Case law

Kavanaugh v. Miami-Dade County

775 F. Supp. 2d 1361 · District Court, S.D. Florida · Mar 28, 2011

According to Plaintiff, the hostile work environment qualified as an adverse action for purposes of establishing a prima facie case of retaliation. … As such, the shift transfer does not qualify as an adverse action. See Barnhart v.

State Farm Mutual Automobile Insurance Co. v. First Care Solution, Inc.

232 F. Supp. 3d 1257 · District Court, S.D. Florida · Jan 26, 2017

The admitted facts do demonstrate, however, that Ruiz was the true owner of First Care; he clearly satisfies each of the above-listed factors that both Yoryana and Romano failed to satisfy. … Because First Care did not qualify for this exemption, and because it did not otherwise have a license during its operation, State Farm has also established that Ruiz unlawfully operated First *1268 Care and any treatment

Early

District Court, S.D. Florida · Dec 6, 2019

The individual Defendants argue that they are entitled to qualified immunity. (ECF No. 50 at 18.) … “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Davis v. Metropolitan Dade County

480 F. Supp. 679 · District Court, S.D. Florida · Nov 14, 1979

The bi-weekly evaluations clearly demonstrate that the Fire College staff consistently found Davis to be an acceptable employee. … The Court also concludes that the evidence clearly shows that the reasons articulated by the Defendants were a pretext to discriminate against the Plaintiff based on his race.

Schmidt

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

“Unlike the absolute privilege, the qualified litigation privilege is a defense to liability that applies only upon the jury’s finding of certain facts.” Ibid. … No binding (or even persuasive) authority has clearly defined what it means for conduct to be “related to” a judicial proceeding—other than the Florida First District Court of Appeal’s observation that courts don’t “impose

Fed. Trade Comm'n v. