Case law

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

Hava v. City of Hollywood

District Court, S.D. Florida · Jan 28, 2025

Additionally, for the same reasons discussed as to Count 1, the District Court found that Defendant Otwell was entitled to qualified immunity as to Count 3 and that he had successfully established the existence of probable … Therefore, Defendant Otwell is entitled to qualified immunity.”).

Walsh v. NCL (Bahamas) Ltd.

466 F. Supp. 2d 1271 · District Court, S.D. Florida · Dec 20, 2006

Specifically, NCL argues: The seminal decision in the area of carrier immunity for the negligence of its ship’s medical staff was provided by the Fifth Circuit in Barbetta v. … Circuit in Barbetta summarized the majority view as follows: When a carrier undertakes to employ a doctor abroad ship for its passengers’ convenience, the carrier has a duty to employ a doctor who is competent and duly qualified

MacHado v. Department of Health & Rehabilitative Services

357 F. Supp. 890 · District Court, S.D. Florida · Apr 6, 1973

No purpose would be accomplished if this Court refused the relief requested — the provision is clearly unconstitutional and we should eliminate the possibility of it being used to refuse eligibility to otherwise qualified … The complaint clearly meets both the tests set forth by the Supreme Court.

Tamiami Partners, Ltd. Ex Rel. Tamiami Development Corp. v. Miccosukee Tribe of Indians of Florida

898 F. Supp. 1549 · District Court, S.D. Florida · Feb 28, 1994

IGRA permits federally recognized Indian tribes, such as the Miccosukee Tribe, to establish gaming activities on their lands. 25 U.S.C.A. § 2710 (West Supp. Pamphlet 1993). … TPL argues that the circumstances in this case are clearly comparable to the egregious conduct and denial of tribal remedies present in Dry Creek.

Sullenberger v. City of Coral Gables

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

“Qualified immunity protects government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … To qualify as clearly established, a legal principle “must be established with obvious clarity by the case law so that every objectively reasonable government official facing the circumstances would know that the official

Saintcy v. Florida Department of Revenue Child Support Program

District Court, S.D. Florida · Aug 23, 2024

to qualified immunity. … Public officials sued in their individual capacity are entitled to qualified immunity when acting in the scope of their discretionary authority unless they violate “clearly established federal statutory or

Cramer v. Chiles

33 F. Supp. 2d 1342 · District Court, S.D. Florida · Jan 8, 1999

The Defendants here enjoy no immunity from this suit. … The court stated, “[t]he plain language of the reasonable promptness clause is clearly intended to benefit Medicaid-eligible individuals.” Id. at 715 .

Prefab Products, Inc. v. United States Postal Service

600 F. Supp. 89 · District Court, S.D. Florida · Dec 10, 1984

This reorganization did not remove the Postal Service from the federal government, but made it an “independent establishment within the executive branch of the Government.” … Whatever exceptions to the Act Congress contemplated are clearly laid out.

Lakeland Highlands Canning Co. v. Mayo

28 F. Supp. 44 · District Court, S.D. Florida · May 3, 1939

Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.’ ” Chicago B. & Q. R. Co. v. … It further showed that the canners had established businesses of years standing with a large investment, employing several thousand employees. *47 That they had made contracts for sale of juice for future delivery and that

Lucibella v. Town of Ocean Ridge

District Court, S.D. Florida · Mar 29, 2022

To overcome the qualified immunity defense, a plaintiff must demonstrate that the official deprived him of a constitutional right that was “clearly established” when the alleged offense occurred. See Saucier v. … For purposes of qualified immunity, only decisions of the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the Florida Supreme Court constitute “clearly established” law in this district.

United States v. Malnik

348 F. Supp. 1273 · District Court, S.D. Florida · Apr 10, 1972

The Government also stated that the United States would not grant immunity from prosecution to Mr. Malnik. … United States, 222 U.S. 139 (1911), at page 142, 32 S.Ct. 71 , at page 73, 56 L.Ed. 128 : “ * * * the immunity afforded by the constitutional guaranty relates to the past, and does not endow the person who testifies with

Cannon v. City of Port St. Lucie

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

alleges Monell liability against the City, even setting aside qualified immunity for Officer Nichols [ECF No. 64 pp. 6–7]. … First, contrary to Plaintiff’s arguments, the Report correctly dismissed Plaintiff’s Monell claim against the City upon concluding that Officer Nichols is entitled to qualified immunity.

Caban v. J.P. Morgan Chase & Co.

606 F. Supp. 2d 1361 · District Court, S.D. Florida · Mar 23, 2009

In contrast to the class action waiver, the mandatory arbitration provision does not work to immunize Chase or oppress its customers. … Although clearly dicta, the allusion in Graham to the arbitration agreement in Marsh as an example of a clause that might be against the Delaware public policy is instructive here.

Thomas Ex Rel. Estate of Robinson v. Burlington Industries, Inc.

763 F. Supp. 1570 · District Court, S.D. Florida · May 24, 1991

In determining whether a claim “arises under” the stated source of federal law, a right or immunity created by one of those sources must be an “essential element” of the Plaintiffs cause of action, Gully v. … at issue qualifies as an ERISA benefit plan.

Miller v. Palm Beach County Sheriff's Office

District Court, S.D. Florida · Mar 21, 2025

The remaining Defendants, sued in their individual capacities (“Deputy Defendants”), moved to dismiss based on the defense of qualified immunity. DE 30. … qualified immunity is through a motion for summary judgment.

Grosscup v. Pantano

725 F. Supp. 2d 1370 · District Court, S.D. Florida · Jul 22, 2010

First, the Court finds that Florida clearly recognizes a cause of action for regulatory takings. Joint Ventures, Inc. v. … As stated above, Plaintiff has clearly pleaded enough facts to establish this Court's subject matter jurisdiction based on the issue of extraordinary delay, Defendants may raise this issue again on summary judgment, and the

Seals v. United States

714 F. Supp. 1194 · District Court, S.D. Florida · Jun 7, 1989

As a sovereign, the United States is immune to suit unless it waives its immunity. Thomas v. Calavar Corporation, 679 F.2d 416, 418 (5th Cir.1982). … FTCA has established “a limited waiver of sovereign immunity, making the federal government liable to the same extent as a private party for certain torts of federal employees acting within the scope of their employment.”

Fraginals v. Postmaster General

265 F. Supp. 2d 1309 · District Court, S.D. Florida · Apr 24, 2003

As employment officer, Cochran clearly had the authority to revoke the appointment. … The Postal Service’s waiver of sovereign immunity is not as broad as Plaintiffs assert, and does not extend to their breach of contract claims.

Hernandez v. Homestead, Florida

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

Plaintiff also argues that Judge Damian erred in finding that Gretsas is entitled to qualified immunity with respect to Counts 2 and 3 because Plaintiff contends that Gretsas was on notice that his conduct violated clearly … established law.