Case law

Saintcy v. Florida Department of Revenue Child Support Program

District Court, S.D. Florida · Sep 23, 2024

With regard to Saintcy’s second objection, the undersigned agrees with the Magistrate Judge that the Ex parte Young doctrine does not apply here to provide an exception to immunity. … As to Count 1, the officials in question are entitled to qualified immunity on the facts as alleged by Saintcy. Jones v. Fransen, 857 F.3d 843, 851 (11th Cir. 2017).

Overseas Private Investment Corp. v. Metropolitan Dade County

826 F. Supp. 1564 · District Court, S.D. Florida · May 27, 1993

The evidence established that several of these debts have been extinguished. … In the present case, Plaintiffs clearly allege that Dade County breached its contract with Taino farms through its own actions.

Legg v. Voice Media Group, Inc.

20 F. Supp. 3d 1370 · District Court, S.D. Florida · May 16, 2014

Legg Has Failed to Establish that VMG’s Text Messages Were Sent Using an ATDS To succeed on his TCPA claims, Legg must establish that VMG’s text messages were sent using an ATDS. … In that Order, the FCC clearly expressed that an ATDS is defined by “the capacity to dial numbers without human intervention,” for example by calling numbers stored in a database. 18 FCC Red. at 14091-93.

Bernstein v. Sephora, Div. of DFS Group LP

182 F. Supp. 2d 1214 · District Court, S.D. Florida · Jan 11, 2002

Establishing a prima facie case of discrimination is not onerous, see Crapp v. … Bernstein is not required to show that she is more qualified than Ms.

Florida Ex Rel. Westinghouse Electric Supply Co. v. Wesley Construction Co.

316 F. Supp. 490 · District Court, S.D. Florida · Jul 15, 1970

A cursory inspection clearly indicates that the inclusion of these articles was for the exclusive purpose of protecting FP & L against claims of lien under the Mechanic’s Lien Law. … WESCO can’t qualify thereunder. It has been heretofore stipulated that the general rules of suretyship in Florida are applicable to this cause.

United States v. Hill

480 F. Supp. 1223 · District Court, S.D. Florida · Nov 30, 1979

that the facts in this case pass the threshold established. … Evans is met and that there has in fact been established a substantial failure to comply with the aforesaid Act and the aforesaid plan. B.

Bochner v. Martin County

District Court, S.D. Florida · Jan 31, 2020

Duke, 766 F.3d 1262, 1269-70 (11th Cir. 2014) (explaining that qualified immunity does not “immunize officers who use excessive and gratuitous force after a suspect has been subdued, is not resisting, and poses no threat … See generally DE 238 (lacking any reference to qualified immunity).

Saridakis v. South Broward Hospital District

681 F. Supp. 2d 1338 · District Court, S.D. Florida · Dec 28, 2009

The Eleventh Circuit also recognizes service for an extended period without complaint to establish that an individual is qualified for a position. Baker v. … An employee’s complaint must clearly put an employer on notice of a violation of law.” (Defendant’s Mot. at 7-8) (emphasis in original).

Tuma v. Dade County Public Schools

989 F. Supp. 1471 · District Court, S.D. Florida · Jan 6, 1998

The Supreme Court has specifically held that Title VII claims are not immune from the strictures of section 1738. … The ALJ rejected this contention by concluding that the School Board’s allegations of gross insubordination were proven clearly and convincingly. The Third DCA affirmed this conclusion.

State Farm Mut. Auto. Ins. Co. v. Performance Orthapaedics & Neurosurgery, LLC

315 F. Supp. 3d 1291 · District Court, S.D. Florida · May 9, 2018

State Farm argues that "split fee" arrangements are clearly in contravention of *1304 public policy, as evidenced by the Patient Brokering, Anti-Kickback, and Anti-Rebate Statutes. … It is clear from the record that Calhoun qualifies as a clinic. b. Did Calhoun Qualify for the Wholly Owned Exemption?

Carper v. TWC SERVICES, INC.

