Case law

Moore v. A-TEAM TRAPPERS, L.L.C.

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

While federal law establishes the enforceability of arbitration agreements, state law governs the interpretation of an arbitration provision. Emp’rs Ins. of Wausau v. … To qualify as a transportation worker, a plaintiff “must be actively ‘engaged in transportation’ of . . . goods across borders via the channels of foreign or interstate commerce.” See id.

Luken v. International Yacht Council, Ltd.

581 F. Supp. 2d 1226 · District Court, S.D. Florida · Sep 24, 2008

While the Court found that the vessel listings contained original elements such as the way in which the facts contained therein were expressed, the Court, nonetheless, noted the well-established proposition that facts are … Moreover, the Court determined that BUC’s expert was qualified to give the testimony he gave.

Pliteq, Inc. v. Mostafa

District Court, S.D. Florida · Feb 25, 2025

principles of inadmissibility and international comity, as clearly demonstrated by authenticated rulings.” … at 386, it further clarified that its holding was not that “information on a cell phone is immune from search,” id. at 401.

Svistina v. Elbadramany

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

The litigation privilege "may be considered in resolving a motion to dismiss when the complaint affirmatively and clearly shows the conclusive applicability of the defense to bar the action." Jackson v. … The American National court concluded that “[t]hese allegations, if proved, would not be protected by the absolute litigation privilege,” but rather the defendants “would enjoy at most a qualified privilege, which could

Lema-Kenzo v. Florida Department of Corrections

District Court, S.D. Florida · May 10, 2023

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410. … Even summary rejection of a claim, without explanation, qualifies as an adjudication on the merits, warranting deference. See Meders v. Warden, Ga. Diagnostic Prison, 911 F.3d 1335, 1351 (11th Cir. 2019).

State Farm Mutual Automobile Insurance Co. v. Performance Orthopaedics & Neurosurgery, LLC

278 F. Supp. 3d 1307 · District Court, S.D. Florida · Sep 25, 2017

The Court finds that Plaintiffs factual allegations establish traditional FDUTPA claims. … Calhoun Defendants have the burden of demonstrating that the accident victims qualify as “necessary” under 19(a)(1). Liberty Mut. Fire Ins. Co. v.

Victoria's Cyber Secret Ltd. Partnership v. v Secret Catalogue, Inc.

161 F. Supp. 2d 1339 · District Court, S.D. Florida · Sep 10, 2001

To hold that all such individuals may qualify for the safe harbor would frustrate Congress’ purpose by artificially limiting the statute’s reach. … Further, this record clearly establishes that Defendants’ VICTORIA’S SECRET Mark is entitled to a designation of “famous.” 1. .

In re Chiquita Brands Int'l, Inc.

284 F. Supp. 3d 1284 · District Court, S.D. Florida · Jan 3, 2018

The term was based on the supposition that the payments would help immunize the payor from retaliatory attacks. … In other words, a generalized apprehension of future harm is insufficient to establish the first element of this defense, United States v.

Martin v. Dugger

686 F. Supp. 1523 · District Court, S.D. Florida · Jun 1, 1988

Clearly, Florida law on this issue places a much greater burden upon the state than does New York law. … Clearly, the trial judge understood the constitutional necessity of considering all nonstatutory mitigating factors.

Bowe v. Public Storage

106 F. Supp. 3d 1252 · District Court, S.D. Florida · May 19, 2015

Public Storage has failed to establish why this exhibit should be allowed. … This lawsuit clearly does not concern Section 626.9541(1)(a)(1), because Plaintiffs do not allege that Public Storage misrepresented the actual terms of the PSTIP.

Lane v. Provident Life & Accident Insurance

178 F. Supp. 2d 1281 · District Court, S.D. Florida · May 3, 2001

Florida law clearly places the burden on Lane to rebut the presumption of prejudice created by his untimeliness. … It appears that a genuine issue exists as to whether Lane qualified as disabled dur *1291 ing the alleged disability period. However, based on the findings above, the issue is not material.

Avini Health Corporation v. BioGenus LLC

District Court, S.D. Florida · Mar 17, 2023

detoxification, immune system support, and over-the-counter pain relievers.” FAC ¶ 6. … In sum, BioGenus’s factual disputes all clearly relate to the merits of Avini’s breach of contract claim.

Johnson, David v. Florida Department of Corrections

District Court, S.D. Florida · Aug 29, 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. … Warden, 834 F.3d 1323, 1337 (11th Cir. 2016). 1 “Clearly established Federal law” consists of the governing legal principles, rather than the dicta, set forth in the decisions of the Supreme Court at the time the state

Kleiman v. Wright

District Court, S.D. Florida · Apr 13, 2020

Wright to see if he can meet his burden of establishing privilege.”). … Judge Reinhart observed that the “record does not establish Dr.

Sound Around, Inc. v. Hialeah Last Mile Fund VII LLC

District Court, S.D. Florida · Jul 27, 2023

“[D]amages awarded incident to a decree of specific performance are clearly different from those which would be awarded for breach of the contract.” Wiborg v. … Such request must set forth with specificity the nature of the damages sought, why they qualify as incidental to specific performance, and supporting evidence.

In re Terazosin Hydrochloride Antitrust Litigation

223 F.R.D. 666 · District Court, S.D. Florida · Jun 23, 2004

Thus, this reality, according to Plaintiffs, establishes that there can be no Rule 23(a)(4) conflict or antagonism. See Pis.’ Reply at Ex. … The Eleventh Circuit clearly stated that those direct purchasers, even those who experienced a net benefit from the alleged illegal conduct, could still pursue claims for overcharge damages if the cost-plus exception does

Powell v. Carey International, Inc.

514 F. Supp. 2d 1302 · District Court, S.D. Florida · Feb 1, 2007

Clearly, this indicates that Defendants charged $450 for the job, and Plaintiff was paid for the whole job, whether the passenger was in the car or not. … However, even if the activities qualify-as integral, if they are de minimus, the are not compensable.

Roberts v. Gordy

181 F. Supp. 3d 997 · District Court, S.D. Florida · Apr 8, 2016

This the Court cannot do without seeking the Register’s advice under § 411(b). 13 Here, the undisputed facts clearly demonstrate that inaccurate information was included on all three registrations. … To be so it would need additional qualifying words such as ’by you or ... ’ and such other parties of interest as the Copyright Office would want listed.”).

Surfaces, Inc. v. Point Blank Enterprises, Inc.

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

Further, to qualify as a “trade secret” under FUTSA, the secret must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” Fla. Stat. § 688.002(4)(b). … Simply put, this is not the “rare and exceptional case where the action is clearly frivolous, legally unreasonable or without legal foundation or brought for an improper purpose.” Clemons v.

Altenel v. Millennium Partners, L.L.C.

947 F. Supp. 2d 1357 · District Court, S.D. Florida · Mar 12, 2013

And, given those documents, the Plaintiffs cannot claim that a reasonable person would have not learned until three years later that their units qualified as the purchase of securities. … In this regard, Plaintiffs have asserted that ”[t]he Condominium Documents clearly make the Association the representative of the Condominium Hotel unit owners for management purposes.