Case law

Scottsdale Ins. Co. v. Granada Ins. Co.

371 F. Supp. 3d 1130 · District Court, S.D. Florida · Feb 5, 2019

To Defendant, these circumstances "clearly make[ ] the claim at issue a completed operations hazard and therefore preclude[ ] National Concrete from qualifying as an additional insured under the policies." ( Id. … Finding that an identical completed-operations hazard exclusion provision barred coverage, the court noted the "residents had moved their personal property in the condominium units" and that fact "unambiguously establishes

Gaskin

District Court, S.D. Florida · Jan 6, 2026

In that regard, the Court disagrees with Defendant; the R&R did not “fail[] to address” something that was not squarely and clearly before Her Honor. [See ECF No. 91 at 4]. … To establish a prima facie case of discrimination under the ADA, the employee must show evidence that “at the time of the adverse employment action, (1) he was regarded as having a disability; (2) he was a qualified individual

Fioretti v. Massachusetts General Life Insurance

892 F. Supp. 1492 · District Court, S.D. Florida · Sep 24, 1993

There appear to be no eases on point from the New Jersey state courts, but a recent decision by the district court squarely confronted the issue and clearly interpreted New Jersey law as permitting an impostor exception to … Plaintiff disagrees, contending that in actuality, the policy would not qualify to be an ERISA plan, since Anthony Fioretti was its only member entitled to benefits, and ERISA does not apply to single-employee plans.

Hinestroza v. Florida Department of Corrections

District Court, S.D. Florida · Jan 31, 2022

An “unreasonable application” of clearly established federal law is different from an incorrect application of federal law. Id. at 410 (quoting Bell v. Cone, 535 U.S. 685, 694 (2002)). … Accordingly, the Fourth DCA’s rejection of this claim was not contrary to, or an unreasonable application of, clearly established federal law or an unreasonable determination of the facts.

Millstein v. Holtz

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

An examination of the law relating to the establishment and breach of fiduciary duty clearly precludes this argument. … Based on the aforementioned criteria, Plaintiff’s Amended Complaint does not qualify as a shotgun pleading.

Williams v. Florida Department of Corrections

District Court, S.D. Florida · Jan 29, 2024

An “unreasonable application of [clearly established] federal law is different from an incorrect application of federal law.” Id. at 410 (emphasis in original). … 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).

Burgos v. Florida Department of Corrections

District Court, S.D. Florida · Nov 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.”

Slade v. State of Florida

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

An “unreasonable application of [clearly established] federal law is different from an incorrect application of federal law.” Id. at 410 (emphasis in original). … established Supreme Court precedent.”).

Aksyonov v. Commissioner of Social Security

District Court, S.D. Florida · Sep 17, 2024

“These regulations place [] a very heavy burden on the claimant to demonstrate both a qualifying disability and an inability to perform past relevant work.” Moore v. … If the claimant cannot perform past relevant work, then a prima facie case of disability is established.

Skyywalker Records, Inc. v. Navarro

739 F. Supp. 578 · District Court, S.D. Florida · Jun 6, 1990

The only witness testifying at trial that there was political content in the Nasty recording was Carlton Long, who was qualified as an expert on the culture of black Americans. … These two procedures were clearly insufficient to meet the minimum requirements of due process.

Medina

District Court, S.D. Florida · Dec 24, 2025

That conclusion was based, in part, on Plaintiffs’ failure “to clearly identify which defendant was responsible for the wrongful conduct in each count.” … So even if the new evidence did not constitute defamation, it would still fail to establish a required element of witness tampering, witness retaliation, and obstruction of justice and would still fail to establish one

Renford v. Inch

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

Roche v. Rushmore Loan Management Services, LLC

District Court, S.D. Florida · Mar 25, 2020

Further, an RFI can qualify as a QWR. See Miranda v. Ocwen Loan Servicing, LLC, 148 F. Supp. 3d 1349, 1353-54 (S.D. … applicable to a request for information with respect to such qualified written request.”).

QBE Insurance v. Jorda Enterprises, Inc.

277 F.R.D. 676 · District Court, S.D. Florida · Jan 30, 2012

Gold issued, a trial scheduling Order (ECF 28), setting the trial for the calendar beginning December 19, 2011 and establishing a July 29, 2011 deadline for all non-expert discovery. … Gold, as the Undersigned does not have the authority or the inclination to unilaterally change a discovery deadline established by the district court judge. .

Payne v. Barwick

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

The Orchard clearly had power to stop or limit the infringement by not posting the infringing activity. … Fla. 2019) (holding “dismissals without prejudice in general, usually do not qualify parties for prevailing party status.”); Dattner v.

Bahr v. NCL (Bahamas) Ltd.

District Court, S.D. Florida · Oct 18, 2021

Frain’s 16- page report is fundamentally different from the expert’s report in Ciomber that was clearly deficient. Rather, this Court finds that Dr. Frain’s report contains a sufficient disclosure of Dr. … Walker’s MRI analysis is material to Plaintiff’s case in establishing Plaintiff’s injuries. Plaintiff also explained the failure to comply. ECF No. [72] at 9. Defendant had an opportunity to depose Dr.

Allocco v. City of Coral Gables

221 F. Supp. 2d 1317 · District Court, S.D. Florida · Aug 23, 2002

As the CGPD reviewed its hiring procedures and those of UMPSD, it established new procedures for persons it deemed qualified to be sworn in as City officers. … Alen had an obligation to review the CGSOPs, which clearly reflect his classification as a part-time officer.

Hall v. Carnival Corporation

District Court, S.D. Florida · Mar 21, 2022

Here, Defendant has asserted comparative negligence as an affirmative defense, and intoxication is clearly relevant to Plaintiff’s exercise of reasonable care. … Here, while the statements satisfy the first prong of the definition of hearsay, Plaintiff asserts that she does not intend to introduce the statements for the their truth, i.e. to establish her ability to zip line, to

LUPIN ATLANTIS HOLDINGS SA, a foreign corporation v. ZENG

District Court, S.D. Florida · Oct 15, 2024

The Magistrate Judge further found that under Florida statutes governing commercial transactions, the surviving corporation of a merger “shall have all the rights, privileges, immunities and powers, and shall be subject … As it is well established that courts “should freely give leave [to amend] when justice so requires,” Fed. R. Civ.

Securities and Exchange Commission v. Kornfeld

District Court, S.D. Florida · Sep 28, 2021

In other words, the SEC describes itself as a super- creditor, immune from the exemptions which would prevent other types of creditors from executing on property exempt from collection under state law. … The reason that that was implemented in 2017 to put the house in the -- in her trust was clearly for some reasons completely different than hiding it from the SEC.