Case law

In Re Unicapital Corp. Securities Litigation

149 F. Supp. 2d 1353 · District Court, S.D. Florida · Jun 29, 2001

The ANCA’s provisions were designed to establish a national aviation noise policy. In establishing this national policy, the statute concentrates on two separate and distinct goals. … To provide immunity, a warning effectively needs to render any misrepresentation or omission immaterial.

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).

Bourne v. Jones

114 F. Supp. 413 · District Court, S.D. Florida · Jul 24, 1951

As a result of this investigation, a search was begun to discover new varieties of sugar cane that were inherently immune to the industry destroying disease, and, also, that would give an increased sugar yield. … And there is no indication of fraud or surreptitiousness to otherwise qualify any public use.

Senter v. JPMorgan Chase Bank, N.A.

810 F. Supp. 2d 1339 · District Court, S.D. Florida · Aug 9, 2011

The Defendants contend that the language of the TPP Agreements clearly indicates that the Plaintiffs were not entitled to modifications, but were subject to qualification by the Defendants. Id. at 5 . … First, the Plaintiffs’ allegations fail to establish that the policy refers to qualifying borrowers for permanent loan modifications. Id.

Williams v. United States

285 F. Supp. 3d 1341 · District Court, S.D. Florida · Jan 3, 2018

United States , the Court of Appeals for the Eleventh Circuit established that, "[t]o prove a Johnson claim, the movant must show that-more likely than not-it was use of the residual clause that led to the sentencing court's … Accordingly, whether burglary "no longer qualifies under present law as a violent felony under the elements clause (and thus could now qualify only under the defunct residual clause) would be a decision that casts very little

Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.

336 F. Supp. 2d 1239 · District Court, S.D. Florida · Jul 26, 2004

(v) Litigation Immunity 23 DuPont argues that the proposed RICO claims should also be denied based on litigation immunity. … Specifically, I grant DuPont’s Motion based on the following grounds: (1) litigation immunity applies, (2) the claims do not establish reasonable reliance, (3) the RICO claims do not establish reasonable reliance or direct

Certain Underwriters at Lloyd's, London v. Giroire

27 F. Supp. 2d 1306 · District Court, S.D. Florida · Apr 30, 1998

Thus the parties clearly intended the obligations of uberrimae fidei to apply to this insurance transaction. … After reviewing 11th Circuit cases discussing the obligation for full disclosure in marine insurance contracts, the Court concludes that uberrimae fidei is well-established in the 11th Circuit and clearly permits an insurer

Banuchi v. City of Homestead

District Court, S.D. Florida · Jun 8, 2021

Green maintains he is entitled to qualified immunity on count one. In support, he says he was acting within his discretionary authority and he did not violate clearly established law as to the Fourth Amendment. … Ct. 110 (2020) (“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.”)

Lake Lucerne Civic Ass'n v. Dolphin Stadium Corp.

801 F. Supp. 684 · District Court, S.D. Florida · Jul 31, 1992

Eleventh Amendment Immunity Dade County asserts that it acted as an instrumentality of the state when it participated in the review process and, therefore, is entitled to eleventh amendment immunity. … The County argues that the Eleventh Circuit found that the state courts adjudicated that the stadium qualified for the issuance of industrial revenue bonds.

Cruz v. MIAMI DADE COUNTY

District Court, S.D. Florida · Apr 29, 2025

Further, Plaintiff alleges that the County “allow[s] correction officer ‘shake down teams’ to have free reign to conduct 2 The individual Defendants did not directly raise a qualified immunity … App’x 868, 878 (11th Cir. 2018) (qualified immunity precluded failure to intervene claim where the whole excessive force incident lasted only a few seconds and evolved rapidly once plaintiff was seized and handcuffed,

Greenberg v. United States

557 F. Supp. 21 · District Court, S.D. Florida · Jul 29, 1982

Marks, as trustees, is to be used by them in their fiduciary discretion for the purpose of establishing a memorial in the memory of Rand, intending to qualify as a charitable organization pursuant to Section 501(c)(3) of … The words establishing the memorial, read in combination, rather than as isolated phrases, clearly evince a desire to improve broadcasting for the public betterment.

Verna v. Public Health Trust of Miami-Dade County

539 F. Supp. 2d 1340 · District Court, S.D. Florida · Feb 26, 2008

Moreover, while Defendant has not disputed that Plaintiff was qualified for the position from which she was terminated, there is no record evidence that establishes that Verna was qualified for the promotion. … Specifically, to prove that she is a qualified individual, a plaintiff must establish that she can perform the essential functions of the position with or without reasonable accommodations.

Khoury v. The Miami-Dade County School Board

District Court, S.D. Florida · Jun 22, 2022

Khoury argues Officer Williams waived his post-trial arguments on qualified immunity because at trial he “failed to articulate any factual or legal reasons why he was entitled to qualified immunity.” … “Qualified immunity offers complete protection for government officials sued in their individual capacities when the official’s conduct does not violate clearly established law.” Khoury v. Miami-Dade Cnty. Sch.

Williams v. Mercer

610 F. Supp. 169 · District Court, S.D. Florida · May 31, 1985

The section establishing the committee’s subpoena powers, § 372(c)(9)(A), and the issuance and service provision of the Act, § 332(d)(1), are unconstitutional; and 3. … SUBJECT MATTER JURISDICTION The Act clearly confers authority to issue subpoenas only upon the clerk of the court of appeals in which a complaint pursuant to the Act is filed.

Euclid Turnaround Opportunity Fund LP v. Amerant Equipment Finance, et al.

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

The litigation privilege “may be considered in resolving a motion to dismiss when the complaint affirmatively and clearly shows the conclusive applicability of the defense to bar the action.” … A qualified privilege requires the plaintiff to establish express malice.” DelMonico v. Traynor, 116 So. 3d 1205, 1208 (Fla. 2013).

Leone v. United States

233 F. Supp. 3d 1366 · District Court, S.D. Florida · Feb 2, 2017

The record does not establish that Movant was sentenced under the residual clause. … Movant’s PSI establishes that seven of his burglary convictions qualified as ACCA predicates under the enumerated clause. Thus, there was no basis for the Court to rely on the residual clause.

Niro Atomizer, Inc. v. United States Environmental Protection Agency

682 F. Supp. 1212 · District Court, S.D. Florida · Mar 31, 1988

(“Zimpro”) as its pre-qualified supplier for the fluid bed incineration system and selected Niro as its non-pre-qualified supplier of the system. … Hence, EPA clearly has authority to consider the merits of this protest appeal irrespective of any question of standing. EPA’s decision at 12.

Florida Outdoor Advert., LLC v. City of Boca Raton, Fl

266 F. Supp. 2d 1376 · District Court, S.D. Florida · Jan 14, 2003

or before an officer duly qualified to administer oaths.” … The court held that “[t]hese factors clearly constitute es-toppel so as to preclude [the couple] from denying the validity of the mortgage.” Id. at 885 .

Wood v. Internal Revenue Service

District Court, S.D. Florida · Jan 31, 2021

Plaintiff Has Not Established A Waiver of Sovereign Immunity Under 28 U.S.C. … Here, Plaintiff has not established that he has satisfied the full-payment rule as required under 28 U.S.C. § 1346(a) for a waiver of sovereign immunity.

Corn v. City of Lauderdale Lakes

794 F. Supp. 364 · District Court, S.D. Florida · May 20, 1992

CORN, who was awarded nearly three-quarters of a million dollars, is clearly a prevailing party. … CORN has, through expert affidavits, established both prongs of Justice O’Connor’s Delaware Valley II test. The question becomes what degree of multiplier is appropriate.