Case law

Diego v. MSC Cruises, S.A.

District Court, S.D. Florida · Jun 6, 2024

(denying the defendant’s motion for summary judgment in part, even though “no puddle or spill is clearly visible on the video at any time”). … EVID. 702(a) (“A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more

Johnson v. Florida Department of Corrections

District Court, S.D. Florida · Nov 20, 2023

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).

Lakatos v. Envision Healthcare

District Court, S.D. Florida · Apr 28, 2025

Lakatos was correct that Envision was a party to the agreement—although that does not clearly appear to be the case—IPS was also a party. Therefore, Dr. … However, Padron does not support such a Florida Legislature would have considered ethical guidelines, such as the AMA Code, to qualify as laws, rules, or regulations under the FPWA.

DeLuca

District Court, S.D. Florida · Dec 29, 2025

To qualify for FLSA overtime, an employee must demonstrate that she is covered by the FLSA. See Josendis v. Wall to Wall Residence Repairs, Inc., 662 F.3d 1292, 1299 (11th Cir. 2011). … Greene’s work was clearly production rather than administrative” even though her work was vital for the company’s customer relationships. Id. at 1340.

Carfagna v. Fisher Island Club, Inc.

District Court, S.D. Florida · Aug 11, 2025

Accordingly, the plain language of § 1981 following the 1991 amendment clearly encompasses private actors as well as those acting under color of state law. … Here, not only does Plaintiff fail to allege that Defendant made this statement to a third party, but the Court interprets the allegation as suggesting that Defendant informed Plaintiff herself that she was not qualified

Scott v. Florida Department of Corrections

District Court, S.D. Florida · Apr 11, 2023

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).

Great Lakes Insurance SE v. Lassiter

District Court, S.D. Florida · Apr 29, 2022

That is clearly not the case here given Great Lakes maintains that the choice-of-law clause controls. (See Great Lakes’s Mot. 6–7). … to use “or” in an exclusive sense, then it would have prevented such overlap by prefacing the definition with a qualifier like “either.” (See id.

Sean Westley Scott v. Ricky Dixon, Secretary, Florida Department of Corrections

District Court, S.D. Florida · Aug 17, 2026

It is well-established that courts may not second-guess the “correctness” of an individual’s religious understanding. … Clearly, Officers must be able to find any contraband in an inmate’s possession. The Department says an inmate can hide contraband in a beard longer than half an inch.

Tuna Family Mgmt Inc. v. All Trust Management Inc.

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

Since the mark is at least suggestive, it qualifies for strong protection on this basis. … The Standby Creditor’s Agreement, which is only two pages long, states clearly in paragraph 7 that “[t]his Agreement applies to … guarantors or sureties of Standby Creditor Loan.” DE 103-9 at ¶7.

Federal Trade Commission v. Acquinity Interactive, LLC

District Court, S.D. Florida · Aug 13, 2021

Contempt is established where there is clear and convincing evidence that the violated order 1) was valid and lawful; 2) was clear and unambiguous; 3) and where the alleged contemnor had the ability to comply. FTC v. … The public interest is not against entry of a preliminary injunction as it is not in the public interest to allow the Contempt Defendants to make themselves immune from sanctions in spite of their contempt.

Erminy v. Acting Commissioner of Social Security

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

If the claimant establishes an inability to return to past relevant work, the inquiry turns to step five. … Valette was not qualified to testify as a medical expert in this matter. In fact, at the October 2021 hearing, Plaintiff’s counsel stipulated that Dr. Valette was qualified to testify as a medical expert. Tr. 105.

Grupo Unidos Por El del Canal, S.A. v. Autoridad del Canal de Panama

District Court, S.D. Florida · Dec 9, 2021

Moreover, the Movants do not clearly assert that this late disclosure would lead a reasonable person to believe that there existed possible partiality in favor of any party. … In any event, the Movants point to no facts establishing that the Tribunal ignored their evidence.

Securities and Exchange Commission v. Keener

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

at 1329 (“Establishing proximate cause requires more [than “but-for” causation].”). … The SEC’s Complaint established January 2015 through January 2018 as the “Relevant Period” in this case. ECF No. [1] ¶ 1.

Thomas Machinery, Inc. v. Everest National Insurance Company

District Court, S.D. Florida · Nov 24, 2021

not the same thing as agreeing that the theft qualified as “loss of use”—and there’s nothing in the opinion to suggest that the insurer ever stipulated to that. … —the Underlying Complaint still doesn’t establish that the Truck was in Thomas’s “care.”

Young v. State of Florida

District Court, S.D. Florida · Jul 20, 2022

Under that provision, a federal court may grant habeas relief from a state court judgment only if the state court’s decision on the merits was (1) contrary to, or an unreasonable application of, clearly established federal … It’s true that an anonymous tip, by itself, cannot establish probable cause, but the Supreme Court has clearly held that a tip with sufficient corroboration can meet that standard. See Illinois v.

BG Strategic Advisors, LLC v. Freighthub, Inc.

District Court, S.D. Florida · Jun 24, 2021

The initial retainer fee would become payable after FreightHub closed its first qualifying “transaction,” as defined in the engagement letter. [CC ¶ 81]. … The engagement letter does not clearly identify the tasks BGSA agreed to perform for FreightHub.

Ohio State Troopers Association, Inc. v. Point Blank Enterprises, Inc.

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

Yes, it would not be -- clearly not a rebuttal report and it would not have been filed in a timely way. Excuse me. … Moreover, Strombom clearly does not rely on the aforementioned testimony of that employee, which does not provide any specific data, in forming his opinions.

Johnson v. Florida Department of Corrections

District Court, S.D. Florida · Jun 10, 2022

Under that provision, a federal court may grant habeas relief from a state court judgment only if the state court’s decision on the merits was (1) contrary to, or an unreasonable application of, clearly established federal … A state court’s decision qualifies as an “an unreasonable application of federal law if the state court identifies the correct governing legal principle from the Supreme Court’s decisions but unreasonably applies that

Baker v. Florida Department of Corrections

District Court, S.D. Florida · Aug 30, 2022

Under that provision, a federal court may grant habeas relief from a state court judgment only if the state court’s decision on the merits was (1) contrary to, or an unreasonable application of, clearly established federal … This was clearly sufficient to establish probable cause, see Lowe, 958 F.2d at 1571, rendering Ms.

In Re Dennis Greenman Securities Litigation

622 F. Supp. 1430 · District Court, S.D. Florida · Nov 26, 1985

Each was and is eminently qualified to do the work contemplated by the appointment. From the inception of this litigation they have protected the interests of the members of the class. … Clearly, the application of the rule should and must involve a balancing of interests.