Case law

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). .

Salmon v. Dade County School Board

4 F. Supp. 2d 1157 · District Court, S.D. Florida · Apr 28, 1998

The moving party has the burden to establish the absence of a genuine issue as to any material fact. Adickes v. S.H. … Clearly Salmon has failed to meet this burden because there is a complete failure of proof concerning the essential elements of her claim.

Gomez v. Metro Dade County, Fla.

801 F. Supp. 674 · District Court, S.D. Florida · Jul 24, 1992

This Court finds as a matter of law that the allegations offered by Gomez as support for her theory that a de facto custom existed are nothing more than isolated incidents that clearly cannot be said to establish or create … McCray, as a subordinate of Phillips, clearly does not have final policymaking authority.

Silva-Hernandez v. Swacina

827 F. Supp. 2d 1352 · District Court, S.D. Florida · Nov 4, 2011

This would result in establishing Mrs. Hernandez’s date of adjustment al *1355 most two and a half years before she married Mr. Hernandez. Mrs. … The Court may reach a result seemingly inconsistent with the plain meaning of a statute “if giving the words of a statute their plain meaning produces a result that is not just unwise but is clearly absurd.” Durr v.

United States ex rel. Brown v. BankUnited Trust 2005-1

235 F. Supp. 3d 1343 · District Court, S.D. Florida · Jan 30, 2017

“[A] plaintiff need hot establish herself as the original source of the publicly disclosed information but must establish that she is an original source of the information in that she had direct and independent knowledge … similarly fails to qualify.

Diaz v. Cobb

475 F. Supp. 2d 1270 · District Court, S.D. Florida · Feb 27, 2007

“It is well established that a complaint should not be dismissed for failure to state a claim pursuant to Fed. R. Civ. … Eleventh Amendment Immunity Defendants Snipes, Holland, Cowles, and Anderson argue that they are immune from suit based on the Eleventh Amendment.

Enke v. Ribicoff

197 F. Supp. 319 · District Court, S.D. Florida · Sep 6, 1961

acquiring a wage record which would enable him to qualify for old age insurance benefits. … This inference is clearly unwarranted in the light of uncontroverted facts in evidence.

Telfair v. Federal Express Corp.

934 F. Supp. 2d 1368 · District Court, S.D. Florida · Mar 28, 2013

City of Montgomery, Ala., 104 F.3d 1247, 1251 (11th Cir.1997)), for example, where an accurate video recording completély and clearly contradicts a party’s testimony. Id. … To establish a prima facie case of discrimination under McDonnell Douglas , a plaintiff alleging discrimination must show: (1) he was a member of a protected class; (2) he was qualified for the position or otherwise met his

Equal Employment Opportunity Commission v. Crown Liquors of Broward, Inc.

503 F. Supp. 330 · District Court, S.D. Florida · Jan 29, 1980

In Bailey, however, the types of discrimination clearly differed, i. e., sex v. race. … The foregoing establishes the Commission’s immunity from the application of Fla. Stat. § 95.11 (4).

Pinder v. BAHAMASAIR HOLDINGS LIMITED, INC.

661 F. Supp. 2d 1348 · District Court, S.D. Florida · Oct 9, 2009

Liberally construing plaintiffs letter, the undersigned finds that it clearly expresses a form of disapproval sufficient to constitute an objection 3 under the statute. … Defense counsel’s question tracked the language of the statute and was clearly designed to draw an improper legal conclusion from plaintiff.

LaMarca v. Turner

662 F. Supp. 647 · District Court, S.D. Florida · Jun 4, 1987

(c) APPLICATION OF THE QUALIFIED IMMUNITY DEFENSE 235. … Turner’s “qualified immunity” defense must fail. (4.)

Goussen v. Mendez Fuel Holdings LLC

350 F. Supp. 3d 1283 · District Court, S.D. Florida · Oct 10, 2018

DISCUSSION In his Motion, Plaintiff argues that the facts of this case are so clearly settled in his favor that "liability has [already] been established," and the only thing remaining is to "proceed to a damages trial." … Michael Mendez Dep. , ECF No. 32-1, at p. 15. *1290 In short, this is not one of those cases involving "absentee owners" who are immune from liability under the FLSA.

United States v. Broderick

425 F. Supp. 93 · District Court, S.D. Florida · Jan 7, 1977

Clearly, the hearsay statement which the prosecutor elicited despite her agreement not to do so, “caused aggravated circumstances to develop which ‘seriously prejudice[d] [the] defendant causing him to ‘reasonably conclude … POSTON: It is the government’s contention that it qualified the hearsay exception as to the pilot.

U.S. Capital Global Investment Management, LLC v. Herring Imming, LLP, Ruston T. Imming, and Maria Sweeney

District Court, S.D. Florida · May 20, 2026

establish facts to support that allegation. … However, Grippa discussed both the absolute privilege, which is immunity from suit, and the qualified privilege, which is a defense from liability. Grippa, 133 F.4th at 1199.

Vision I Homeowners Ass'n v. Aspen Specialty Insurance

674 F. Supp. 2d 1321 · District Court, S.D. Florida · Dec 15, 2009

Plaintiff argues that Phillips has handled more than 400 claims for WKA. and, thus, he clearly qualifies as an expert. … Whether a logical basis for admitting the testimony has been established is within the court’s discretion, and the weaknesses in the underpinnings of the expert’s opinion go to its weight rather than its admissibility.

Adiel v. Chase Federal Savings & Loan Ass'n

630 F. Supp. 131 · District Court, S.D. Florida · Jan 30, 1986

In sum, they can not establish the “causal nexus” necessary for an award of actual damages. *134 III The legislative history of the Act indicates that Congress was aware of the difficulty of establishing that causal link … But the Opinion Letters stated that although the loans did not qualify as assumptions, they did constitute re-financing.

Hoang v. Doral 888 LLC

District Court, S.D. Florida · Oct 25, 2023

contending that Plaintiff clearly is a creative professional. … Tang argues that the record evidence in this case clearly establishes that he did not assert control over Plaintiff or otherwise act as Plaintiff’s employer; thus, Mr.

Hanley v. Sports Authority

143 F. Supp. 2d 1351 · District Court, S.D. Florida · Nov 2, 2000

Discipline Claims To establish a prima facie case in the area of disparate discipline, a plaintiff must demonstrate: (1) that he belongs to a protected class; (2) that he is qualified for the job; and (3) that a similarly … Plaintiff claims that he was more qualified than Avalives and clearly he had more seniority.

Collins v. Erin Capital Management, LLC

991 F. Supp. 2d 1195 · District Court, S.D. Florida · Oct 28, 2013

Erin Capital fails to offer any evidence to establish the clearly excessive burdens on interstate commerce or the dearth of benefits to the State of Florida. … May 11, 2011), and argues Collins fails to establish the consumer debt element of an FDCPA claim.

McCurdy v. School Board of Palm Beach County, Florida

367 F. Supp. 747 · District Court, S.D. Florida · Oct 24, 1973

He testified this criteria was established “in discussions” prior to the appointment of Gold, and that the criteria was followed with respect to his appointment and for Carter’s as well. … for the position of Supervising Principal than other more qualified persons.”