Case law

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

National Bancard Corp.(NaBanco) v. VISA USA

596 F. Supp. 1231 · District Court, S.D. Florida · Sep 20, 1984

Further, a price-fixing agreement that establishes maximum prices is considered to be as illegal as one establishing minimum prices. Arizona v. … NaBanco must then establish market power.

Luis Reyes v. GARLAND

District Court, S.D. Florida · Oct 21, 2024

Karimova’s argument hinges on defining what it means to conclude a visa application in a manner that neither a federal statute nor regulation clearly requires. … July 14, 2022) (“Despite [the plaintiff’s] attempt to apply the timeframe established by Congress in 8 U.S.C. § 1571(b)—which states that [the Department of State (“DOS”)] must adjudicate immigration benefits within 180

Smith v. Florida Department of Corrections

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

Katzoff v. NCL BAHAMAS, LTD.

District Court, S.D. Florida · Apr 19, 2021

Hazards and obstructions should be clearly marked according to their policy. 3. … The burden of establishing the reliability of an expert’s opinions rests on the proponent of that expert’s testimony. U.S. v. Frazier, 387 F.3d 1244, 1244 (11th Cir. 2004).

Kuehn v. Kristina Reed, P.A.

District Court, S.D. Florida · Jan 9, 2020

An exemption should be “applied only to those clearly and unmistakably within the terms and spirit of the exemption.” Morgan v. … The inquiry into whether an individual qualifies as an independent contractor is not identical to the inquiry into whether an individual’s primary duty includes the exercise of discretion and independent judgment.

Gonzalez v. Cano Health, Inc.

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

Here, the key issue is whether Cano Health’s guidance related to MRA revenue is immunized from liability under the PSLRA’s safe harbor provision. 15 U.S.C. § 78u- 5(c)(1). … Although such warnings may not qualify as meaningful cautionary language15 against the “upcoding” or “overly manual” accounting Plaintiff alleges to be the cause of Cano Health’s inability to reliably estimate future MRA

Cook

District Court, S.D. Florida · Aug 28, 2026

an adverse employment action, (3) that she was qualified to perform the job in question, and (4) that her employer treated ‘similarly situated’ employees outside her class more favorably.” … So we’ll warn Cook that, if he files a second amended complaint, he must clearly distinguish between MDC’s actions and the Sheriff’s. See Weiland v. Palm Beach Cnty.

Hayes v. Starling

District Court, S.D. Florida · Apr 25, 2022

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 … App’x at 859–60 (“It is not clearly established that requiring an inmate to bend over, spread his buttocks, and cough . . . is an unreasonable and abusive search.”); Boddie v.

In Re Yarn Process Patent Validity & Anti-Trust Litigation

398 F. Supp. 31 · District Court, S.D. Florida · Feb 27, 1975

machines, and the inventive aspect of that claim is supported by both claim 3 of the ’552 patent and the ’912 patent, 6 and claimed by the ’912 patent, 7 the practicing of claim 3 of the ’552 patent on the Barmag machine is immune … Stoddard does not refer to this fact, so based on the Schaeffer affidavit it will be deemed established.

Block v. Matesic

District Court, S.D. Florida · Jun 5, 2023

To establish a conspiracy under Florida law, after all, the Plaintiff must show “(a) an agreement between two or more parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of some overt … “As long as an attorney’s conduct falls within the scope of his representation, the attorney is immune from allegations of . . . conspiratorial conduct. . . . [H]owever, . . .

Cuffy v. Dixon

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

[did] not qualify as a new judgment . . . [it] instead relate[s] back to the date of the original judgment”); Richardson v. Sec’y, Dep’t of Corr., No. 20-CV-489, 2023 WL 4419731, at *2 (M.D. Fla. … The order denying Petitioner’s Application was not published and did not “establish” any law, so it has no precedential weight.

MDS (Canada), Inc. v. Rad Source Technologies, Inc.

822 F. Supp. 2d 1263 · District Court, S.D. Florida · Sep 30, 2011

evidence of circumstances” that establishes Rad Source’s refusal as unreasonable. … Waiver can be established through express language or implied by conduct that clearly leads a party to believe that a right has been waived. PNC Bank v.

In Re Managed Care Litigation

298 F. Supp. 2d 1259 · District Court, S.D. Florida · Dec 8, 2003

Moreover, the SAC alleges practices which clearly do not deal with the transfer or spreading of a policy-holder’s risk. … Accordingly, the second element is clearly met. The parties primarily dispute the existence of the third Hunt requirement.

United States v. Kowalik

809 F. Supp. 1571 · District Court, S.D. Florida · Dec 11, 1992

See Argomaniz at 1356 ; Fisher 425 U.S. at 411 , 96 S.Ct. at 1581 (to qualify for the privilege, the information must “add ... to the sum total of the government’s information”). … United States, 364 U.S. 372, 379 , 81 S.Ct. 138, 142 , 5 L.Ed.2d 136 (1960) (“The evidence clearly supported an inference that [the defendant] could have produced [the records]....

In re Chiquita Brands International, Inc.

190 F. Supp. 3d 1100 · District Court, S.D. Florida · Jun 1, 2016

In this case, however, Plaintiffs’ Complaints do not, on their face, contain allegations clearly triggering application of the exhaustion-of-local-remedies defense. … That is, Plaintiffs allege sufficient facts which, if proven, could establish secondary liability based on conspiracy.

Burns v. Town of Palm Beach

343 F. Supp. 3d 1258 · District Court, S.D. Florida · Sep 28, 2018

Judge Reinhart noted that both parties suggest similar tests for determining whether Plaintiff's proposed residence qualifies as First Amendment expression. Report at 18. … Because merchandise that clearly has a alternative, non-expressive purpose-such as the recreational, apparel, and transportation goods mentioned above-is more likely to possess only marginally expressive content or to have

Nicor International Corp. v. El Paso Corp.

292 F. Supp. 2d 1357 · District Court, S.D. Florida · Nov 24, 2003

In this case, Nicor and Carib do not clearly identify which, if any, of the foregoing grounds for non-recognition specified in the Convention apply to this case, but instead argue that the Final Arbitration Award should not … Sheppard, 919 F.2d 665, 673 (11th Cir.1990) (finding plaintiff failed to establish liability under federal or state RICO because plaintiff established only single incident of battery and false imprisonment). .

Hadley

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

Bober has clearly alleged all the required elements of both defamation and defamation per se, whether via libel or slander. … At the very least, it is not firmly established that Dr.

Commodity Futures Trading Commission v. NOTUS LLC

District Court, S.D. Florida · Sep 22, 2023

Having considered these factors, the Court finds that the Commission has established a reasonable likelihood of future violations. … July 27, 2005) (“The Act clearly permits district courts to issue restraining orders and asset freezes and the legislative history of the Act clearly demonstrates that Congress intended an asset freeze to preserve the