Case law

Jeanniton v. Costco Wholesale Corporation

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

In situations, such as here, where there is no allegation of direct evidence of discrimination, a plaintiff “must show that (1) he is a member of a protected class; (2) he was qualified for his position; (3) he suffered … Plaintiff responds that the Complaint “clearly alleges that [he] made good-faith complaints about discriminatory treatment in the workplace and that, shortly thereafter, he was subjected to heightened scrutiny, hostile

Martinez v. D2C, LLC

District Court, S.D. Florida · Oct 1, 2024

Accordingly, they say, the class is both adequately defined and clearly ascertainable. … Dometic Corp., 986 F.3d 1296, 1302 (11th Cir. 2021) (“Class representatives bear the burden to establish that their proposed class is adequately defined and clearly ascertainable, and they must satisfy this requirement

Pectol v. Secretary, Department of Corrections

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

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410. … In sum, the Court concludes that the Petitioner fails to demonstrate that the state courts’ decision rejecting her claim was contrary to or involved an unreasonable application of clearly established federal law.

Skindariene v. Royal Caribbean Group

District Court, S.D. Florida · Oct 1, 2025

Because this evidence is sufficient to establish constructive notice, we decline to address whether Royal Caribbean had actual notice of the dangerous condition or whether constructive notice could have been established … Campos’s qualified (and inadmissible) answer is thus insufficient for a reasonable jury to conclude that Royal Caribbean approved the ice-skating rink’s design.

National Advertising Co. v. City of Miami

288 F. Supp. 2d 1282 · District Court, S.D. Florida · Sep 26, 2003

They review the application, the licenses of the qualifier, the address, all the pertinent information. They issue you a plan number, a process number. … Const.; (2) National failed to establish standing; and (3) National’s claims are moot. In this Order, the Court will address the City’s argument that National’s claims are not ripe for judicial review.

U.S. Equal Employment Opportunity Commission v. Michael Sinclair, M.D.P.A.

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

Here, the EEOC offers the sworn charge of discrimination, see ECF No. 1-5, which identifies Respondents as each having between 15 and 100 employees, qualifying Respondents as “employers” under Title VII. … Sebai and/or her charge of discrimination are clearly relevant to the EEOC’s investigation. The other requested materials that are not specific to Ms.

Scotton v. United States

District Court, S.D. Florida · Sep 2, 2022

4 Regarding the Giglio claim, Movant specifically asserts appellate counsel failed to assign as error that the Government: (1) denied granting Movant’s ex-wife, Ailyn Mollinedo, immunity … Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009) (per curiam) (“[A] party that wishes to preserve its objection must clearly advise the district court and pinpoint the specific findings that the party disagrees with.”)

Baez v. Florida Department of Corrections

District Court, S.D. Florida · Apr 11, 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).

Kantsepolsky

District Court, S.D. Florida · Nov 10, 2025

(stating that a district judge “evaluate[s] portions of the R & R not objected to under a clearly erroneous standard of review” (citing Davis v. Apfel, 93 F. Supp. 2d 1313, 1317 (M.D. … “[I]n assessing the propriety of an injunction entered to stop a state court proceeding, the sole relevant inquiry is whether the injunction qualifies for one of the exceptions to the Anti-Injunction Act.”

Garcia-Bengochea v. Carnival Corporation

District Court, S.D. Florida · Aug 26, 2019

Under Rule 12(b)(6), a complaint may be dismissed based on an affirmative defense only where the defense “clearly appears on the face of the complaint.” … Patrickson, 538 U.S. 468, 475 (2003) (applying corporate law principles to Foreign Sovereign Immunities Act because Congress used language such as “shares” and “separate legal oe indicating that “Congress .

Grose v. American Airlines, Inc.

District Court, S.D. Florida · Jul 11, 2022

There’s clearly that separation there.” [Pl.’s Resp. SMF ¶55]. … Safety reasons clearly support that any such incident be reported prior to the plane’s departure.

Wareing Through Wareing v. United States

943 F. Supp. 1504 · District Court, S.D. Florida · Jul 16, 1996

Wilhelm was qualified as an expert in the field of rehabilitation and life care planning. Dr. … The Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., is an express waiver of that immunity.

Goltv, Inc. v. Fox Sports Latin America Ltd.

277 F. Supp. 3d 1301 · District Court, S.D. Florida · Sep 19, 2017

“However, that principle of law is qualified by the added principle that under some circumstances a party seeking to rely upon the representations of an agent may have a duty to inquire further.” … of New York An “adequate and available” forum is one in which the court “can assert jurisdiction over the litigation (availability), cognizant that only in rare circumstances will the remedy offered by the other forum be clearly

Najjar v. Reno

97 F. Supp. 2d 1329 · District Court, S.D. Florida · May 31, 2000

Boyd, 351 U.S. 345, 354 , 76 S.Ct. 919 , 100 L.Ed. 1242 (1956) (finding that “Congress did not provide statutory standards for determining who, among qualified applicants for suspension [from deportation], should receive … (holding bond redetermination decision may only be overridden “where it is clearly shown that it ‘was without a reasonable foundation.’”) (internal citation omitted).

Exum, Jr. v. National Tire and Battery

District Court, S.D. Florida · Jan 28, 2020

Clearly, the Article III standing inquiry in this case raises difficult and complex issues. … And, as the Eleventh Circuit has explained, “[c]ertainly, an economic injury qualifies as a concrete injury.” Jd.; see also MSPA Claims 1, LLC y. Tenet Fla.

Telesat Cablevision, Inc. v. City of Riviera Beach

773 F. Supp. 383 · District Court, S.D. Florida · Sep 13, 1991

No. 2335 which established Article C of Chapter 11 of the City Code. … Encouragement of “localism” certainly qualifies as an important or substantial interest. 879 F.2d at 1547.

MSP Recovery Claims, Series LLC v. ACE American Insurance Company

District Court, S.D. Florida · Jun 7, 2022

A proposed class is clearly ascertainable if its membership is “capable of being determined.” Id. at 1303 (interior quotation omitted). … First, to establish standing in its Motion, Plaintiff cites just a few pieces of evidence.

Office Depot, Inc. v. National Union Fire Insurance

734 F. Supp. 2d 1304 · District Court, S.D. Florida · Oct 27, 2010

Meridian Yachts, Ltd., 575 F.3d 1151 (11th *1314 Cir.2009), because there is clearly no difference in the substantive law of the competing states, the court will simply apply the law of the forum as the more expedient method … Office Depot’s Internal Investigation and Audit Expenses and SEC Response Costs Do Not Qualify as “Defense Costs” or Covered “Loss” Which Arise From a “Securities Claim” or “Claim” Made Against Any Insured.

Doe v. Pompeo

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

In its decree of legitimation, the Court clearly stated “[t]he Court finds that the following child is subject of this suit: NAME: Ivan Gabriel Aguilera . . . BIRTHPLACE: Canutillo, El Paso County, Texas.” … The government similarly fails to engage with the baptismal records, immunization records, education history, and the like which contribute to the significant evidence provided by the Plaintiff that he is a United States

Rodriguez v. Dayma Design, Inc.

District Court, S.D. Florida · Oct 11, 2024

Finally, Plaintiffs argue that Count XI sufficiently alleges the exhaustion of administrative remedies, and that Dayma Design employed the requisite number of employees to qualify as an “employer” under the … Therefore Plaintiffs’ claims are clearly “factually duplicative of the FLSA counts and based upon a violation of rights created by the FLSA.”