Case law

Henry

District Court, S.D. Florida · Jan 28, 2026

Plaintiff’s third Objection to the Report is that Magistrate Judge McCabe supposedly erred in failing to recognize that “fabricated evidence or false statements defeat qualified immunity” [ECF No. 345 p. 6]. … Paez directs courts, when confronted with assertions of alleged misstatements or omissions in an officer’s affidavit (and in the context of qualified immunity), to “examine the materiality of the information by inquiring

Resolution Trust Corp. v. Holland & Knight

832 F. Supp. 1532 · District Court, S.D. Florida · Aug 26, 1993

” rule that holds that the RTC and the FDIC are immune from affirmative defenses. … Applicability of the Public Policy “Immunity” Rule to Third-Party Professionals In its motion to strike affirmative defenses, the RTC argues that this public policy “immunity” rule prohibits Holland & Knight, a *1537 third-party

Pike

District Court, S.D. Florida · Aug 24, 2026

Specifically, Plaintiff argues that the Report errs by: (1) concluding that the law enforcement officers are entitled to qualified immunity; (2) concluding that Whiddon and Miller are not state actors subject to constitutional … immunity on a claim for First Amendment retaliatory arrest (citing Prospero v.

Dalmau v. Viçäo Aérea Rio-Grandense, S.A.

337 F. Supp. 2d 1299 · District Court, S.D. Florida · Aug 11, 2004

to establish a prima facie case. … This is clearly *1306 not the type of evidence that can, by itself, prove an intent to discriminate.

Ortiz v. City of Miami

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

Qualified immunity protects government officials who perform discretionary functions by shielding them from civil liability as long as the officials' conduct “does not violate clearly established statutory or … To determine whether qualified immunity exists, a court must evaluate (1) whether a plaintiff has alleged a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of

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

208 F. Supp. 2d 1334 · District Court, S.D. Florida · May 15, 2002

In this case, the language of clause 23 of the through bill of lading clearly indicates the parties’ intent that COGSA govern the carriage of goods before loading, after discharge from the vessel, and while subject to the … 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.

Sack v. Miami Helicopter Service, Inc.

986 F. Supp. 1456 · District Court, S.D. Florida · Nov 14, 1997

These examples clearly differentiate generic paperwork activities from the supervisory activities of management. … However, under this construction, any office worker that spends 50% of his or her time making purchases for their department would qualify as an exempt administrator—a result which would clearly violate the express intent

Alvarado v. I.G.W.T. Delivery Systems, Inc.

410 F. Supp. 2d 1272 · District Court, S.D. Florida · Jan 17, 2006

Simply signing the letters in 2003 does not qualify as an assertion of FLSA rights, and adverse action was taken by the Defendant years later. … Conclusion Defendants clearly meet the Motor Carrier Exemption in this case.

First National Bank of Miami v. United States

226 F. Supp. 166 · District Court, S.D. Florida · Nov 12, 1963

CASSIDY, qualified as such and also qualified as Executor of the estate of FLORENCE DEEGAN CASSIDY. On January 7, 1959, JAMES M. … The Statute clearly prescribes the period of limitation and neither this Court nor the taxpayer can enlarge the period of limitation beyond what Congress has prescribed. Kaltreider Construction Co., Inc. v.

City of Gainesville v. Florida Power & Light Co.

488 F. Supp. 1258 · District Court, S.D. Florida · Apr 18, 1980

The several lower court cases construing that term have established several related tests for determining what constitutes a commodity. … Clearly, however, the mere fact that an area is of federal concern does not establish a federal cause of action beyond the administrative remedies available. 22 . Plaintiffs cite City of Cleveland v.

Altman v. Sterling Caterers, Inc.

879 F. Supp. 2d 1375 · District Court, S.D. Florida · Jul 17, 2012

Circle K is a national agency which supervises kosher establishments. … In other words, Defendants must establish both standards in order to obtain the exemption. 2.

