Case law

Paulino v. Westlake Services, LLC.

District Court, S.D. Florida · Jun 13, 2024

Here, the FTC Report and Police Report are clearly central to Plaintiff’s claims, as they are the means by which he reported the identity theft pursuant to § 1681c-2(a)(2). … In sum, the Court finds that Plaintiff has plausibly established that the FTC Report and the Police Report qualify as “identity theft reports” under § 1681a(q)(4).

Club Madonna Inc v. City of Miami Beach

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

Because Plaintiff prevailed on the one Federal preemption count, which it says “clearly changed the parties’ legal relationship and benefitted Club Madonna[,]” Plaintiff argues that “Defendant did not prevail and cannot … In addressing Counts VIII and XI, the Report and Recommendations noted that, although the Ordinance did not place a ban on tipping -- as Plaintiff alleged -- it could have been written more clearly.

ECB USA, Inc. v. Chubb Insurance Company of New Jersey

District Court, S.D. Florida · Dec 17, 2021

qualifies the phrase immediately preceding it (namely, “asset recovery and strategy planning”). … If the insured is not “specifically and clearly informed of [a] change, the renewal will be ineffective.” See McClellan v. Feit, 870 A.2d 644, 649 (N.J. App.

Pearson v. Deutsche Bank AG

District Court, S.D. Florida · Mar 23, 2023

Defendants reply that Ratner excluded transactions from his Inconsistent Use Damages calculations that clearly were not made in connection with South Florida real estate development or investment in marketable securities … Fraher testified that he was tasked with establishing “the initial policies, procedures and practices with respect to standing up [the] [Office of Foreign Asset Control (OFAC)]/[Bank Secrecy Act (BSA)]/[anti-money laundering

Amaya v. Vilsack

District Court, S.D. Florida · Mar 26, 2024

or she was qualified for and applied for a position that the employer was seeking to fill; (iii) despite qualifications, he or she was rejected; and (iv) the position was filled with an individual outside the protected … “Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses confidence

Luton v. Prudential Insurance Co. of America

88 F. Supp. 2d 1364 · District Court, S.D. Florida · Mar 23, 2000

undefined term ‘mental disorder’ was ambiguous because the plan did not specify whether a mental disorder should be determined by looking to the cause or symptoms of the disability or whether a combination of the two could qualify … Defendant’s Burden to Prove Its Interpretation was not Influenced by Self-Interest Once the plaintiff has established a reasonable interpretation for an ambiguous term in the plan, and that term has accordingly been construed

Elena Shchegoleva

District Court, S.D. Florida · Jan 12, 2026

If each requirement is established, “the district court must allow” intervention. See id. … Similar to the second factor, Applicant’s argument that Movant is not practically disadvantaged by production of what she characterizes as her own records is not persuasive as her allegations clearly explain that she is

United States v. Approximately $3,275.20 Seized from Bank of America Account Number 229052527244

District Court, S.D. Florida · Aug 28, 2024

In addition to establishing Article III standing, a claimant in a civil forfeiture action bears the burden of also establishing statutory standing. U.S. v. $688,670.42 Seized from Regions Bank Account No. … In short, Vega’s limited participation in this case does not qualify as a circumstance that would warrant affording her leeway to file her answer out of time.

Kleckner v. Florida Department of Corrections

District Court, S.D. Florida · Mar 31, 2023

involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States;” or (2) “was based on an unreasonable determination of the facts in light of the evidence … An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410.

Mid-Continent Casualty Co. v. Basdeo

742 F. Supp. 2d 1293 · District Court, S.D. Florida · Sep 27, 2010

Nevertheless, where a policy clearly delineates what is excluded, courts must enforce such exclusions. Id. … Because Defendants seek coverage for damages qualifying as “property damage,” the Court considers whether Exclusions j.(5) and j.(6) exclude such coverage.

SULLY v. SCOTTSDALE INSURANCE COMPANY

District Court, S.D. Florida · Apr 7, 2021

Compare Quadomain, 2007 WL 1424596, at *3 (explaining that a Florida Declaratory Judgment Act claim requires “(1) a bona fide adverse interest between the parties concerning a power, privilege, immunity or right of the … The Plaintiffs never hinted at their own Article III problem until they filed this Motion, and we don’t think the (otherwise vague and peculiar) Complaint raised this issue clearly—at least not so clearly as to render the

Holley v. Carnival Corporation

District Court, S.D. Florida · Nov 15, 2021

by Plaintiff’s treating physicians; (c) Plaintiff’s medical records; (d) Plaintiff’s reference to hearsay medical testimony; (e) Evidence that qualifies … It is also well established that the collateral source rule—both in its substantive and evidentiary roles—applies to maritime tort cases. See Bourque, 623 F.2d at 352, 354.

Hammad v. LOWE'S HOME CENTERS LLC

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

Thus, adding Plummer, McNulty, and Cruz as defendants qualifies as a substantive amendment and not merely a substitution of parties. … To allege fraudulent joinder, Defendant must establish that there is no possibility Plaintiff can establish a cause of action against Plummer, McNulty, or Cruz under Florida law. Crowe v.

Jaramillo v. Naranjo

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

Estrada qualifies as an extrajudicial killing, we turn to whether Defendant tortured Mrs. Calderon. … The undisputed evidence is therefore sufficient to establish a conspiracy.

A & M Gerber Chiropractic LLC v. GEICO Gen. Ins. Co.

291 F. Supp. 3d 1318 · District Court, S.D. Florida · Nov 17, 2017

On the other hand, "an affirmative defense is generally a defense that, if established, requires judgment for the defendant even if the plaintiff can prove his case by a preponderance of the evidence." Vasquez v. … Relying upon the language in this statute, especially the bolded language, GEICO argues that these "clearly show that all reimbursements are subject to a 20% copayment." ECF No. [93] at 14.

Levy v. Miami-Dade County

254 F. Supp. 2d 1269 · District Court, S.D. Florida · Feb 27, 2003

Since 1957, several annexations have been approved and seven new municipalities have been established. Comb. Stip. ¶ 16. 26. … AFTER SEPTEMBER 1, 2000, THE PRE-AGREED CONDITIONS BETWEEN THE COUNTY AND THE PROSPECTIVE MUNICIPALITY WHICH ARE INCLUDED IN THE MUNICIPAL CHARTER CAN ONLY BE CHANGED IF APPROVED BY THE COUNTY COMMISSION PRIOR TO A VOTE OF QUALIFIED

Morrison, M.D. v. Delray Medical Center, Inc

District Court, S.D. Florida · Apr 19, 2024

The FAC clearly alleges that the Settlement Agreement arose out of DMC’s purported investigation of Dr. … “A promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.” Cintas Corp. No. 2 v. Schwalier, 901 So. 2d 307, 309 (Fla. Dist.

Shepard v. Florida Department of Corrections

District Court, S.D. Florida · Jul 19, 2022

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).

P G CREATIVE, INC. v. AFFIRM AGENCY LLC

District Court, S.D. Florida · Oct 31, 2019

On May 20, 2019, Defendants moved to dismiss based on: (1) lack of personal jurisdiction and improper venue; (2) failure to join an indispensable party; and (3) sovereign immunity. [ECF No. 37]. … As set forth below, Plaintiff has not established that Defendants committed a tortious act within Florida.

Pierre v. Secretary, Florida Department of Corrections

District Court, S.D. Florida · Aug 18, 2022

“Clearly established Federal law” means “the holdings, as opposed to the dicta, of [the United States Supreme Court’s] decisions as of the time of the relevant state-court decision.” Williams v. … “[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme] Court.”