Case law

Assi v. U.S. DEPARTMENT OF HOMELAND SECURITY

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

First, the Defendants say that Assi’s “broad request for ‘monetary damages for Defendants’ wrongful actions,’ is barred by sovereign immunity.” MTD at 16 (quoting Amended Complaint at 47). … Regier, the Eleventh Circuit held that an “alleged right or status” must be “recognized and protected” under the law to qualify as a constitutionally protected “tangible interest.” 422 F.3d 1255, 1261 (11th Cir. 2005);

Arencibia v. AGA Service Company

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

that duty does not give rise to a private cause of action against a corporation’s qualifying agent.” … reasonable reliance that is required for establishing common law fraud.”

Lopez v. Fairwinds SB LLC

District Court, S.D. Florida · Feb 21, 2025

Since Lopez “uses a wheelchair to ambulate, and is substantially limited in performing the major life activity of walking[,]” he qualifies as a disabled individual under the ADA. Lugo v. 141 NW 20th St. … “The party seeking attorney’s fees bears the burden of establishing entitlement and reasonableness.

People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium

189 F. Supp. 3d 1327 · District Court, S.D. Florida · Jun 1, 2016

An organization’s voluntary decision to divert resources to counteract the asserted illegal acts, unrelated to the legal challenge itself, qualifies as an injury: the drain on resources, the Eleventh Circuit has observed, … However, the definition of “take” in the Act clearly applies to individual specimens or groups of specimens, and the captive or non-captive status of a particular specimen is a significant factor in determining whether particular

Millstein v. Holtz

District Court, S.D. Florida · Aug 23, 2022

Based on the aforementioned criteria, Plaintiff’s Amended Complaint does not qualify as a shotgun pleading. … The Amended Complaint also clearly states that the omissions were made in the offering materials for various investments.

SHM LMC, LLC v. M/Y TRIUMPHANT LADY

District Court, S.D. Florida · Sep 4, 2024

First, the Plaintiff provided “dockage, utilities, and boat handling services,” all of which qualify as, and which the Vessel owner stipulated are, “necessaries” under the applicable definition and related … The $402.00 filing fee “clearly falls within the scope of Section 1920(1),” and as such should be awarded to the Plaintiff.

Solnes v. Wallis & Wallis, P.A.

15 F. Supp. 3d 1258 · District Court, S.D. Florida · Apr 16, 2014

Because the dates are off by only two days, Defendants contend that this difference qualifies as “on or about July 8, 2011.” … Nor can Solnes establish that the alleged promise by Mrs. Wallis to return the $300,000 constituted a novation to the terms of the Agreement.

Glanton v. United States

District Court, S.D. Florida · Sep 22, 2022

Ct. 1170 (2017),2 for his view that he should’ve gotten a more favorable deal because he was “clearly the follower” and “lacked the requisite criminal history of violence necessary to trigger an enhanced penalty.” … Since the factual proffer establishes that the Government proved precisely that, his lawyer cannot be faulted for failing to argue otherwise.

Saregama India Ltd. v. Mosley

687 F. Supp. 2d 1325 · District Court, S.D. Florida · Dec 23, 2009

Parole evidence is unnecessary, however, because the Agreement clearly does not convey copyrights in Shakti’s pre-recorded works. … Furthermore, Defendants misapprehend Saregama’s burden to establish originality.

Inspirations Nevada LLC v. Med Pro Billing, Inc.

District Court, S.D. Florida · Oct 2, 2021

Clearly, these three statements contain legal argument and/or are conclusory. They do not set forth arguable “factual” statements. … Plaintiff Fails to Establish Entitlement to Judgment as a Matter of Law. Given the deficiencies with Plaintiff’s SOMF, Plaintiff has failed to establish that no genuine dispute of material fact exists.

Reese v. Akai America Ltd.

19 B.R. 83 · District Court, S.D. Florida · Mar 30, 1982

Each of the foregoing elements must be established before a preference can be found to exist. … Additional notes made during the meeting indicated that GTE was clearly aware of Kennedy and Cohen’s serious financial difficulties.

Exotropin, LLC v. DP Derm, LLC, and Biosoft (Australia) PTY LTD

District Court, S.D. Florida · Jan 5, 2026

“An affirmative defense is insufficient as a matter of law where: (1) in the face of the pleadings, it is patently frivolous, or (2) it is clearly invalid as a matter of law.” Id. (citations omitted). … Rather, under the Lanham Act, “use in commerce” is an essential element the Plaintiff must establish as part of its prima facie case. See 15 U.S.C. § 1114.

Birren v. Royal Caribbean Cruises Ltd.

District Court, S.D. Florida · Feb 14, 2022

Based on a review of the expert reports, the Court determines that each expert is qualified to opine on the matters covered in his respective expert report. … It is well-established that experts can rely on the opinions of others in forming their opinions. See Daubert, 509 U.S. at 592; In re 3M Combat Arms Earplug Prod. Liab.

Trisura Specialty Insurance Company v. South Florida Lodging, LLC

District Court, S.D. Florida · Mar 26, 2025

The Complaint also alleges that Irache does not qualify as an additional insured under the policy language. Id. ¶ 51. … Walker’s and Irache’s Responses are insufficient; however, the Court finds that their Responses sufficiently establish joinder and will not find waiver.

Bellsouth Advertising & Publishing Corp. v. Donnelley Information Publishing, Inc.

719 F. Supp. 1551 · District Court, S.D. Florida · Oct 27, 1988

As direct evidence of copying, BAPCO submits that Donnelley’s own admissions, as well as the testimony of Donnelley’s own employees, clearly establish that Donnelley actually copied name, address, telephone number and classified … Thus, Donnelley’s copying clearly does not fall under any of the listed excusable uses in the preamble to Section 107.

Chappell v. Carnival Corporation

District Court, S.D. Florida · Apr 18, 2023

An expert may be qualified “by knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … Florschutz May Not Offer Expert Testimony Beyond Observations Made As Part of Plaintiff’s Treatment Initially, the Court notes that although Plaintiff disclosed what are clearly expert opinions

Oscar David Galvis Jinete v. Miami FDC

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

Put simply, § 1226(a) “establishes a discretionary detention framework,” which is “unlike the mandatory detention framework of § 1225(b)(2).” … Madigan, 503 U.S. 140, 144 (1992) (“[W]here Congress has not clearly required exhaustion, sound judicial discretion governs.”).

Club Madonna Inc v. City of Miami Beach

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

regulations respectively; they clearly are “time, place, manner” restrictions that the Supreme Court evaluates under the test delineated in City of Renton v. … It clearly puts nude dance establishments that searches are authorized by City law, and it limits the object of the search to the records mandated -12- earlier in the Ordinance.

United States v. Abbell

963 F. Supp. 1178 · District Court, S.D. Florida · Apr 3, 1997

Attorneys from the Department of Justice also commenced a preliminary review to isolate those documents which were clearly privileged. … In any event, even if the initial search had been invalidated, it does not follow that the items would be immune from a subsequent search and seizure.

Dellano

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

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 … Apr. 6, 2023) (“[H]ypertension qualifies as a serious medical need.”), report and recommendation adopted, 2023 WL 4188043 (S.D. Ga. June 26, 2023).