Case law

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?

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.

Kafie v. Northwestern Mutual Life Insurance

834 F. Supp. 2d 1354 · District Court, S.D. Florida · Dec 2, 2011

Moreover, Northwestern asserts it is entitled to the “absolute immunity” afforded to acts occurring during the course of a judicial proceeding. (Id. (quoting Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. v. … Thus, the issue in T.D.S. was merely whether the insurer’s litigation conduct was relevant to the bad-faith claim, which the Eleventh Circuit held clearly was the case.

Raymond

District Court, S.D. Florida · Jun 25, 2026

Although the affidavit “need not show that the litigant is ‘absolutely destitute’ to qualify for indigent status under § 1915,” it must show that “the litigant, because of his poverty, is unable to pay for the court fees … But Plaintiffs do not establish that they face immediate and irreparable injury such that notice need not be required. First, Plaintiffs acknowledge that “Defendant U.S.

Doe

District Court, S.D. Florida · Dec 22, 2025

Looking beyond the Pseudonym Motion, the 131-page, 335-plus-paragraph Complaint likewise does not establish that Plaintiff has met his burden. … When he files the amended complaint, he may renew the Pseudonym Motion—but only if Plaintiff clearly substantiates the risks that he specifically may face. II.

Reddish v. Epoca Corp

District Court, S.D. Florida · Oct 25, 2019

Whether an individual qualifies as an employee or independent contractor is a question of law for the Court. Antenor v. D&S Farms, 88 F.3d 925, 929 (11th Cir. 1996). … But Reddish’s paystubs fluctuate in the amount of peer and do not clearly indicate whether he was paid overtime for those weeks, creating genuine issues of material fact that preclude summary judgment on his overtime claim

Bestor v. Costa Crociere, S.P.A.

128 F. Supp. 2d 1356 · District Court, S.D. Florida · Oct 25, 2000

Italy indubitably qualifies on that score. Finally, one may observe that if the plaintiffs find the Italian forum unattractive, they are free to bring suit in any other jurisdiction which will entertain it. . … In Judge Higginbotham’s view, the majority misapplied Eñe by giving too much weight to the interest of self-regulation and too little deference to a state policy established by law. See id. at 1188.

Pycsa Panama, S.A. v. Tensar Earth Technologies, Inc.

625 F. Supp. 2d 1198 · District Court, S.D. Florida · Apr 16, 2008

Since Tensar did not manufacture any finished product consumed or used by Pycsa, Pycsa does not qualify as a “consumer” for purposes of Article 1652A. … Carlos Barrera of Fundaciones, S.A. is qualified to conduct the fabrication and installation of Tensar Triton mattresses.” (DE 292) (emphasis added).

Rodriguez, Diego v. Department of Homeland Security

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

. § 1915(e)(2)(B), the district court shall dismiss an action that “(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 … To state a claim under § 1983 or Bivens, a plaintiff must clearly identify each defendant who committed each specific act that forms the basis of his claims. See LaMarca v.

Kennedy v. Carnival Corp.

385 F. Supp. 3d 1302 · District Court, S.D. Florida · Mar 6, 2019

Indeed, an accident relating solely to a shore-based snorkeling expedition might not qualify for admiralty jurisdiction under the Executive Jet Aviation rule. … That is clearly not sufficient under Amtrak and DOHSA to support a punitive damage claim.

In Re Checking Account Overdraft Litigation

813 F. Supp. 2d 1365 · District Court, S.D. Florida · Sep 1, 2011

“While normally the question of waiver is a matter for the jury, where, as here, the facts and circumstances essential to the waiver issue are clearly established, waiver becomes a question of law.” Forsyth County v. … Under North Carolina law, “it is well established that a party may waive a contract right by an intentional and voluntary relinquishment.” Fairview Developers, Inc. v.

Palm Beach Polo, Inc. v. The Village of Wellington

District Court, S.D. Florida · Oct 13, 2021

However, “when the prevailing party is the defendant, case law imposes a qualifier.” Stone v. Hendry, No. 17-14177-CIV, 2020 WL 2771701, at *2 (S.D. Fla. May 26, 2020). … However, the Court does agree with Plaintiff that a smaller number of Defendant’s billing entries clearly and explicitly only relate to Count II.

Garcia v. Abbate

District Court, S.D. Florida · Feb 9, 2024

Under that provision, a federal court may grant habeas relief from a state court judgment only if the state court’s decision on the merits was (1) contrary to, or an unreasonable application of, clearly established federal … Petitioner provides no evidence—let alone clear and convincing evidence—that the state court wrongly found that he qualified for involuntary commitment under § 916.15. See generally Pet.

St. Paul Trust & Savings Bank v. American Clearing Co.

291 F. 212 · District Court, S.D. Florida · Jun 15, 1923

and included within the terms of the mortgage to the plaintiff, though deeds had been executed to defendants Wagener and Osier and to the de *215 fendant Damberton, who was a stenographer in the office, for the purpose of qualifying … It is submitted that even- though the circuit court should decree that the establishment of the stump and land clearing district would be in the interest of public health, convenience, or welfare; even though the establishment

Fernandez v. Hotwire Communications, LLC

District Court, S.D. Florida · Sep 30, 2022

So, she may not be entitled to the inference that she was qualified for her job. … So, for instance, the requirements of the account-manager position were clearly laid out in her Job Description Flyer, which explained that “[account managers] are responsible for the overall good ‘health’ of the property

Price v. Carnival Cruise Lines

District Court, S.D. Florida · Mar 30, 2022

Shim’s expert report clearly indicates that he reviewed extensive medical records, diagnostic reports, and fourteen (14) diagnostic studies. See id. Dr. … Shim has sufficiently established the basis for his expert opinion. As such, Dr.

Excess Risk Underwriters, Inc. v. Lafayette Life Insurance

328 F. Supp. 2d 1319 · District Court, S.D. Florida · May 3, 2004

The Treaty clearly states that written consent of Munich Re is required, and the alleged oral modification would directly contradict that requirement. … It is true that Florida law “has clearly been established that a written contract may be modified by a subsequent oral agreement or subsequent conduct of the parties, even though the written contract purports to prohibit

In Re: Terra Invest, LLC

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

Clearly, parties are not to be afforded a ‘second bite at the apple’ when they file objections to an R & R.” Marlite, Inc. v. Eckenrod, No. 10-23641-CIV, 2012 WL 3614212, at *2 (S.D. Fla. … In Walker, an individual appealed a finding that she failed to establish legal residency for purposes of being qualified for election. ECF No. [71] at 13 (citing Walker, 398 So. 2d at 955).

Parness v. Metropolitan Life Insurance

291 F. Supp. 2d 1347 · District Court, S.D. Florida · Aug 13, 2003

Bruch, 489 U.S. 101 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989), however, the Supreme Court established a range of standards to be used when reviewing the decisions of an ERISA plan administrator or fiduciary: [A] denial of benefits … Here, the plan documents clearly grant Metlife discretion to interpret the plan, and, indeed, Parness and Metlife do not dispute this point.

Leader Entertainment S.A. v. Crom Productions, LLC

District Court, S.D. Florida · Sep 8, 2025

Defendants presented this program as a live version of a “YouTube musical phenomenon,” clearly referencing Plaintiff’s popular “Granja” series. See ECF No. [25] at ¶26. … Thus, the equities clearly favor Plaintiff. See id. Finally, a permanent injunction would serve the public interest.