Case law
Opinions from 1658 to today.
2,119 results
1.31s
Pinnacle Foods of California, LLC v. Popeyes Louisiana Kitchen, Inc.
District Court, S.D. Florida · Dec 16, 2022
The March GLB Letter reiterated that Plaintiff did not qualify for Credit Approval based on its failure to timely pay the 2020 and 2021 Franchise Fee Prepayments. (Id. at 72). … Doing so clearly violates Federal Rule of Civil Procedure 8. See Weiland v.
Cited 0 timesUnknownBroomfield v. Commissioner of Social Security
District Court, S.D. Florida · Sep 29, 2023
To qualify for benefits, a claimant must be disabled within the meaning of the Act. See 42 U.S.C. § 1382 (SSI standard). … See (R. 29) (ALJ Decision noting lack of medical evidence to establish a Listing).
Cited 0 timesUnknown622 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.
Cited 1 timesPublishedReed v. ROYAL CARIBBEAN CRUISES, LTD.
District Court, S.D. Florida · Aug 1, 2022
The appearance of agency is clearly present with respect to the shore excursion such that a reasonable person would believe that WIT was authorized to act for RCCL’s benefit. … As noted in Barham, it is well-established that general promises cannot be relied on as misrepresentations. 556 F.
Cited 0 timesUnknownLu Silverio v. Just Brands, LLC
District Court, S.D. Florida · Oct 2, 2023
For one, unlike in the cases cited by Just Brands, Lu Silverio’s charge clearly states that it is based on “race discrimination,” among other grounds. (See Resp. to Mot. to Dismiss Ex. A, ECF No. 15-1.) … To establish a prima facie case of retaliation, the Plaintiff must establish that: (1) the Plaintiff engaged in statutorily protected expression, (2) the Plaintiff suffered an adverse employment action, and (3) there was
Cited 0 timesUnknownThe Professional Airline Flight Control Association v. Spirit Airlines, Inc.
District Court, S.D. Florida · Mar 25, 2022
In fact, there was “no provision” at all “limiting the establishment of new domiciles.” Id. … Spirit, after all, has never contended that its decision to open a new control center is somehow immune from the strictures of the RLA—whether because of management prerogatives or anything else.
Cited 0 timesUnknownRuderman v. Washington National Insurance
263 F.R.D. 670 · District Court, S.D. Florida · Jan 5, 2010
The burden of establishing these requirements is on the plaintiff who seeks to certify the suit as a class action. Heaven, 118 F.3d at 737 (citing Gilchrist, 733 F.2d at 1556 ; Zeidman v. J. … Plaintiffs’ Motion argues that “Plaintiffs and Class Members clearly share several common factual and legal issues sufficient to satisfy the commonality requirement.” DE 58 at 11.
Cited 6 timesPublishedDistrict Court, S.D. Florida · Aug 4, 2020
If the claimant establishes an inability to return to past relevant work, the inquiry turns to step five. … Furthermore, even if the ALJ’s description of Plaintiff’s ability to read in the ALJ’s hypothetical questions to the VE could qualify as an error, it would be harmless.
Cited 0 timesUnknownFowler v. Caliber Home Loans, Inc.
277 F. Supp. 3d 1324 · District Court, S.D. Florida · Sep 13, 2016
the specific allegations made in this case which might cause the Eleventh Circuit to be leery about using the filed-rate doctrine here to prohibit the claims, but I have not found anything which would create a de facto immunity … Application of Hill’s analytical principles clearly counsels that this Court adopt the predicted evaluation of the Eleventh Circuit and follow Rothstein .
Cited 1 timesPublishedDistrict Court, S.D. Florida · Dec 1, 2025
On August 25, 2025, the Second Judicial Circuit Court of Gadsden County, Florida determined that Petitioner qualified for Special Immigrant Juvenile Status (“SIJS”). ECF No. [1] ¶¶ 7−8. … The statute thus “establishes a discretionary detention framework.” Gomes, 2025 WL 1869299, at *2.
