Case law

Bruce's Juices, Inc. v. American Can Co.

87 F. Supp. 985 · District Court, S.D. Florida · Sep 24, 1949

The end result of defendant’s discount system, as it was-operated, thus appears from the record: 98% of defendant’s customers failed to-qualify for any discount; of the 2% which, received a discount, only three qualified … The price differential was clearly 'available to the large competitor for innumerable competitive, and therefore harmful, purposes and of necessity the small canner, who has paid more, has thereby sustained direct injury.

LMP Ex Rel. EP v. School Bd. of Broward County

516 F. Supp. 2d 1294 · District Court, S.D. Florida · Sep 27, 2007

The Triplets turned three on January 4, 2004 and there was no IEP established (Amended Complaint ¶¶ 97-101). … The Eleventh Circuit has clearly stated that the state administrative exhaustion requirement mandated by the IDEA also applies to non-IDEA claims that could have been brought under the *1305 IDEA.

Frados v. Continental Casualty Co.

363 F. Supp. 2d 1349 · District Court, S.D. Florida · Feb 2, 2005

The language relied upon clearly states that, after 12 months, a claimant may not be considered disabled if the claimant is able to engage in any occupation that claimant is qualified for by education, training or experience … Clearly, however, Defendant would not have been able to. apply this definition of disability to Plaintiff since the Earnings Qualifier requires that a claimant be “gainfully employed.” Id.

United States v. Aguero

248 F. Supp. 2d 1150 · District Court, S.D. Florida · Jan 23, 2003

Any other questionnaires that were received from qualified jurors after December 30, 2002, were placed on standby in the event that the 229 qualified potential jurors proved insufficient to impanel a jury. 6 Analysis I. … After the jury administrator completed her testimony, defendants expressed clearly to the court that they were not challenging the system by which the jury venire was selected from the master wheel.

Peterson v. Celebrity Cruises, Inc.

753 F. Supp. 2d 1245 · District Court, S.D. Florida · Nov 30, 2010

Under general maritime law, a cruise line clearly cannot be held vicariously liable under a theory of *1248 actual agency for the medical negligence of onboard medical staff. See Barbetta v. … Nevertheless, these claims are difficult to establish.

Zarrella v. Pacific Life Insurance

820 F. Supp. 2d 1371 · District Court, S.D. Florida · Oct 25, 2011

At issue in this case is a plan established under § 412(i) of the Code. 1 Typically used by small businesses, a plan established under § 412(i) provides “defined benefits” to employees upon retirement. … Any such determination, like all other qualified plan design and administration issues, must be made by the qualified plan administrator, plan trustee, or the plan’s other legal or tax advisors.

Abdullah v. Migoya

955 F. Supp. 2d 1300 · District Court, S.D. Florida · Jun 28, 2013

He has received Bactrin and Zithromax as preventive medications to avoid opportunistic infections based upon Plaintiffs compromised immune system. Id. … In this case, it is undisputed that Plaintiff qualifies as a three-striker under Section 1915(g).

Gonzalez v. Porter

District Court, S.D. Florida · Apr 12, 2023

Second, the Plaintiffs argue that, if any privilege should apply, it is a qualified privilege, not an absolute one. (Id. at 9.) … Id. at 361-62. 3 When attorneys are involved in “informal,” out-of-court activities that nonetheless relate to some anticipated judicial process, then a qualified immunity is instead applied

Domotor v. Wennet

630 F. Supp. 2d 1368 · District Court, S.D. Florida · Jun 30, 2009

In Dennis , the Supreme Court also held that the immunity available to a judge would not extend to his co-conspirators. … The petitioner argued that because Heck would foreclose him from pursuing a damages action under § 1983 “unless he can establish the invalidity of his parole revocation, his action to establish that invalidity cannot be moot

Tracfone Wireless, Inc. v. Clear Choice Connections, Inc.

102 F. Supp. 3d 1321 · District Court, S.D. Florida · Apr 27, 2015

A preliminary injunction is considered “an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion for each prong of the analysis.” Id. … And to qualify as “irreparable,” the injury “cannot be undone through monetary remedies.” Id.

Rodriguez-Inclan

District Court, S.D. Florida · Aug 19, 2026

Importantly, a plaintiff “must clearly and specifically set forth facts sufficient to satisfy these Art. … , qualified immunity, state sovereign immunity, or failure to comply with state notice requirements.

Odebrecht Construction, Inc. v. Prasad

876 F. Supp. 2d 1305 · District Court, S.D. Florida · Jun 29, 2012

“[A] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the ‘burden of persuasion’ ” as to each of the four prerequisites. … It is sufficient to hold that the Cuba Amendment likely violates the general criteria established in Zschernig v.

Flournoy v. Florida Department of Corrections

District Court, S.D. Florida · Dec 30, 2019

quasi-judicial immunity, and/or qualified immunity for the actions challenged in the instant action. … Further, Defendants argue that the Amended Complaint should also be dismissed because they are entitled to sovereign immunity, quasi-judicial immunity, and/or qualified immunity.

Watkins v. Officer David Session

District Court, S.D. Florida · Feb 28, 2023

the law clearly established they couldn’t. … immunity.”).

Waters v. City of Sunrise

District Court, S.D. Florida · Apr 3, 2022

that Defendant is not entitled to qualified immunity. … Plaintiff also raises arguments related to qualified immunity, which are inapplicable here. See id. at 5-7.

Deffendall v. Indian River County Sheriff

District Court, S.D. Florida · Nov 24, 2023

But that’s not the qualified-immunity standard. … “Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Rio v. Runyon

972 F. Supp. 1446 · District Court, S.D. Florida · Jun 16, 1997

A qualified individual with a disability may establish unlawful discrimination by showing that she was not provided reasonable accommodation (unless the accommodation would have posed an undue hardship on the employer) and … Here Plaintiff has not established that she was a qualified individual with a disability entitled to the reasonable accommodation of reassignment.

Lage v. Ocwen Loan Servicing LLC

145 F. Supp. 3d 1172 · District Court, S.D. Florida · Nov 19, 2015

On September 4, 2014, Plaintiffs sent Ocwen a Qualified Written Request/Notice of Error, notifying Ocwen that it failed to comply with 12 C.F.R. § 1024.41 “and specifically invoking the error resolution procedures established … These statements clearly demonstrate the non-pecuniary harm suffered by Plaintiffs.

Abraham v. United States

477 F. Supp. 2d 1232 · District Court, S.D. Florida · Mar 12, 2007

The statute clearly states that prior convictions which would otherwise qualify as . serious violent felonies under § 3559(C)(2)(F)(ii) can be challenged under § 355 9(c)(3)(A)(I). … still must establish that he was prejudiced by counsel’s failure to do so.

United States v. Hoffa

205 F. Supp. 710 · District Court, S.D. Florida · May 23, 1962

This is equally applicable to the facts established in the instant case. … Clearly the two are not identical and represent two distinct crimes.