Case law
Opinions from 1658 to today.
2,119 results
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Campbell v. Allstate Insurance Company
District Court, S.D. Florida · Jan 15, 2021
motion for summary judgment and its opposition to each be accompanied by a statement of material facts.1 A movant’s statement must list those material facts that it contends are not genuinely disputed; an opponent’s must “clearly … Allstate argues that because it is merely a WYO private insurer, it does not qualify as a federal agency, and thus the EAJA does not apply. Id. at 14.
Cited 0 timesUnknownCapua v. AIR EUROPA LINEAS AEREAS S.A. INC.
District Court, S.D. Florida · Mar 15, 2021
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify … However, “[t]he party seeking enforcement of an agreement has the burden of establishing that an enforceable agreement exists.” CEFCO v. Odom, 278 So. 3d 347, 352 (Fla. 1st DCA 2019).
Cited 0 timesUnknownDistrict Court, S.D. Florida · Oct 14, 2021
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of … The Magistrate Judge agreed, finding that the trial court’s conclusion did not violate clearly established federal law.
Cited 0 timesUnknownSabbagh Soterano v. Oropeza Aponte
District Court, S.D. Florida · Jun 2, 2023
The Father Established a Prima Facie Case Under the Convention Given the record, the Father has established by a preponderance of the evidence that he was exercising his custodial rights under Venezuelan law® at the … The Father has established a prima facie case for return.
Cited 0 timesUnknownHealthcare Ally Management of California, LLC v. Unitedhealthcare Services, Inc.
District Court, S.D. Florida · Oct 22, 2024
Moreover, as noted above, the Ninth Circuit has clearly defined this term and relied on it in its decisions. . . . … (“True—recent case law has established the rate/right distinction, but only in complete preemption cases where the issue was subject matter jurisdiction.”); Worldwide Aircraft Servs. Inc. v. Worldwide Ins.
Cited 0 timesUnknownDistrict Court, S.D. Florida · Mar 30, 2023
“A defense is insufficient as a matter of law only if: (1) on the face of the pleadings, it is patently frivolous, or (2) it is clearly invalid as a matter of law.” Microsoft Corp. v. … For the reasons discussed therein, the absolute litigation privilege doctrine does not bar Elbadramany’s counterclaims, although Svistina may possibly invoke “a qualified” privilege. See id. (quoting Am.
Cited 0 timesUnknownMcCormack v. Florida Department of Corrections
District Court, S.D. Florida · Oct 27, 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).
Cited 0 timesUnknownDistrict Court, S.D. Florida · Jan 2, 2025
Because court opinions “are not intended as mere first drafts, subject to revision and reconsideration at a litigant’s pleasure,” a motion for reconsideration must clearly “set forth facts or law of a strongly convincing … Plaintiff responds that the stipulations for settlement were signed under duress and that he does not qualify as a vexatious litigant, ECF No. [41] at 5, 8.
Cited 0 timesUnknownDistrict Court, S.D. Florida · Nov 19, 2024
The circumstances of the Defendant’s offense clearly involve moral turpitude. offense inherently involves not only a dishonest action but the conscious intention to deceive. … applicant has committed a crime is among the questions that applicants for citizenship are asked in their naturalization interview, and the answer is undoubtedly material to a determination of whether said applicant qualifies
Cited 0 timesUnknownCommodity Futures Trading Commission v. Fingerhut
District Court, S.D. Florida · Jan 7, 2021
The CFTC has established both elements. … These manipulative and deceptive devices are in connection with swaps and commodities because binary options qualify as swaps, digital assets qualify as commodities, and options on digital assets qualify as swaps. 7 U.S.C
Cited 0 timesUnknownBudd v. Florida Department of Corrections
District Court, S.D. Florida · Nov 3, 2023
An “unreasonable application of [clearly established] federal law is different from an incorrect application of federal law.” Id. at 410 (emphasis in original; alteration added). … Consequently, Petitioner fails to establish that defense counsel was deficient in this regard. Petitioner also fails to establish prejudice.
