Case law

Matrix Health Group v. Sowersby

District Court, S.D. Florida · Oct 7, 2019

Under FUTSA, “[t]o qualify as a trade secret, information must derive economic value from not being readily ascertainable by others and must be the subject of reasonable efforts to protect its secrecy.” … Reichhold, Inc., 454 F.3d 1203, 1218 (11th Cir. 2006) (“Florida law clearly does not require that the amount of lost profits be certain . . . the law does [however] require a reasonable standard for calculation [for the

Peyton

District Court, S.D. Florida · Feb 6, 2026

Plaintiff’s theme is that NGVSAT never conducted any business, never competed with Nexxt Gen, and its bank account records “clearly show that no business was ever conducted” and no benefit was obtained, so there is “no … and actions of directors and officers, the Eleventh Circuit recognizes Florida’s business judgment rule stating that it “is a policy of judicial restraint born of the recognition that directors are, in most cases, more qualified

Griffin v. Motorsport Games Inc.

District Court, S.D. Florida · May 7, 2025

One week later, Katsman told Griffin that he potentially qualified for two visa options: an L-1 Intracompany transferee or an E-3 Specialty Occupation Workers visa. Id. ¶17. … In MSG’s Motion, it argues that (1) none of the alleged oral promises are clearly identified in the Complaint or corroborated by any objective evidence in the record; (2) the alleged oral promise to give Griffin a permanent

Core Distribution v. The World Trade Corporation, et al.

District Court, S.D. Florida · May 7, 2026

In other words, “[t]o establish venue, a plaintiff may show either that the defendant ‘resides’ in a particular district or that it ‘has committed acts of infringement and has a regular and established place of business … and established place of business” in our District

Altare v. Vertical Reality MFG, Inc.

District Court, S.D. Florida · Apr 30, 2021

In response, Plaintiffs argue that: (1) they were Vertical Reality’s employees and (2) Plaintiffs qualify for overtime Defendants also state that Pulido may have done welding repairs while on a travel assignment and when … The parties also fail to clearly detail each Plaintiff’s job duties. Compare [ECF No. 75 at 2–3 ¶ 9; 5 ¶ 24], with [ECF No. 82 at 2 ¶ 9; 3 ¶ 24].

Federal Trade Commission v. American Vehicle Protection Corp.

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

It continues, “[a]ny person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the [FTC Act] in the same manner, by the same means, and with the same jurisdiction … Accordingly, this particular language in the second proviso establishes that there are some cases in which administrative proceedings are not required.

Valiente v. StockX, Inc.

District Court, S.D. Florida · Dec 9, 2022

Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matters remains in such court and advances only on an individual (non-class, non- representative … “A plaintiff challenging the enforcement of an arbitration agreement bears the burden to establish, by substantial evidence, any defense to the enforcement of the agreement.” Inetianbor v. CashCall, Inc., 923 F.

Madaio

District Court, S.D. Florida · Mar 26, 2026

And Miami International Airport—where the materials4 were allegedly seized— qualifies as an “international point[ ] of[ ] entry into the United States[.]” 42 U.S.C. § 2000aa-5. … Rather, the phrase clearly references a body of law, ostensibly enforced by the relevant agency, which supports a general reference reading.

Dessler

District Court, S.D. Florida · Jul 27, 2026

Thus, drawing all inferences in favor of Plaintiffs, the Court finds that Plaintiffs have sufficiently alleged that they are disabled within the meaning of the FHA.1 Aside from pleading a qualifying … A Shabbos elevator clearly falls short of meeting this standard.

Equal Employment Opportunity Commission v. University Of Miami

District Court, S.D. Florida · Sep 29, 2021

App’x 803, 810 (11th Cir. 2020) (“To establish pretext, the plaintiff “must produce evidence which directly establishes discrimination, or which permits a jury to reasonably disbelieve the employer’s proffered reason.” … See Mulhall, 19 F.3d at 598 (“Clearly, if plaintiff makes a prima facie case under the EPA, she simultaneously establishes facts necessary to go forward on a Title VII claim.”).

Roberts v. Carnival Corporation

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

This language clearly and conspicuously notifies the passenger on the first page of the Ticket Contract that it contains limitations on the passenger’s rights. … Viewing the facts in the light most favorable to Plaintiff, the record conclusively establishes that Plaintiff had the opportunity to be informed of the one-year limitations period in the Ticket Contract.

Gardi v. United Healthcare Services, Inc.

District Court, S.D. Florida · Jan 31, 2020

Central to the claim: The Court concludes that the Chae Affidavit is not central to the claim so as to qualify as an exception to the general rule that the Court is limited to the … The Complaint never even clearly alleges HCA is the Plan Administrator.

Florida Beauty Flora, Inc. v. Pro Intermodal L.L.C.

District Court, S.D. Florida · May 14, 2021

Defendants contend there is no genuine dispute of material fact over whether any of Plaintiff’s alleged trade secrets qualifies as a “trade secret” under the above definitions. (Mot. 4– 6, 14). … Fact issues clearly remain as to whether Perez, Pro Cold, and Intermodal disclosed or used the alleged trade secrets.10 10 Defendants insist “there is no evidence to support [] Veliz’[s] individual liability.”

QR Triptych, LLC. v. LV Midtown, LLC.

District Court, S.D. Florida · Apr 12, 2024

In doing so, we “review the bankruptcy court’s legal conclusions de novo but must accept the bankruptcy court’s factual findings unless they are clearly erroneous.” … Redressability must be satisfied now to establish jurisdiction.”

Marchisio v. Carrington Mortgage Services, LLC

District Court, S.D. Florida · Jul 29, 2020

A fee movant must present the evidence in such a way that shows clearly the reasonableness of the time spent on the various tasks and activities that went into litigating the case. See id. … Solomon is a highly qualified appellate attorney whose expertise contributed to the Plaintiffs' success on appeal.

Fowler v. Caliber Home Loans, Inc.

196 F. Supp. 3d 1328 · District Court, S.D. Florida · Jul 8, 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 .

Commodity Futures Trading Commission v. NOTUS LLC

District Court, S.D. Florida · Apr 22, 2024

The online account opening application did not seek any information about prospective customers’ net worth and did not inquire as to whether a prospective customer qualified as an ECP or had assets in excess of $5 million … Cal. 2003) (“Defendant’s misappropriation of funds entrusted to him for trading purposes is ‘willful and blatant fraudulent activity’ that clearly violates Section 4b(a) of the Act.” (quoting Noble Wealth, 90 F.

Taylor v. Service Corporation International

District Court, S.D. Florida · Mar 3, 2023

Thus, Class Counsel was clearly in a position to evaluate the costs and benefits of settling this matter in light of the possibility of loss at trial or on appeal. … Fees must be calculated based on “a reasonable percentage of the fund established for the benefit of the class.” Id. at 774.

Organization of Professional Aviculturist, Inc. v. Cate

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

“[A]s Appendix-I wildlife, legal commercial trade of [G]rey [P]arrots is limited to qualifying birds bred in captivity at registered facilities[.]” … C.I.A., 811 F.3d 1068, 1075–76 (9th Cir. 2016) (“The agency action must be pursuant to a legal obligation so clearly set forth that it could traditionally have been enforced through a writ of mandamus.”

Clay v. Commissioner, Social Security Administration

District Court, S.D. Florida · Mar 30, 2021

If the ALJ decides to disregard the opinion of a treating physician, the ALJ must clearly articulate his or her reasons for doing so. … While the ALJ is in charge of making a determination of disability, the ALJ does not have a medical degree nor is he a qualified therapist or mental health professional.