Case law

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.

Bell v. Royal Seas Cruises, Inc.

District Court, S.D. Florida · Sep 21, 2020

State Contract Law “Federal law establishes the enforceability of arbitration agreements, while state law governs the interpretation and formation of such agreements.” … See Response in Opposition to Defendant’s Motion to Compel Arbitration and to Dismiss Plaintiff’s Class Action Complaint at 11 [ECF No. 26] (arguing that “[u]nder Florida law, a party may qualify as a third-party beneficiary

Isaac Industries, Inc. v. Petroquimica de Venezuela, S.A.

District Court, S.D. Florida · Dec 8, 2022

dismissed without prejudice the claims against PDVSA for lack of jurisdiction under the Foreign Sovereign Immunities Act. [ECF No. 81]. … Guaido has nonetheless established his own government. In 2019, the National Assembly authorized President Guaido to appoint a Special Attorney General, and he did so.

Cardenas v. Toyota Motor Corporation

District Court, S.D. Florida · Dec 6, 2021

Ascertainability The first step for a plaintiff seeking class certification is to establish that the proposed class is adequately defined and clearly ascertainable. Little v. … App. 2015)), which can be established through common evidence.

ScriptChek Visual Verification Systems, Inc. v. R.R. Donnelley & Sons Company

District Court, S.D. Florida · Jan 22, 2021

And does that previously unknown information unambiguously establish the requisite minimum amount in controversy?”). … Thus, unlike the defendant in Cricket Holdings, Defendant here encountered a Complaint and underlying contract that clearly linked both parties’ rights to one specific patented product.

Aguila v. RQM+ LLC

District Court, S.D. Florida · Aug 12, 2025

Org. of Petroleum Exporting Countries, 353 F.3d 916, 925 (11th Cir. 2003) (holding that, “even though [the defendant] had actual notice of the filing of the suit, service of process was ineffective because it was clearly … Tamaz Trading Establishment, 817 F.3d 747, 751 (11th Cir. 2016) (quoting Brockmeyer v. May, 383 F.3d 798, 806 (9th Cir. 2004)).

Echevarria v. Trivago GMBH

District Court, S.D. Florida · Jul 16, 2024

The Expedia Defendants oppose the motion arguing that Plaintiff's class is not ascertainable, fails to satisfy the numerosity requirement, neither the named Plaintiff nor Plaintiff's counsel are qualified … “Class representatives bear the burden of establishing that their proposed class is ‘adequately defined and clearly ascertainable,’ and they must satisfy this requirement before the district court can consider

Hernandez v. Palm Beach County Board of County Commissioners

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

Under that paradigm, “[t]o establish a prima facie case for disability discrimination, a plaintiff must produce sufficient evidence to permit a jury to find that [he]: (1) is disabled, (2) is a qualified individual, and … First, the 2017 violations are clearly time-barred. As we’ve mentioned, to be timely, a plaintiff must file his EEOC charge within 365 days of the adverse employment action. See FLA. STAT. § 760.11(1).

Smith v. Slott

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

Clearly this is an incurable conflict of interest.”). … But, even if it hadn’t, that omission (standing alone) wouldn’t qualify as an abuse of discretion.

Securities and Exchange Commission v. Kapoor

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

The Court clearly has jurisdiction over this SEC action, and no argument based on the actual proceeding in this Court has been raised. B. … United States, 364 U.S. 40, 46-49 (1960), the Halpern Trusts cite no legal authority that a right to credit bid qualifies as such.

United States Sugar Corporation v. Commerce and Industry Insurance Company

District Court, S.D. Florida · Aug 19, 2024

In its reply, Plaintiff maintains that Defendant cannot meet its burden of demonstrating that the proposed amendment is “clearly insufficient or frivolous on its face.” … A single example is not sufficient to establish a “general business practice.” [ECF No. 174, pp. at 10–11 (emphasis added)].

Fokiss, Inc. v. TLM Global, LLC

District Court, S.D. Florida · Jan 31, 2025

Feb. 26, 2019) (stating that a district judge “evaluate[s] portions of the R & R not objected to under a clearly erroneous standard of review” (citing Davis v. Apfel, 93 F. Supp. 2d 1313, 1317 (M.D. … The R&R found that “the evidence is substantially likely to show that Skow and Stumphauzer qualify as the initial authors [of] the film for purposes of 17 U.S.C. § 201(a)[.]” and that while Fokiss “may have made contributions

Barbara

District Court, S.D. Florida · Mar 16, 2026

Plaintiffs’ complaint claims such ambiguity in seeking a declaratory judgment “that the Purchase Agreement has been performed, and if not, whether Graham Rahal has qualified for a refund under the Purchase Agreement, for … The contract clearly states that “Buyer wishes to acquire a new Mercedes AMG hyper car ([‘]Project One’) and a 2021 Mercedes GTBS (‘Black Series’)[.]” Id.

Doe No. 6 v. School Board of Highlands County Florida

District Court, S.D. Florida · Aug 28, 2020

Gonzalez’s misconduct such that the school’s response to actual notice of harassment was clearly unreasonable in light of the known circumstances.” Id. at 12. … The non-moving party must “make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.”

Hyundai Motor America Corporation v. North American Automotive Services, Inc.

District Court, S.D. Florida · Nov 16, 2022

In order for a plaintiff to establish the “common purpose” requirement for a RICO enterprise, the plaintiff must establish “not only that there was some commonly shared purpose among [the alleged associates], but also that … The determination as to “good and fair cause” and whether HMA “refused” to deliver vehicles in reasonable quantities without cause are clearly jury questions.

Fonseca v. Wal-Mart Stores, East, LP

District Court, S.D. Florida · Sep 2, 2020

“[A] general release qualifies as one of the ‘relevant conditions’ or ‘nonmonetary terms’ of a settlement proposal, which must be described with particularity under rule 1.442.” Nichols, 932 So. 2d at 1078. … It is entirely unclear what limits—if any—this “related to” language establishes.

West Palm Beach Acquisitions, Inc v. KIA Motors America, Inc.

District Court, S.D. Florida · Apr 25, 2022

Section 320.641(3) states that a franchise cancellation is unfair: if it is not clearly permitted by the franchise agreement; is not undertaken in good faith; is not undertaken … In that case, the court was determining whether a dealer’s loss of freedom to run its business as it saw fit qualified as a form of injury under Article III. Injury is not the same as damages.

UBANK

District Court, S.D. Florida · May 15, 2026

As established above, Forensic Stat defaulted on the Note secured by the January 2024 Security Agreement. … Florida courts take an expansive view as to what qualifies as a signed writing that complies with the Statute of Frauds. See Kolski v.

Versfelt v. Sanza Food Service, LLC

District Court, S.D. Florida · Feb 15, 2022

First, the plaintiff “must . . . establish a prima facie case of discrimination.” Sims, 704 F.3d at 1332. … substantially younger person filled the position from which he was discharged; and (4) that he was qualified to do the job for which he was rejected.”

Targus International LLC v. Group III International, Inc.

District Court, S.D. Florida · Jan 5, 2023

Here, Group III fails to establish that the items identified in the specification list represent distinct alternatives to the claim limitation. … III points out that, in the context of the 578 Patent, a “pouch” is clearly something that “is used to retain an object within the bifold case.” (Def.’s Resp. at 21.)