Case law

Sunrise of Coral Gables PropCo, LLC v. Current Builders,Inc.

District Court, S.D. Florida · Oct 12, 2023

Here, Defendant never labeled Taylor as an “expert” witness, and, in its response, states6 that it “does not intent [sic] to seek to qualify Mr. Taylor as an expert witness.” [ECF No. 49, p. 3]. … Therefore, the Court concludes that the contract is not ambiguous and that "Work" is clearly defined, as Plaintiff states, in § 1.1.3. 9 Article 1 § 1.1.3 states "The term 'Work' means the construction and

Hernandez v. Barnhart

203 F. Supp. 2d 1341 · District Court, S.D. Florida · Mar 19, 2002

Whether the Social Security Administration Appeals Council erred in failing to act upon clearly probative new and material evidence submitted with the request for review? *1354 A. … Secretary, 76 F.3d 15, 17-19 (1st Cir.1996) (noting that an ALJ, as lay person, is not qualified to interpret raw data in a medical record); Rohrberg v.

Miers v. United States

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

Movant fails to establish that this violates the absurdity doctrine, as Movant asserts—Movant cites to no authority establishing that it was absurd for Congress to create discretion in this way. See United States v. … Miers with the exculpatory DNA reports which clearly shows that the ‘ejaculate’ did not match Mr. Miers.” Mot. at 14.

Agnelli v. Lennox Miami Corp.

District Court, S.D. Florida · May 5, 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 … First, Defendant was clearly on notice that Plaintiff’s theory of valuation applied a different chronology than that chosen by Defendant. This is something that the initial report is explicit about.

Securities & Exchange Commission v. Huff

758 F. Supp. 2d 1288 · District Court, S.D. Florida · Dec 17, 2010

Subsequently, Huff arranged for the paperwork to establish Midwest’s structure to be drawn up. Id. at 264-65. 30. … The purpose of the letter was to boost Brent-wood’s balance sheet so it would qualify to purchase an insurance carrier. Id. at 207-OS.

Securities & Exchange Commission v. Complete Business Solutions Group, Inc.

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

Notably, the Eleventh Circuit has noted that “[t]he existence of a state cease and desist order against identical instruments is clearly relevant to a reasonable investor, who is naturally interested in whether management … If proven by the SEC, LaForte’s statement could show 8 The Court’s prior finding that Par Funding’s promissory notes qualify as securities is not challenged—or even addressed—by Defendants in their Motion.

State Farm Mutual Automobile Insurance Company v. Health and Wellness Services, Inc.

District Court, S.D. Florida · Mar 5, 2020

This suffices to establish fraudulent concealment. … As set forth above, the record evidence clearly reveals that the Clinics billed State Farm for services unlawfully rendered.

Boneta v. American Medical Systems, Inc.

District Court, S.D. Florida · Mar 10, 2021

Tyson Foods, Inc., 595 F.3d 1269, 1274-75 (11th Cir. 2010) (“It is undisputed that a pending lawsuit seeking monetary compensation qualifies as an asset. … It is also undisputed that such an asset qualifies as property of the bankruptcy estate.

Pressoir v. Broward County Sheriff's Office

District Court, S.D. Florida · Oct 5, 2021

In order to promote the speedy, just, and efficient administration of civil rights complaints subject to the PLRA, the court has established forms to be used by prisoners for filing civil rights actions. … Plaintiff’s failure to do so also reveals that the complaint qualifies as the third category of shotgun pleading— for not separating into different paragraphs each count or claim for relief.

Lewitter v. Terran Orbital Corporation

District Court, S.D. Florida · Aug 21, 2025

Non-actionable Forward-Looking Statements The PSLRA includes a safe harbor provision “that immunizes certain ‘forward-looking’ statements from liability” when the statement is accompanied by … In September 2023, the Board established the Special Committee to address issues regarding Terran Orbital’s cash needs. Id. ¶ 69.

Diaz v. Cobb

541 F. Supp. 2d 1319 · District Court, S.D. Florida · Mar 25, 2008

The “Motor Voter Law” established the same registration form for all 67 counties in Florida. … (Tr. 2/5:189) The evidence presented at trial clearly establishes that the challenged law advances an important state interest. The book-closing period is hectic and chaotic.

Optimus MSO II Inc. v. Simply Healthcare Plans, Inc.

District Court, S.D. Florida · Oct 13, 2020

The correct citation is to Zaki Kulaibee Establishment, 771 F.3d at 1311 (footnote call number omitted). … Stated otherwise, Defendant does not provide the Court with authority Plaintiff does not qualify as a “consumer” under FDUTPA given that Plaintiff facially qualifies as such under the broadly worded statue.

United States Sugar Corporation v. Commerce and Industry Insurance Company

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

The Declarations establish the Self-Insured Retention limit at $10,000. (Id. at 5.) … Thus, the Court endeavors to determine which Endorsement’s alterations to the Pollution Exclusion and the Self-Insured Retention control, if either can be clearly said to do so.

Deronville, Tyrell v. Warden of Florida State Prison

District Court, S.D. Florida · May 14, 2024

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). … Under AEDPA’s standard of review, the Court considers whether the highest state court to adjudicate Grounds One and Two reasonably applied clearly established federal law and reasonably determined the facts considering

RAFFONE v. DIXON

District Court, S.D. Florida · Apr 16, 2025

First, Plaintiff fails to establish a protected, state-created liberty interest. … This subclaim is easily foreclosed by this Circuit’s precedent, as the Eleventh Circuit has clearly stated that “an inmate has no constitutionally protected liberty interest in access to [his prison

BLUESTAREXPO, INC. v. Enis

District Court, S.D. Florida · Sep 22, 2022

Conversely, Bluestar has filed a motion for summary judgment, arguing that the record clearly establishes its entitlement to judgment in its favor on all remaining counts. (Pl.’s Mot. for Summ. J., ECF No. 115.) … Ultimately, Bluestar’s “unsupported allegations” fall far short of qualifying as the type of “concrete evidence of causation” that could establish Enis or R&T’s liability for Bluestar’s lost profits when its deal with Wish

The Florida Atlantic University Board of Trustees v. PARSONT

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

THE LAW “A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the ‘burden of persuasion’ as to the four requisites … Under this framework, FAU’s expenses qualify as losses under the CFAA.

Zuniga v. Russell S. Jacobs, P.A.

District Court, S.D. Florida · Jan 13, 2020

FDCPA provision is enough to establish civil liability. … Allowing Defendants to rely on such a defense would “allow debt collectors to violate some provisions of the FDCPA so long as they complied with the rest of the Act, a result clearly at odds with Congress's intent

Cordova v. Commissioner of Social Security

District Court, S.D. Florida · Mar 20, 2025

To qualify for benefits, a claimant must be disabled within the meaning of the Act. See 42 U.S.C. § 423 (standard for DIB). … A claimant’s statements about his symptoms, without more, are insufficient to establish disability.

Securities & Exchange Commission v. Huff

745 F. Supp. 2d 1284 · District Court, S.D. Florida · Sep 30, 2010

Subsequently, Huff arranged for the paperwork to establish Midwest’s structure to be drawn up. Id. at 264-65. 30. … The purpose of the letter was to boost Brent-wood’s balance sheet so it would qualify to purchase an insurance carrier. Id. at 207-OS.