Case law

Perpall v. United States

District Court, S.D. Florida · Dec 9, 2022

Counsel was then able to get Odom to admit that he didn’t reveal his drug dealing past until after the Government granted him immunity. See id. at 134–36. … Then when he gets immunity from prosecution from the government, he tells a different story about the drug deal. . . . He’s evasive. He’s dancing. He’s not being truthful.

Martin v. Singletary

795 F. Supp. 1572 · District Court, S.D. Florida · May 8, 1992

One of the objective factors that the Supreme Court has said qualifies as *1584 cause is that the factual or legal basis for a claim was not reasonably available to counsel. Murray v. … I will ask you again, do you feel that everything about his manner clearly highlighted the fact that he was having emotional difficulty? [Scarola]: Yes, sir.

Calderon v. SIXT RENT A CAR, LLC

District Court, S.D. Florida · Feb 12, 2020

Under a plain-and-common-sense construction of this clause, the second-person pronoun “you” clearly refers to the customer (again, in this case, Marin), not Sixt. … Marin’s claims here do not fall qualify as any of these “Claims.” The allegations against Sixt do not involve his use of Orbitz.com.

Miller v. PNC Financial Services Group, Inc.

278 F. Supp. 3d 1333 · District Court, S.D. Florida · Oct 2, 2017

. • After you have been disabled for 24 months: you are disabled if your disability makes you unable to perform the material duties of any occupation for which you are or can become qualified to perform by education, training … Moreover, “when discretion is not clearly granted to the administrator, de novo review 4s appropriate because, in that- case, deferential review ‘would afford less protection to employees and their beneficiaries - than they

Alvarez Galvez v. Fanjul Corp.

District Court, S.D. Florida · Apr 12, 2021

Whether domestic corporations are similarly immune from ATS liability is an issue presently pending before the Supreme Court. See Doe v. Nestle, S.A., 929 F.3d 623 (9th Cir. 2019), cert. granted sub nom. … Plaintiffs’ Failure to Establish Subject Matter Jurisdiction Under the ATS With these principles in mind, the Court finds that Plaintiffs have failed to establish subject matter jurisdiction under the ATS.

Blue Chip Alliance, LLC v. CHETU, Inc.

District Court, S.D. Florida · Aug 8, 2024

Clearly, there is disputed issues of material fact as to whether (1) what was indeed stated in the Zoom meeting in question; (2) whether that statement was a false (2) whether Chetu intended to induce Blue Chip to begin … prior decisions of its own or of a coordinate court in any circumstance” the rule of thumb is that “courts should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was “clearly

Hazelitt v. Royal Caribbean Cruises, Ltd.

District Court, S.D. Florida · Jul 26, 2023

In her Complaint, Plaintiff alleged that pursuant to Defendant’s excursion approval process, “[D]efendant is supposed to verify whether the operator and its agents are qualified, competent and whether they reasonably … Here too, Plaintiff’s Complaint does not clearly and specifically allege Defendant’s intent to benefit Plaintiff primarily and directly. See ECF No. [1].

Sami v. The Guardian Life Insurance Company of America

District Court, S.D. Florida · Jul 22, 2024

We accept these facts for summary- judgment purposes only and recognize that “[t]hey may not be the actual facts that could be established through live testimony at trial.” Snac Lite, LLC v. … GARNER, READING LAW: THE INTERPRETATION OF LEGAL TEXTS 257 (2012) (“The new text is the law, and where it clearly makes a change, that governs.”).

Securities and Exchange Commission v. The Movie Studio, Inc.

District Court, S.D. Florida · Dec 23, 2024

Clearly, arguments regarding the sufficiency or veracity of Plaintiff’s evidence (i.e., whether Plaintiff has proved its case at trial) are permissible. … The best approach is for the Court to require Defendant to seek leave before referencing any advice of counsel defense to the jury and proffer to the Court how it will be able to establish such a defense.

