Case law

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.

Wiener v. Boca West Country Club, Inc.

District Court, S.D. Florida · Apr 28, 2025

The Court agrees with Defendants, however, that Plaintiff has failed to clearly state his § 1981 claim. … To the extent that Plaintiff re-pleads an intentional interference claim based on independent facts, Plaintiff must also more clearly allege all elements of the claim, including factual allegations to more clearly

Green v. Finkelstein

District Court, S.D. Florida · Oct 11, 2021

Alternatively, Defendant Finkelstein seeks partial summary judgment on qualified immunity grounds, arguing that there is no evidence in the record demonstrating that Defendant Finkelstein violated any clearly established … immunity.

In Re West Caribbean Airways, S.A.

619 F. Supp. 2d 1299 · District Court, S.D. Florida · Sep 27, 2007

The term was specifically used to clarify that those acting solely as agents could not qualify as “contracting carriers.” 11 In any event, Defendants’ argument relies on a distortion of the facts because during the term of … According to Plaintiffs, these statements “would have been singularly misleading if they harbored an unstated belief that the new “right” to file in the U.S. was qualified by the airlines’ “right” to secure prompt dismissals

Securities & Exchange Commission v. Solow

682 F. Supp. 2d 1312 · District Court, S.D. Florida · Jan 22, 2010

Solow’s contentions do not establish an inability to pay defense. The Court holds that the March 24, 2008 mortgage executed by Mr. Solow irrefutably establishes that: (1) Mr. … Solow demonstrated quite clearly that he had the ability to extract $5.2 million from his Hillsboro Beach property.

Perez v. City of Hialeah

District Court, S.D. Florida · Jul 14, 2021

Defendants also contend that an amended complaint (with substantial additional discovery) would postpone the filing and resolution of the individual officers’ summary judgment motions based on qualified immunity. … Luis’ statutory immunity from personal liability under section 768.28(9)(a) for this claim. [ECF No. 77, pp. 7-8].

Sierra Club v. Flowers

423 F. Supp. 2d 1273 · District Court, S.D. Florida · Mar 22, 2006

AR587. 248 The administrative record clearly establishes that, indeed, there are other sources for limestone rock. … This position clearly was unsupportable. 167 .

Naval Logistic, Inc. v. M/V FAMILY TIME

District Court, S.D. Florida · Aug 6, 2024

For a party to establish a claim for a maritime lien in a vessel: (1) the good or service must qualify as a “necessary;” (2) the good or service must have been provided to the vessel; (3) on the order of the owner or agent … This argument is clearly insufficient for a grant of summary judgment. “Under Florida law, an agent who makes a contract on behalf of an undisclosed principal is a party to the contract.” Kinnon v.

Perez v. Metabolife International, Inc.

218 F.R.D. 262 · District Court, S.D. Florida · Sep 26, 2003

Defendant, on the other hand, contends that the class is inadequately defined and that the class members are not clearly ascertainable. … evidence establishes.

Stinson v. Loar

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

Plaintiff has filed documentation to establish that he cannot pay even the partial filing fee. … App’x 835, 839 (11th Cir. 2006) (inmate’s conclusory allegations were insufficient to establish a medical malpractice claim).

Joseph v. Wellpath/Medical

District Court, S.D. Florida · Feb 9, 2022

The Eleventh Circuit, thus, has established that shotgun pleading is an unacceptable form of establishing a claim for relief. Strategic Income Fund, LLC v. … The Complaint does not clearly identify the parties to the action nor does it articulate essential facts to the cause of action.

Gonzalez v. U.S. Department of Agriculture

District Court, S.D. Florida · Jun 21, 2022

Further, Exemption 6 of FOIA, which both parties agree is covered by the Privacy Act under Eleventh Circuit precedent, states that “personnel and medical files and similar files the disclosure of which would constitute a clearly … Further, Defendant correctly points out that sovereign immunity forecloses a claim for such harms. See Cooper, 566 U.S. at 303.

Allapattah Services, Inc. v. Exxon Corp.

61 F. Supp. 2d 1308 · District Court, S.D. Florida · Jul 6, 1999

Nevertheless, the record clearly illustrates that dealers could not opt out of Exxon’s offset pricing scheme. … Course of dealing, like trade usage, gives meaning to and supplements or qualifies the terms of a written agreement.

Vital Pharmaceuticals, Inc. v. Alfieri

District Court, S.D. Florida · May 9, 2022

“Florida law recognizes that where damages are not clearly ascertainable, parties to a contract may agree to a predetermined amount of damages that will flow from a breach of their contract.” Gables v. … These undoubtedly qualify as having “two separate and distinct parts,” allowing this Court to award the alternate amount if the other is found excessive.

BASSAT v. DANA

District Court, S.D. Florida · Mar 7, 2025

“clearly and unequivocally abandon” the Children. Lopez v. Bamaca, 455 F. Supp. 3d 76, 84 (D. … The Hague Convention’s Preference for Return Having found that Petitioner has established a prima facie case of wrongful retention, and that Respondent narrowly establishes the mature-child exception

DEATON v. O'MALLEY

District Court, S.D. Florida · Aug 28, 2024

If the claimant establishes an inability to return to past relevant work, the inquiry turns to step five. … In this case, the evidence fails to establish the presence of the ‘paragraph C’ criteria.” Tr. 18.

Stasio v. United States

District Court, S.D. Florida · Mar 5, 2021

ANALYSIS “The FTCA waives the United States’ sovereign immunity from suit in federal courts for its employees’ negligence.” Foster Logging, Inc. v. … Notably, to whatever extent that Plaintiff was negligent (if at all) by not looking down, the plaintiff in Kenney was clearly negligent by a greater degree.

Clarke v. PNC Bank

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

(B) the action or appeal (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.” … Plaintiffs’ Complaint is clearly of the former variety, as they concede they have no evidence that Defendant intentionally interfered with their business relationship.

Small v. City of Hollywood

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

Plaintiff Has Not Established a Prima Facie Case To qualify for protection under the opposition clause, the plaintiff’s “opposition must be directed at an unlawful employment practice of an employer, not an … In sum, Small has failed to establish a prima facie case of retaliation.

In re the Complaint of Boston Boat III, L.L.C.

310 F.R.D. 510 · District Court, S.D. Florida · Sep 2, 2015

Apr. 9, 2009) (declining to order adverse inference even though party’s performance in fulfilling discovery obligations was “clearly egregious” and “resulted from the grossly negligent oversights of counsel”). 4 Because this … Parties can establish the requisite bad faith through either direct or circumstantial evidence. Calixto, 2009 WL 3823390 , at *16.