Helman v. Udren Law Offices, P.C.

85 F. Supp. 3d 1319 · District Court, S.D. Florida · Dec 18, 2014

The letter does not deliver an ultimatum or establish an arbitrary deadline. The letter in Reese clearly sought to collect upon a debt. … Plaintiff substantiates her claim by attaching copies of the documents in which she made a qualified written request, to Nationstar, under RESPA. DE 91 -2, 91-8.

International Eateries of America, Inc. v. Board of County Commissioners

838 F. Supp. 580 · District Court, S.D. Florida · Oct 29, 1993

First, the court explained that the ordinance at issue was clearly aimed at conduct within the targeted establishments, not at land use regulation: Indeed, it is patently clear to us that the ordinance in question was intended … The section clearly does not require that an ordinance qualify as a zoning ordinance in order be, covered by the section.

Tobinick v. Novella

108 F. Supp. 3d 1299 · District Court, S.D. Florida · Jun 4, 2015

Novella’s statements undoubtedly qualify as protected activity under the statute, as they were made on a public forum and in connection with an issue of public interest. Cal.Civ.Proc. Code § 425.16(e)(3). … His posts clearly concern an area of public interest: the efficacy of treatments for, inter alia, stroke and Alzheimer’s disease. Even Tobinick M.D. does not appear to contest the point.

Golden Isles Convalescent Center, Inc. v. Califano

442 F. Supp. 201 · District Court, S.D. Florida · Oct 18, 1977

Under the program, payments are made by the designated State agency to qualified beneficiaries, including Plaintiffs. … There is some dispute as to whether or not the present plan conforms to Section 249, but the mandate of Congress clearly calls on the Secretary of HEW to make this determination administratively.

Botero Gomez v. United States

725 F. Supp. 526 · District Court, S.D. Florida · Nov 27, 1989

On the basis of this decision the Court finds that it must grant bond because the testimony established that MCC Miami cannot provide necessary treatment for petitioner’s illness. … Petitioner is infected with Acquired Immune Deficiency Syndrome (AIDS), Stage IV. Stage Four is the most advanced stage of the illness in which patients are most susceptible to related illnesses.

Curry v. United States

389 F. Supp. 3d 1096 · District Court, S.D. Florida · May 10, 2019

Therefore, the absence *1106 of these documents in the record establishes as a matter of historical fact that the undersigned used the residual clause in sentencing Mr. … Because the Court finds Pickett meets the controlling authority exception, it is unnecessary to determine if the "clearly erroneous" exception applies.

Orlando Candy Co. v. New Hampshire Fire Ins. Co. of Manchester

51 F.2d 392 · District Court, S.D. Florida · Jul 10, 1931

, as found in statutes relating to foreign corporations, and providing in effect that no action shall be maintained “in the courts of the state” by any foreign corporation as plaintiff until such corporation shall have, qualified … the attorney’s fees was an amount claimed in good faith so as to be considered for the purpose of determining the jurisdictional amount there in eontroversey, that nevertheless the validity of such claim was not thereby established

Goldsmith v. Jackson Memorial Hospital Public Health Trust

33 F. Supp. 2d 1336 · District Court, S.D. Florida · Dec 29, 1998

Further, uncontroverted evidence establishes that the Hospital ultimately determined that Dr. Goldsmith was qualified for a full-time position as a primary care physician and offered him such a position. … Goldsmith was not qualified to practice medicine. Thus, the uncontroverted facts establish that Dr.

de la Cruz v. Children's Trust

843 F. Supp. 2d 1273 · District Court, S.D. Florida · Feb 2, 2012

The ADA "prohibits discrimination against a qualified individual with a disability based on that disability when the discrimination involves the hiring, advancement, termination or conditions of employment of that qualified … "Very Good” is defined as "Results clearly exceed most position requirements. Performance is of high quality and is achieved on a consistent basis.” (DE # 18-10, at 3). .