Case law

Harris v. Miami-Dade County

District Court, S.D. Florida · Sep 1, 2021

As an affirmative defense, Defendants claim that Detective Coto is entitled to qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 815 (1982) (“Qualified . . . … immunity is an affirmative defense that must be pleaded by a defendant official.”). Courts apply a two-part test to determine whether a government official is entitled to qualified immunity. Harbert Int’l v.

Official Labor Creditors Committee v. Jet Florida Systems, Inc. (In Re Jet Florida Systems, Inc.)

80 B.R. 544 · District Court, S.D. Florida · Dec 7, 1987

In its Order, the Bankruptcy Court stated: *548 The cases allowing priority claims under 11 U.S.C. § 507 (a)(4) involve both a clearly established plan, such as a group health insurance policy underwritten and operated by … In the instant case, therefore, the Court finds that it was reversible error for the Bankruptcy Court to hold that § 507(a)(4) requires a “clearly established plan ... underwritten and operated by a recognized third-party

Mallo v. Public Health Trust of Dade County

88 F. Supp. 2d 1376 · District Court, S.D. Florida · Mar 31, 2000

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … By comparison, therefore, the verbiage of § 1396a(a)(25)(C) clearly imposes a binding obligation on the health care provider. b.

Waite v. AII Acquisition Corp.

194 F. Supp. 3d 1298 · District Court, S.D. Florida · Jul 11, 2016

Mar. 21, 2016) (holding that bare metal defense does not provide a product manufacturer blanket immunity for liability for exposures to asbestos-containing replacement parts, and finding that a duty to warn indeed exists … This, of course, does not establish grounds for reconsideration or amendment, and the Motion is accordingly denied. V.

Gray v. Howard

District Court, S.D. Florida · Jul 7, 2023

immunity. … Gray falls far short of establishing any constitutional violations, never mind any that are clearly established.

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.”

GDG Acquisitions LLC v. Government of Belize

935 F. Supp. 2d 1348 · District Court, S.D. Florida · Mar 28, 2013

Defendant argues that this Court lacks subject matter jurisdiction over it because it is entitled to foreign sovereign immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq., that the doctrine oí forum … When a nonmovant shows that the remedy offered by the alternate forum is clearly unsatisfactory, the: other forum is not an adequate alternative.

Marschhauser v. Travelers Indemnity Co.

145 F.R.D. 605 · District Court, S.D. Florida · Dec 21, 1992

“The primary innovation of the Convention is that it requires each state to establish a central authority to receive requests for service of documents from other countries.” Id. at 698-99 , 108 S.Ct. at 2107 . … DISCUSSION Israel, the Consulate and Marschhauser agree that the applicable provision for service on Israel and the Consulate is Section 1608(a)(2) of the Foreign Sovereign Immunities Act, which incorporates the Hague Convention

Levick v. Steiner Transocean Ltd.

377 F. Supp. 2d 1251 · District Court, S.D. Florida · Jul 13, 2005

summary judgment standard as follows: [T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish … Unlike Sharpe , the liability limitations clause in Paragraph 1(e) is specifically modified by Paragraphs *1257 13-17. 4 A passenger reading Paragraphs 1 and 13-17 is clearly notified of the types of liability exclusions

Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel

691 F. Supp. 1377 · District Court, S.D. Florida · Jul 15, 1988

Clearly, the res is embedded in soil which is owned by the state. … Here, we have no similar waiver of sovereign immunity.

Eddy v. City of Miami

715 F. Supp. 1553 · District Court, S.D. Florida · May 16, 1989

This Court, however, does point out to Plaintiffs that the Florida Wrongful Death Act clearly does not constitute a waiver of the State’s common-law immunity against civil rights actions at the state level. Hill v. … Without assuming that Plaintiffs in the *1558 case sub judice have this same intent, clearly the risk of confusion between the two claims is great.

McCollum Aviation, Inc. v. CIM Associates, Inc.

438 F. Supp. 245 · District Court, S.D. Florida · Sep 23, 1977

It is clearly substantive and as such, it must be given precedence over Rule 17(b) because under the Rules Enabling Act,' as developed by Hanna , a Federal Rule cannot abridge an existing substantive right. … The pre-Eli Lilly question of whether a state qualifying statute is applicable in a federal diversity case had become an accepted proposition upon the authority of Woods .

Equal Employment Opportunity Commission v. Joe's Stone Crab, Inc.

15 F. Supp. 2d 1364 · District Court, S.D. Florida · Aug 12, 1998

Keon’s work experience, the court finds that she failed to establish that she was fully qualified to perform the requirements of a food server at Joe’s. Accordingly, Ms. … (iv) The restaurant entrance to be used by applicants at the roll call shall be marked clearly and other entrances shall be marked to direct applicants to the proper door.

Organized Fishermen of Florida, Inc. v. Franklin

846 F. Supp. 1569 · District Court, S.D. Florida · Mar 18, 1994

Fox “so clearly lied and tried to cover up his dictatorial involvement with the Decision Memorandum on fish traps/Amendment IV” is sufficient to establish Fox’s “unalterably closed mind, or at least sufficient to support … Taking this as true, the Court does not find that such evidence clearly and convincingly establishes Dr. Fox’s bias. Individually, none of the four facts relied on by Plaintiffs support a finding that Dr.

Longariello v. School Bd. of Monroe County Fla.

987 F. Supp. 1440 · District Court, S.D. Florida · Sep 12, 1997

To establish a prima facie ease for failure to hire, Longariello must show: (1) that he belongs to a protected class; (2) that he applied for and was qualified for the position; (3) that he was rejected; and (4) that “after … As a male, Longariello clearly is a member of *1449 a protected class.

Bienaime v. Department of Children and Families

District Court, S.D. Florida · Nov 15, 2024

On the one hand, “a defendant should not be forced to expend substantial resources answering discovery when the plaintiff's claims clearly lack merit[.]” … Harris, 401 U.S. 37 (1971); Florida law provides for the immunity of child protective investigators and Defendant is entitled to qualified immunity. ECF No. [31].

Slattery v. Neumann

200 F. Supp. 2d 1367 · District Court, S.D. Florida · Feb 22, 2002

In Rogers, the Eleventh Circuit also reversed the district court’s denial of the defendants’ qualified immunity claim and held that no existing case law clearly established that “a plaintiff in a § 1983 law suit may not be … The result is the same— ominous warnings are insufficient to establish a constructive discharge in a § 1983 action. See Rogers, 57 F.3d at 992 .

Helton v. Singletary

85 F. Supp. 2d 1323 · District Court, S.D. Florida · Jan 20, 2000

What Petitioner clearly did not know is that the deadline had been running from April 24, 1996. The issue is whether these circumstances qualify as extraordinary circumstances. … Applying these principles to the instant case starts out easily enough: the law applicable to Petitioner’s claims of ineffective assistance of counsel has been clearly established in Strickland v.

Farinas v. Barnhart

321 F. Supp. 2d 1311 · District Court, S.D. Florida · Mar 24, 2004

In order to qualify for federal public benefits, an alien is required to establish that she is a “qualified alien.” 8 U.S.C.A. § 1611 (a). … The plain meaning of the act clearly indicates that the plaintiffs adjusted status as a lawful permanent resident under NACARA qualifies as a ‘special status’ pursuant to the ‘Cuban/Haitian entrant’ exception.

Publix Cleaners, Inc. v. Florida Dry Cleaning & Laundry Board

32 F. Supp. 31 · District Court, S.D. Florida · Mar 12, 1940

That it directly affects the public health is clearly apparent. … In the light of the more recent decisions, the court feels that these cases are inharmonious with the now established rule.