Case law

Schwab v. First Appalachian Insurance

58 F.R.D. 615 · District Court, S.D. Florida · Feb 28, 1973

under the auspices of the county, is immune from such a suit for damages. … American Fire & Casualty Co., 177 So.2d 52 (2nd Dist.Fla.1965), but rather was distinguishable from it because In the McNulty case the fact is expressly stated, and in the Nicholson it is clearly implied, that the person

Lobegeiger v. Celebrity Cruises, Inc.

869 F. Supp. 2d 1356 · District Court, S.D. Florida · Apr 13, 2012

As previously stated, “[t]he Court does not agree that a cruise line can affirmatively hold shipboard doctors out to passengers as their agents and still remain immune from liability simply because of the traditional maritime … Laubscher’s file, there is no evidence suggesting she was not qualified to do so, or that a physician would have uncovered a problem she overlooked.

Williams III v. Mallet, Jr.

District Court, S.D. Florida · Dec 18, 2023

“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 … To circumvent qualified immunity, then, Williams must show that the Officers violated his “clearly established” constitutional right to be free from the use of excessive force.

Pellon v. Business Representation International, Inc.

528 F. Supp. 2d 1306 · District Court, S.D. Florida · Dec 17, 2007

This is not a difficult threshold to cross; Plaintiffs clearly qualify. … The Two Dollar Bag Fee Tips are clearly defined by the Department of Labor.

Wheatley v. Baptist Hospital of Miami, Inc.

16 F. Supp. 2d 1356 · District Court, S.D. Florida · Apr 17, 1998

The Court finds that Plaintiff has not established a prima facie case because he has not demonstrated that he was qualified for the LPN position Defendant was seeking to fill. … The undisputed fact that Plaintiff had either minimal relevant experience or none at all prevents Plaintiff from establishing that he was qualified for the position offered.

Brandon, Jones, Sandall, Zeide, Kohn, Chalal & Musso, P.A. v. MedPartners, Inc.

203 F.R.D. 677 · District Court, S.D. Florida · Sep 20, 2001

UNC clearly contracted to be bound by any amendments to the AAA Rules.”). This arbitration was initiated in May of 1999. … Clearly, Rule 1 directs that the 1999 version of Rule 8 applies to this suit as the demand for arbitration was made in 1999.

Suarez

District Court, S.D. Florida · Mar 23, 2026

Carollo’s Qualified Immunity Argument The Carollo Motion argues that even if the Complaint set forth a §1983 Retaliation claim, Carollo and Banos are entitled to qualified immunity as they … Carollo’s claim of entitlement to qualified immunity is denied. 2.

Wilson v. Arellano

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

In addition, because the Complaint describes the actions of on-duty police officers, Plaintiff must allege facts to overcome qualified immunity. … The doctrine of qualified immunity provides “complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of

King v. United States

233 F. Supp. 3d 1349 · District Court, S.D. Florida · Feb 2, 2017

For these reasons, the Court did not clearly err when it held that Descamps is not retroactive for the purposes of a second or successive 2255 motion. … burglary qualified under the ACCA’s enumerated clause and his aggravated battery conviction qualified under the ACCA’s elements clause.

Housing Opportunities Project for Excellence, Inc. v. Key Colony No. 4 Condominium Assoc., Inc.

510 F. Supp. 2d 1003 · District Court, S.D. Florida · Jan 10, 2007

B/E Aerospace, Inc., 376 F.3d 1079, 1087 (11th Cir.2004) (stating in the context of a Title VII sex discrimination case that “[a] plaintiff establishes a prima facie case of disparate treatment by showing that she was a qualified … The Court finds such allegations are sufficient under Federal Rule of Civil Procedure 8 to qualify as a short and plain statement of a disparate treatment claim.

Kunkler v. Fort Lauderdale Housing Authority

764 F. Supp. 171 · District Court, S.D. Florida · May 15, 1991

For a case to arise under federal law, a right or immunity created by that law must be an essential element of the plaintiffs claim; the federal right or immunity that forms the basis of the claim must be such that the claim … The case law clearly holds that breach of a contractual right by a government institution or agency is not a deprivation of property without constitutional due process of law. Bishop v.

Starks v. City of Miami Gardens

District Court, S.D. Florida · May 24, 2024

Starks responds qualified immunity does not protect Noel-Pratt because First Amendment rights under the United States Constitution were “clearly established” at the time of the alleged conduct. … In Wilson, the Court determined officers who brought a news reporter and photographer during the execution of an arrest warrant were entitled to qualified immunity because the state of the law was not clearly established

Dormeus

District Court, S.D. Florida · Feb 25, 2026

All that is required is that arguable probable cause to arrest exists for some offense before an officer may assert qualified immunity from suit. Id.; see also Andrews, 845 F. … App’x at 853 (“The existence of arguable probable cause for any arrestable offense provides qualified immunity”) (citing Devenpeck v.

Balbin v. Latin

District Court, S.D. Florida · Jun 12, 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.”

United States v. Brady

385 F. Supp. 1347 · District Court, S.D. Florida · Dec 6, 1974

Are Subsequent Transferees Immune from Recovery ? … Requirements of Notice American Medical and Sheffield have asserted that before liability may be imposed in this case, the United States must establish that they had actual notice of the Hill-Burton claim prior to their acquisition

State Farm Mutual Automobile Insurance v. Medical Service Center of Florida, Inc.

103 F. Supp. 3d 1343 · District Court, S.D. Florida · May 8, 2015

Florida law clearly states that a provider can refuse payment for services unlawfully rendered. Fla. Stat. § 627.736 (5)(b)(l)(b). … Defendants’ retention of these benefits was wrongful, as established supra, pp. 1350-53.

Estate of Osorio v. Miami-Dade County

191 F. Supp. 3d 1366 · District Court, S.D. Florida · Jun 9, 2016

Section 1903, which now exists under 29 U.S.C. § 49 , simply establishes the United States Employment ^Service within the Department of Labor. … ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Knight v. Palm City Millwork and Supply Co.

78 F. Supp. 2d 1345 · District Court, S.D. Florida · Nov 18, 1999

Woodward, 188 F.3d 1220, 1226 (10th Cir.1999) (“Section 1981 now clearly prohibits discriminatory conduct that occurs both before and after the establishment of the contractual relationship.”). … The Eleventh Circuit declined to address the question squarely, finding it sufficient to decide the qualified immunity issue in Bishop on the ground that, at the relevant period, the law on § 1981 and at-will arrangements

Broward Garden Tenants Ass'n v. United States Environmental Protection Agency

157 F. Supp. 2d 1329 · District Court, S.D. Florida · Aug 9, 2001

of sovereign immunity”. … Only the First Circuit has come close in Reardon , and, as discussed in subsection I, B, above, that court qualified its holding by establishing a test that distinguishes between challenges to CERCLA itself and challenges

Gharfeh v. Carnival Corp.

309 F. Supp. 3d 1317 · District Court, S.D. Florida · Apr 6, 2018

established"). … But that hardly means that a cruise ship operator, once it voluntarily decides for business and marketing purposes to create and staff onboard medical facilities, is immune from liability and can with impunity establish a