Cited 0 timesUnknownDistrict Court, S.D. Florida · May 11, 2022
Caldwell is qualified as an accident reconstructionist, with more than 47 years of experience and more than 5,000 studied events, see (ECF No. 40 at 6), he is not sufficiently qualified on human factors to provide an expert … Dec. 20, 2019) (excluding expert’s opinion on “gait, signage, and visibility” where he was not qualified as human factors expert); Padula, 2017 WL 7792714, at *5 (without human factors expertise, witness was not qualified
Cited 0 timesUnknownValidsa, Inc. v. PDVSA Services Inc.
632 F. Supp. 2d 1219 · District Court, S.D. Florida · Jul 10, 2009
The undisputed facts establish that Plaintiff had more than reasonable grounds for insecurity with respect to Defendants’ performance under the Contracts. … Allegheny Ludlum Indus., Inc., 517 F.Supp. 1319, 1323 (E.D.La.1981) (a qualified promise of performance is not adequate assurance); Copylease Corp. v.
Reversed on other grounds by Validsa, Inc. v. PDVSA Services, Inc., 424 F. App'x 862 (2011)Cited 4 timesPublishedPredelus v. Atain Specialty Insurance Company
District Court, S.D. Florida · Oct 19, 2022
Frazier, 387 F.3d 1244, 1260 (11th Cir. 2004) (“The burden of establishing qualification, reliability, and helpfulness rests on the proponent of the expert opinion, whether the proponent is the plaintiff or the defendant … I mean, clearly, I reviewed the reports and itemized the photographs that showed the rupture and corroded iron lines. But also my knowledge of, you know, plumbing systems and how they work.
Cited 0 timesUnknownConsentino v. Bridgestone Retail Operations, LLC
District Court, S.D. Florida · Aug 29, 2024
As pled, the installation of tires on a vehicle clearly constitutes a vehicle modification, or “other work customarily undertaken by motor vehicle repair shops.” … Additionally, as alleged by both parties, TPMS valve service kit labor qualifies as calibration or recalibration of an advanced driver assistance system.
Cited 0 timesUnknown401k Safe LLC v. Pinnacle Financial Services Inc
District Court, S.D. Florida · Mar 16, 2021
A 401(k) plan is “a qualified profit-sharing plan that allows employees,” for purposes of retirement, “to contribute a portion of their wages to individual accounts” on a tax-deferred basis. … Unless the parties have contractually agreed to a valid choice of forum provision, “the burden is on the movant to establish that the suggested forum is more convenient.”
Cited 0 timesUnknownSecurities and Exchange Commission v. Cheetah X Inc, d/b/a X, Alexander Debelov, and Khodr Salam
District Court, S.D. Florida · Apr 20, 2026
The Defendants bear the burden of establishing that transfer is warranted and “must support its motion by clearly specifying the key witnesses to be called and particularly stating the significance of their testimony.” … A “plaintiff's choice of forum should not be disturbed unless it is clearly outweighed by other considerations.” Robinson, 74 F.3d at 260.
Cited 0 timesUnknownProfessional Led Lighting, Ltd. v. AAdyn Technology, LLC
88 F. Supp. 3d 1356 · District Court, S.D. Florida · Feb 18, 2015
See also Bober, 2005 WL 2271861 at *5 (an employee not expressly authorized to accept service of process (or, in fact, instructed not to accept service of process) may still qualify as a corporate “agent” within the meaning … Further, “if a copyright claim is clearly without merit or otherwise patently devoid of legal or factual basis, that claim ought to be deemed objectively unreasonable, and *1376 an award of fees and costs is then proper.”
Cited 2 timesPublishedDistrict Court, S.D. Florida · Feb 20, 2026
Although her sales efforts were “sporadic at best,” “her marketing efforts, viewed collectively, qualified as a general course of business activity in Florida for pecuniary benefit.” Id. … Here, Defendant General Rubber clearly had some level of involvement in the sale of tires and certain marketing endeavors.
Cited 0 timesUnknownDistrict Court, S.D. Florida · Jul 15, 2026
committing physical assaults against other passengers; failed to comply with the duties it assumed under the “Conduct Policy” to provide safety to guests; failed to prevent passengers from being overserved alcohol when clearly … To determine whether expert testimony or any report prepared by an expert may be admitted, the Court engages in a three-part inquiry, which includes whether: (1) the expert is qualified to testify competently regarding
Cited 0 timesUnknown
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