Case law

Pepke v. Fla. Dep't of Families

324 F. Supp. 3d 1258 · District Court, S.D. Florida · Aug 20, 2018

More specifically, Defendants seek dismissal under the Rooker - Feldman doctrine, Eleventh Amendment immunity, sovereign immunity, qualified immunity, statutory immunity, as well as dismissal for failure to state a claim … "It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction." Id. (citing Turner v.

Watkins v. Sergeant M. Bigwood

District Court, S.D. Florida · Oct 7, 2020

In particular, he contends that the Officer Defendants do not have an actionable qualified immunity defense, and thus, there is no bar to discovery of this information. … Rather, it determined that based on the pleading’s allegations, Plaintiff had adequately stated claims for relief, and that at that juncture the qualified immunity defense did not bar his claims. Id.

Lawn v. Jones

District Court, S.D. Florida · Feb 3, 2021

not violate a clearly established constitutional right.” … To be entitled to qualified immunity, an officer must establish that he was acting within his discretionary authority during the incident. Id.

Wajcman v. Investment Corp. of Palm Beach

620 F. Supp. 2d 1353 · District Court, S.D. Florida · May 15, 2009

Thus, Defendant’s reliance on industry practice is insufficient to satisfy its burden of establishing a good faith defense. … awarded liquidated damages where the amount of plaintiff's compensation was determined based on industry practice and did not bear any relation to the amount of off-duty time worked; court noted that an employer is "not immune

Hornfeld v. City of North Miami Beach

107 F. Supp. 2d 1359 · District Court, S.D. Florida · Aug 3, 2000

The only limitation is on suits by private individuals against the state in federal court where the state has not waived its sovereign immunity. … The McDonnell Douglas burden shifting formula requires the plaintiff to first establish a prima facie case of age discrimination.

Westchester General Hospital, Inc. v. Department of Health & Human Services, Center for Medicare & Medicaid Services

770 F. Supp. 2d 1286 · District Court, S.D. Florida · Mar 18, 2011

With these limitations in mind, Plaintiff did not establish that the Department’s decision was arbitrary and capricious. Legal Envtl. Assistance Found., Inc. v. … Plaintiff clearly does not do this.

Fuller v. The City of Miami

District Court, S.D. Florida · Sep 5, 2024

for her conduct during a Code Enforcement Board hearing; and (3) that she is entitled to qualified immunity because the allegations in the Second Amended Complaint failed to show that she violated a protected constitutional … Accordingly, the Court need not reach the third argument of whether Defendant Bayona is also entitled to qualified immunity.

Caro v. Miami-Dade County

105 F. Supp. 2d 1326 · District Court, S.D. Florida · Apr 12, 2000

County asserts that a section 1981 suit cannot stand against a county. 1 For his own part, *1328 Brooks asserts the defense of qualified immunity against this claim. … As a general rule, this Court would normally address the issue of whether Brooks violated section 1981 before turning to the question of Brooks’ qualified immunity defense. See Bishop v.

Dockery v. North Shore Medical Center

909 F. Supp. 1550 · District Court, S.D. Florida · Dec 4, 1995

This case presents clearly different facts than those which only involve the filling out of disability applications. … Rebhan, 842 F.2d 1257, 1261 (11th Cir.1988) (“where federal issues are involved, federal courts may look to common law or to the policies supporting the doctrine itself for guidance in establishing an appropriate formulation

Rodriguez v. City of Hialeah

716 F. Supp. 1425 · District Court, S.D. Florida · Apr 28, 1989

Rodriguez presented no evidence other than his own opinion establishing that he was qualified for a job as a permanent police officer with the City. … On the contrary, Rodriguez’ own testimony clearly established that the reasons for the City’s decision not to hire him on a permanent basis were legitimate and not a pretext.

Roig v. Miami Federal Credit Union

353 F. Supp. 2d 1213 · District Court, S.D. Florida · Jan 25, 2005

Plaintiff cannot establish that Defendant regarded him as disabled “Under the ‘regarded as’ disabled [test], a person is ‘disabled’ if her employer perceives her as having an ADA-qualifying disability, even if there is no … Clearly, Defendant’s CEO did not believe that Plaintiff was disabled or unable to perform in the workplace.

PT Indonesia Epson Industry v. Orient Overseas Container Line, Inc.

219 F. Supp. 2d 1265 · District Court, S.D. Florida · May 17, 2002

In this case, the language of clause 23 of the through bill of lading clearly indicates the parties’ intent that COGSA govern the car *1270 riage of goods before loading, after discharge from the vessel, and while subject … State law does not apply because “Congress has clearly preempted state law through COGSA in defining the relationship between ocean carriers and cargo interests.” GFT U.S.A. Corp. v.

C.V. ex rel. Wahlquist v. Dudek

209 F. Supp. 3d 1279 · District Court, S.D. Florida · Sep 20, 2016

. *1285 Three well-established principles of interpretation further support the Court’s reading of the ADA. … clearly and unambiguously.

Marron

District Court, S.D. Florida · Aug 10, 2026

Immunities Act].” … Circuit in Does states that “Section 201(a) of the TRIA applies to foreign states that qualify as ‘terrorist part[ies]’ . . . only when those foreign states already have lost their jurisdictional immunity either through

United States v. Taylor

759 F. Supp. 804 · District Court, S.D. Florida · Mar 7, 1991

I don’t care what happens to me so long as I know you didn’t enjoy your immunity. And you want![sic]” Martin v. U.S., 691 F.2d 1235, 1239 (8th Cir.1982). (C) Similarly, “This letter stated that Mrs. … Now, I don’t intend to set around for the four years with a finger in my ass and play the same game that some two bit lawyer thinks he can do, knowing that I am much more qualified than the 12 years that you have in criminal

Miranda v. Ocwen Loan Servicing, LLC

148 F. Supp. 3d 1349 · District Court, S.D. Florida · Dec 2, 2015

Defendant does not contest that it is a loan servicer or that the RFI qualifies as a QWR. Rather,. … Loan Lawyers, on behalf of Plaintiffs,' clearly sent the March 6, 2015, letter after the thirty days in which Defendant was required to fully respond to thé RFI'.

Argusea Ldc v. United States

622 F. Supp. 2d 1322 · District Court, S.D. Florida · Mar 13, 2008

The standard of care, discussed specifically infra, has been clearly delineated by the Supreme Court. … However, the discretionary function exception countermands this waiver of immunity.

Orchid Quay, LLC v. Suncor Bristol Bay, LLC

178 F. Supp. 3d 1300 · District Court, S.D. Florida · Apr 11, 2016

States are clearly not foreign states or citizens or subjects thereof. And it is well-established that a state is *1303 not a citizen of a state for the purpose of diversity jurisdiction. Moor v. … It is irrelevant whether CalPERS is an indispensable party or a real party in interest; Orchid — the sole plaintiff before the Court — clearly is.

Rinker v. Carnival Corp.

753 F. Supp. 2d 1237 · District Court, S.D. Florida · Nov 19, 2010

However, Plaintiff has failed to present any authority that establishes that the ISM creates any duties that Carnival owes to Plaintiff. … In response, Plaintiff argues that the Amended Complaint clearly alleges that Plaintiff was an intended beneficiary of the contract and also clearly alleges the elements of a claim for breach of a third-party beneficiary

Holland v. Tucker

854 F. Supp. 2d 1229 · District Court, S.D. Florida · Apr 3, 2012

The judge did so, presumably, because in 1975 the right to self-representation was not clearly established federal law. 24 However, the right to self-representation was clearly established law in 2000 when Mr. … criminal proceedings (use and derivative use immunity).