Cited 0 timesUnknownAccessninja, Inc v. Passninja, Inc
District Court, S.D. Florida · Jul 31, 2025
The effects test is clearly met under these 6 These allegations are supported by Grundy’s sworn declaration. … [T]his privilege to compete is “qualified.” Ernie Haire Ford, Inc. v. Ford Motor Co., 260 F.3d 1285, 1294 n.9 (11th Cir. 2001). In particular, the privilege can be overcome in two circumstances.
Cited 0 timesUnknownMarquez v. National Fire & Marine Insurance Company
District Court, S.D. Florida · Aug 2, 2021
Clearly, Plaintiff’s CSMF fails to comply with the Local Rules. See S.D. Fla. … “Thus, assuming the underlying loss is covered, it would clearly be possible for [Plaintiff] to establish damages at trial with reasonable certainty.” SFR Servs. LLC, 2021 WL 1909669, at *5.8 Because Mr.
Cited 0 timesUnknownDistrict Court, S.D. Florida · Feb 4, 2020
In response to this creative argument, Defendant points out Count I “is clearly brought pursuant to 42 U.S.C. … Supp. 3d at 1218 (“With respect to the second element, whether [the plaintiff] suffered an ‘adverse action,’ the relevant question is whether [the defendants’] conduct qualifies as coercion, intimidation, threats, or interference
Cited 0 timesUnknownDistrict Court, S.D. Florida · Jul 7, 2026
“As for adequacy, we have observed that it is only in ‘rare circumstances’ where ‘the remedy offered by the other forum is clearly unsatisfactory,’ that the alternative forum may be regarded as inadequate.” Ibid. … Id. at 13; see also Cross Compl. ¶ 67 (“Guatemala’s Supreme Court of Justice lifted the presumption of judicial immunity surrounding Judge José Wilfrido Umaña Calderón, the Santa Lucía Judge who granted the Provisional
Cited 0 timesUnknownReel Games, Inc. v. Euro Game Technology, LTD
District Court, S.D. Florida · Jun 2, 2025
Such activities clearly establish that Euro Games engaged in commerce in Florida (by leasing slot machines) and, taking RGI’s allegations as true, breached the Licensing Agreement in Florida, satisfying Florida’s Long-Arm … Such identifying information is insufficient to qualify as “surplusage” as the description of these John Doe Defendants are extremely general.
Cited 0 timesUnknownLee v. Commissioner of Social Security
District Court, S.D. Florida · Sep 13, 2022
If it does, “disability is automatically established.” Wilbon v. Comm’r of Soc. Sec., 181 F. App’x 826, 827 (11th Cir. 2006) (citation omitted). … “An impairment that manifests only some of the criteria, no matter how severely, does not qualify.” Id. (alteration adopted; citation omitted).
Cited 0 timesUnknownPatt v. Volkswagen Group of America, Inc.
District Court, S.D. Florida · Apr 17, 2024
establish causation, it does not address whether the ii. … Plaintiff has failed to retain “Daubert-qualified, general [or] specific-causation-expert testimony that would be admissible at trial to avoid summary judgment.” Chapman, 766 F.3d at 1316.
Cited 0 timesUnknownDistrict Court, S.D. Florida · Feb 25, 2026
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. … Plaintiffs have established the FLSA covers them because “their work for Defendants involved receiving trucks that carried and delivered food originating in other states.” Id. at 15.
Cited 0 timesUnknown161 F. Supp. 3d 1161 · District Court, S.D. Florida · Jun 4, 2015
Regarding competition, Defendant Gursahaney stated that ADT was “not seeing *1177 any significant change, but clearly it is a dynamic environment. … Sept. 2, 2010) (“Birch’s resignation, without more specific facts as to Birch’s knowledge, is not enough to establish scienter.”).
Cited 1 timesPublishedSerendipity at Sea, LLC v. Underwriters at Lloyd's of London Subscribing to Policy Number 187581
District Court, S.D. Florida · Sep 1, 2023
He was qualified as a meteorological expert. Tr. II, 163:11–19; Tr. III, 17:3–8. Dr. … But certainly, Defendant has carried its burden of proof to establish that the failure to hire a full-time licensed captain increased the hazard of the damage suffered here.
Cited 0 timesUnknown
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