Medmarc Casualty Insurance Company v. Yanowitch

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

Here, the Underlying Complaint clearly alleges that Yanowitch was employed by Josephs Law and that “while in the course and scope of his employment at the Josephs Law Firm, [he] breached various fiduciary duties he owed … Yanowitch Law, however, does not qualify as an insured under the Medmarc Policy. There are no allegations in the Underlying Complaint that Yanowitch Law is a predecessor firm to, or an employee of, Josephs Law.

Avini Health Corporation v. BioGenus LLC

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

Plaintiff operates on an affiliate marketing model and generally sells branded products for detoxification, immune system support, and over-the- counter pain relievers. FAC ¶ 6. … The Clerk’s Entry of Default Both requirements of the two-step procedure explained above are clearly met here, as explained below.

Baxter v. Florida Department of Corrections

District Court, S.D. Florida · Apr 25, 2023

An “unreasonable application of [clearly established] federal law is different from an incorrect application of federal law.” Id. at 410. … Here, although Petitioner now claims the trial court’s decision “was contrary to or involved an unreasonable application of clearly established Federal Law”, ECF No. [23] at 5, the Court concludes this is merely an attempt

In Re United States Sugar, Corp. Litigation

669 F. Supp. 2d 1301 · District Court, S.D. Florida · Apr 28, 2009

Plaintiffs do not cite to any case applying Delaware law that clearly indicates that they are entitled to standing to bring a direct claim as trust beneficiaries. … Section 12(g)(2)(H) contains an exemption from registration for qualifying “stock-bonus, pension, or profit-sharing plans.” Plaintiffs argue that for the exemption, “U.S.

Thorpe v. Walter Investment Management, Corp.

111 F. Supp. 3d 1336 · District Court, S.D. Florida · Jun 30, 2015

.) • In a March 19, 2013 fourth quarter earnings conference call, Defendant O’Brien stated, “[i]n the servicing business, we have added significant additional product capabilities and clearly added scale. … Meyer, 710 F.3d at 1201 n. 13 (finding that an investigation can qualify as a corrective disclosure if it is “coupled with a later finding of fraud or wrongdoing”).

Camacho v. United States

District Court, S.D. Florida · Nov 19, 2019

“The plaintiff’s choice of forum should not be disturbed unless it is clearly outweighed by other considerations.” Robinson v. … And the remaining Manuel factors “clearly outweigh[],” Robinson, 74 F.3d at 260, the Plaintiff’s choice of forum here.

Louissaint v. Miami-Dade County

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

A witness’s opinion which is “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and (c) not based on scientific, technical … Evid. 701, even if that witness’s experience “could have qualified him for expert witness status[,]” LeCroy, 441 F.3d at 927 (alteration added; emphasis omitted).

Nautilus Insurance Company v. Pinnacle Engineering & Development, Inc.

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

Emuna replies that “Nautilus’ Corporate Representative clearly establishes that at all material times this was an apartment project for purposes of the Policies.” ECF No. [57] at 7. … Nautilus has established it is entitled to summary judgment in its favor. Conversely, Emuna has not met its burden to establish it is entitled to summary judgment. IV.

Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A.

267 F. Supp. 2d 1268 · District Court, S.D. Florida · May 9, 2003

as protected computers under the CFAA. 3 The value of the information obtained from these acts, which Four Seasons’ hotel industry expert credibly established as $2,090,000, is clearly in excess of the statutory threshold … The court considered the evidence ‘more than ample’ to show likelihood of confusion, and the district court’s findings of fact are not clearly erroneous.

Hidalgo

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

Establishing Disability Through Subjective Allegations A claimant seeking to demonstrate disability using testimony of pain or other subjective symptoms must establish “evidence of an underlying medical condition … See Mitchell, 771 F.3d at 782 (“[W]e we will not disturb a clearly articulated credibility finding supported by substantial evidence . . . .”).

Alston v. www.calculator.com

District Court, S.D. Florida · Aug 3, 2020

“To qualify for that safe-harbor, [Stands4] must have had both a subjective belief and an objectively reasonable belief in the lawfulness of its actions.” Pensacola Motor Sales Inc. v. E. … Plaintiff’s TRO Motion and accompanying exhibits in support clearly set forth ongoing injuries beyond monetary losses.