Case law

Maxum Indem. Co. v. 3rd Generation Plumbing, Inc.

342 F. Supp. 3d 1292 · District Court, S.D. Florida · Jul 6, 2018

Sanchez's death and thereby forfeited workers' compensation immunity under operation of § 440.11(1)(b)(2). B. … Where language in a policy is plain and unambiguous, no special construction or interpretation is required, and the plain language should be given the meaning which it clearly expresses. Jefferson Ins. Co. of N.Y. v.

McClain v. Crowder

840 F. Supp. 897 · District Court, S.D. Florida · Jan 10, 1994

the scope of their discretionary authority and under clearly established law from insubstantial lawsuits. … Wainwright, 839 F.2d 1422, 1425 (11th Cir.1987) (if law is not clearly established, defendants are entitled to qualified immunity).

All American Trading Corp. v. Cuartel General Fuerza Aerea Guardia Nacional De Nicaragua

818 F. Supp. 1552 · District Court, S.D. Florida · Apr 7, 1993

FOREIGN SOVEREIGN IMMUNITIES ACT The Defendant claims that the aircraft are immune from seizure under the FSIA which provides that certain property of a foreign state is immune from suit. … Further, the legislative history establishes a more compelling reason to grant immunity to other nations’ aircraft if they satisfy § 1611(b)(2) in that “[b]oth conditions will avoid the possibility that a foreign state might

Grimshaw v. South Florida Water Management District

195 F. Supp. 2d 1358 · District Court, S.D. Florida · Feb 7, 2002

immunity. … As the subsequent decision in Shands Teaching Hospital and Clinics, Inc. demonstrates, Traveler’s did not establish a requirement that monies must be paid directly by the state treasury in order to qualify for Eleventh Amendment

Griffin v. McGuire

District Court, S.D. Florida · Jun 22, 2023

The Officer Defendants are Entitled to Qualified Immunity on Count II “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly … Courts “may consider these two prongs in either order, and a public official is entitled to qualified immunity if the plaintiff fails to establish either one.” Jacoby v.

Lordeus v. Miami-Dade County

263 F. Supp. 3d 1307 · District Court, S.D. Florida · Jul 5, 2017

Plaintiffs only factual allegations are related to the incident in which he was involved, which falls markedly short of establishing the existence of an official policy or widespread custom. See City of Oklahoma v. … By alleging that the County failed “to enact or implement policies”, Plaintiffs claim clearly implicates “fundamental questions of policy.”

Pyatt v. Florida International University Board of Trustees

District Court, S.D. Florida · Nov 25, 2020

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … “Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’” Corbitt v.

McDowell v. Gonzalez

District Court, S.D. Florida · Dec 2, 2019

Qualified Immunity Defense Generally “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … “Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’” Corbitt v.

Lyden v. Howerton

731 F. Supp. 1545 · District Court, S.D. Florida · Feb 2, 1990

The “common benefit” exception to the “American Rule” is clearly applicable here. In Hall v. … The EAJA waives sovereign immunity, therefore the court must strictly construe it. Haitian Refugee Center v. Meese, 791 F.2d 1489, 1494 (11th Cir.1986).

Lockett v. Federal Emergency Management Agency

836 F. Supp. 847 · District Court, S.D. Florida · Aug 9, 1993

Part 206 which establishes that FEMA’s initial decision to deny an application is other than final agency action. This is not true. … This clearly shows that assistance is discretionary, not mandatory.

New Port Largo, Inc. v. Monroe County

706 F. Supp. 1507 · District Court, S.D. Florida · Nov 21, 1988

On the substantive side, absolute immunity is given only for legislative functions, while qualified immunity is given to those officials acting in their executive function. This analysis leads to the procedural rule. … Accordingly, these allegations are outside the immunity established in § 768.28(9)(a).

Saludes v. Republica De Cuba

577 F. Supp. 2d 1243 · District Court, S.D. Florida · Sep 12, 2008

In cases brought against a foreign government or citizens, the claim must establish that “(1) there has been a waiver of sovereign immunity and (2) the source of substantive law upon which the claimant relies provides an … The treatment and incarceration of Omar Rodriguez Saludes qualifies as torture.

Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel

459 F. Supp. 507 · District Court, S.D. Florida · Aug 21, 1978

The foregoing cases clearly establish the principle that one who has an opportunity to intervene is bound by a judgment affecting his rights where he could have intervened but failed to do so to protect his interests. … Sections 716.07 and 717.22 specifically authorize suits to establish claims to abandoned property.

Guirola v. Miami-Dade County

District Court, S.D. Florida · Feb 13, 2023

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … “Once the public official has established that he was acting within the scope of his discretionary authority, the burden shifts to the plaintiff to establish that qualified immunity does not apply.”

Almacen Boyaca Cia. Ltda. v. Gran Golfo Express

771 F. Supp. 354 · District Court, S.D. Florida · Aug 27, 1991

If the independent contractor is performing a non-maritime service, that is another factor to be given weight in ascertaining whether the third party qualifies for the “Himalaya” limitation. Id. … The nature of the services performed by QRM clearly fall into the “pre-carrier” and “non-maritime” categories, and outside the Himalaya clause.

Diaz v. Inch

District Court, S.D. Florida · Jan 13, 2022

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Courts “may consider these two prongs in either order; an official is entitled to qualified immunity if the plaintiff fails to establish either.” Piazza v.

Mount Sinai Hospital of Greater Miami, Inc. v. Weinberger

376 F. Supp. 1099 · District Court, S.D. Florida · Feb 6, 1974

SOVEREIGN IMMUNITY Defendants argue that the APA, if it provides a presumption of reviewability, does not constitute a waiver of sovereign immunity. … for determining the statutory authority question is to be found in the statute itself and its legislative history, rather than in any factual record the agency might prepare. 47 In addition, the constitutional issue is clearly

Hunter v. Chiles

944 F. Supp. 914 · District Court, S.D. Florida · Oct 24, 1996

SOVEREIGN IMMUNITY Defendants assert immunity based on Seminole Tribe of Florida v. … have not established the probable liability of a third party or the existence of available benefits.

Gomez v. Hoo

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

“The defense of qualified immunity protects officials performing discretionary functions from liability ‘where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … When “a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the court should grant qualified immunity if the plaintiff’s complaint fails to allege a violation of a clearly established

Nodarse v. Barnhart

319 F. Supp. 2d 1333 · District Court, S.D. Florida · Mar 23, 2004

Defendant claims, then, that to the extent that the language is clear, Nodarse does not qualify since his status of lawful permanent residency was neither special nor subsequently established. … However, here, the ALJ clearly did consider reopening the prior application and refused to do so.