Case law

Patt v. Volkswagen Group of America, Inc.

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

Plaintiff does not offer case law supporting the proposition that a medical opinion not offered with a reasonable degree of medical certainty could qualify as an expert opinion. As such, Dr. … In short, the record paints a far more complicated picture than a plaintiff in good health who was clearly injured externally by the tightening of his seat belt.

Securities and Exchange Commission v. Charnas

District Court, S.D. Florida · Feb 15, 2024

“Specifically, an act of production ‘could qualify as testimonial if conceding the existence, possession and control, and authenticity of the documents tended to incriminate’ the producing party.” Id. … And as discussed, Charnas’s counsel acknowledging compliance with the Commission’s preservation requirement does not establish that Charnas in fact possesses responsive messages, or that those messages even exist.

Miccosukee Tribe of Indians of Florida v. United States

706 F. Supp. 2d 1296 · District Court, S.D. Florida · Apr 14, 2010

Part 111(11) of the Administrative Order establishes the “interim discharge limits,” and Part 111(111) establishes December 31, 2016 as a “reasonable time” for compliance. Id. at 8-11. … In this case the established wrong is the failure of the EPA to take any steps to establish the TMDLs mandated by Congress for more than a decade.

Florida State Lodge Fraternal Order of Police, Inc., a Florida not for profit corporation, Joel Cuarezma, individually, and Scott Kushi, individually v. City of Pembroke Pines, Florida, a Florida municipality, Jose J. Vargas, in his official capacity

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

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Thus, the plain text of § 1983 clearly authorizes federal courts to enjoin the States for violations of federal law—including constitutional violations.

In re Petrus Advisers Investments Fund, L.P.

District Court, S.D. Florida · Aug 14, 2026

Second, Applicant seeks qualifying “evidence” within the meaning of § 1782. See In re Clerici, 481 F.3d at 1331–32. … Granting the Application therefore does not constitute a ruling that every request as presently worded is immune from objection, nor does it preclude later modification, limitation, protective relief, or an appropriate

Leventhal v. Costco Wholesale Corp.

District Court, S.D. Florida · Jul 24, 2022

Apr. 17, 2019) (“Courts have previously held that pre-suit demand letters can qualify as ‘other papers’ under 28 U.S.C. § 1446(b)(3).”) (collecting cases); Sibilia v. Makita Corp., 674 F. … controversy satisfied where plaintiff’s quantified damages meant the “defendant need[ed] only make up a difference of less than $10,000 in controversy to keep this case in federal court” and “‘a fair and impartial mind’ would clearly

JEFFREY O. v. City of Boca Raton

511 F. Supp. 2d 1339 · District Court, S.D. Florida · Feb 26, 2007

The evidence established that the individuals involved suffered an impairment which qualified them as disabled under the FHA. … Where Section 28-2 itself provides no exception for handicapped individuals and the City’s Code has no clearly established procedure that would allow a handicapped individual, group of individuals, or provider of group homes

Burgess v. Pride Transport

District Court, S.D. Florida · Aug 14, 2025

As a general rule, “[t]he plaintiff’s choice of forum should not be disturbed unless it is clearly outweighed by other considerations.” Robinson v. … At the pleadings stage, a plaintiff need not establish a prima facie case in order to survive dismissal. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 515 (2002).

Raymond James Financial Services Inc. v. Armijos

District Court, S.D. Florida · Apr 27, 2020

“[A] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the burden of persuasion as to the four requisites.” McDonald’s Corp. v. … In sum, there is no requirement that a party directly transact with a FINRA member to qualify as a “customer” for purposes of Rule 12200.

United States v. Kramer

807 F. Supp. 707 · District Court, S.D. Florida · Jul 22, 1991

Clearly Jack was not a partner in ownership and the court finds that neither was Sam. … Dale Lyon establishes beyond doubt that the Corpus of the trust was a gift by Lyon in 1986.

Gering v. State of Florida

District Court, S.D. Florida · Sep 21, 2020

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410 (quoting Bell v. Cone, 535 U.S. 685, 694 (2002)). … Goodno, 335 F.3d 705, 709-11 (8th Cir. 2003) (“There is no clearly established Supreme Court law which holds that due process requires a jury trial in civil commitment proceedings”); McKeiver v.

Sensormatic Electronics Corp. v. TAG CO. US, LLC

632 F. Supp. 2d 1147 · District Court, S.D. Florida · Dec 19, 2008

Jarosz was qualified as an expert on financial analysis and proved his calculations to a reasonable degree of certainty. … Sensormatic clearly has a legal right under FUTSA to prevent unauthorized disclosure and use of its trade secrets.

Sutherland

District Court, S.D. Florida · Oct 15, 2025

Being terminated is clearly an adverse employment action. See Clark v. S. Broward Hosp. Dist., 601 F. App’x 886, 891 (11th Cir. 2015). … although Plaintiff alleges that Defendant refused to give her earned backpay for the 2023 to 2024 academic year (despite receiving good performance evaluations and maintaining an active certification), no other allegations clearly

Financial Designs, Inc. v. Evanston Insurance Company

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

“A defense is insufficient as a matter of law if, on the face of the pleadings, it is patently frivolous, or if it is clearly invalid as a matter of law.” Morrison v. Exec. Aircraft Refinishing, Inc., 434 F. … Plaintiff has not established that it will suffer any prejudice from needing to reference a document attached to their Complaint in order to fully understand an affirmative defense.

Daley v. Trans Union LLC

District Court, S.D. Florida · Nov 13, 2023

pauperis the Court is required to examine whether “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 … As part of a plaintiff’s showing, he or she “must ‘show that a credit reporting agency prepared a report containing “inaccurate” information,’ which, if not shown, fails to establish a violation of the FCRA.”

Grayson v. United States

748 F. Supp. 854 · District Court, S.D. Florida · Sep 27, 1990

Commander, as well as Captain Denning and Rear Admiral Chase, were duly qualified to investigate and render opinions on the causes of these deaths. … Clearly, Mrs. Grayson and her children were impliedly invited to use the base facilities and Pier D-3. Under Wood v. Camp, Mrs.

Jones v. Miami Police

District Court, S.D. Florida · Jan 3, 2024

any time if the court determines that … (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 … Overall, shotgun pleadings do not establish a connection between “the substantive count and the factual predicates . . .

Kolb v. Papillon

District Court, S.D. Florida · Mar 22, 2021

The Eleventh Circuit, thus, has established that shotgun pleading is an unacceptable form of establishing a claim for relief. Strategic Income Fund, LLC v. … Section 1983 allows claims alleging the “deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws].” 42 U.S.C. § 1983.

City of South Miami v. Desantis

District Court, S.D. Florida · Dec 3, 2020

“In fairness to the parties and their ability to put on their case, a court should exclude evidence in limine only when it is clearly inadmissible on all potential grounds.” United States v. Gonzalez, 718 F. … The Court is satisfied that these credentials are sufficient to establish that Dr. Lichtman is “minimally qualified.” See Clena Invs., Inc., 280 F.R.D. at 661. In light of Dr.

Larreal v. Telemundo of Florida, LLC

District Court, S.D. Florida · Sep 21, 2020

City of Miami Beach, 707 F.3d 1244, 1247 (11th Cir. 2013) (affirming order denying defendant’s summary judgment motion on qualified immunity because of factual issue). … Has Telemundo Established the Fair Report Privilege Here?