 … And (she concluded) the Plaintiff’s prayer for relief didn’t “clearly state the remedy he seeks.” Ibid. As we’ve suggested, we agree with all of this.

Mosiejute v. Walmart Inc.

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

Even if a technical violation had occurred, which Plaintiff has not shown,2 Plaintiff’s interference claim still clearly fails. … As discussed in Section 1 below, Gore does not qualify as a comparator. As discussed in Section 2 below, whether Plaintiff violated the bulk-sales policy is not the issue.

Association for Disabled Americans v. Key Largo Bay Beach, LLC

407 F. Supp. 2d 1321 · District Court, S.D. Florida · Dec 16, 2005

This is the same area in which the testimony established the walkway to be approximately fifteen feet wide. … The United States Supreme Court has stated, “to qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief on the merits of his claim.” Farrar v.