820 F. Supp. 2d 1339 · District Court, S.D. Florida · Oct 7, 2011

DISABILITY DISCRIMINATION To establish a prima facie case of disability discrimination under the ADA, a plaintiff must show that: (1) he has a disability; (2) he is a qualified individual; and (3) he was subjected to unlawful … Clearly, neither of the two doctor’s notes mentioned above support the view that Plaintiffs impairment, although requiring surgery, is “substantially limiting” as that term is defined in the Act.

Humphrey v. Potter

162 F. Supp. 2d 1354 · District Court, S.D. Florida · Sep 14, 2001

To establish a prima facie case of discriminatory failure to promote, a plaintiff must prove: “(1) that [s]he is a member of a protected class; (2) that [s]he was qualified for and applied for the promotion; (3) that [s]he … But Humphrey contends that she was clearly more qualified than Avello according to the following criteria: 13 • Seniority — Humphrey had worked for the Postal Service for 14lé years; Avello had worked for the Postal Service

Florida Panthers Hockey Club, Ltd. Ex Rel. Florida Panthers Hockey Club, Inc. v. Miami Sports & Exhibition Authority

939 F. Supp. 855 · District Court, S.D. Florida · Aug 23, 1996

However, the standard for MSEA approval is clearly defined in and limited under the Miami Arena Contract. … MSEA has filed a motion to dismiss the Pan-filers' antitrust counts on the basis of antitrust *857 immunity.

Sanchez-Knutson v. Ford Motor Co.

181 F. Supp. 3d 988 · District Court, S.D. Florida · Apr 6, 2016

When determining whether a party has met its burden, “[a] trial judge has ‘considerable leeway’ in deciding how to determine when a particular expert’s testimony is reliable and how to establish reliability.” … Penney clearly states his expert opinion that exposure to CO greater than the WHO and EPA standards inside a 2011-2015 Explorer produces an unacceptable level of risk of health harm. Id. at p. 11 at ¶¶7-9.

Gaston v. Home Depot USA, Inc.

129 F. Supp. 2d 1355 · District Court, S.D. Florida · Feb 2, 2001

However, in a recent Eleventh Circuit case discussing qualified immunity on a § 1981 claim, Bishop v. … However, in light of the subsequent division in lower courts, we cannot say that Patterson so clearly established the law as to strip Avera [Plaintiffs supervisor] of qualified immunity. Bishop, 177 F.3d at 1236 n. 6.

Diaz v. Pan American World Airways, Inc.

346 F. Supp. 1301 · District Court, S.D. Florida · Aug 10, 1972

The time provision which controls the establishment of the group entitled to preferential treatment is set forth in Sections 706(d) and (e) of the Act. … It has also been stipulated that such findings and conclusions shall be final and binding upon the parties to this action except where the findings are clearly erroneous.

Organized Fishermen of Florida v. Watt

590 F. Supp. 805 · District Court, S.D. Florida · Jul 6, 1984

The courts should neither substitute their judgment for that of the agency nor rewrite an agency’s regulations by reading requirements into statutes which are not clearly there. … , and to establish the other fishing limitations.

Lovermi v. Bellsouth Mobility, Inc.

962 F. Supp. 136 · District Court, S.D. Florida · Apr 18, 1997

Plaintiff in the instant case offers no statistical proof, so the Court need not address that method of establishing a prima facie cast. … "[D]is-missal is justified only when the allegations of the complaint itself clearly demonstrate that plaintiff does not have a claim.” 5A Charles A. Wright & Arthur R.

S.O. Beach Corp. v. Great Am. Ins. Co. of N.Y.

305 F. Supp. 3d 1359 · District Court, S.D. Florida · Apr 10, 2018

In Kings Ridge , the record clearly established a single moment when, without preparation or warning, the building's ceiling fell twelve inches. … That distinction proves fatal to Plaintiffs' position that gradual deterioration may qualify as a collapse.

Microsoft Corp. v. Big Boy Distribution LLC

589 F. Supp. 2d 1308 · District Court, S.D. Florida · Dec 3, 2008

qualified students and not to the general public. … Microsoft now seeks partial summary judgment establishing Big Boys’ liability on these claims.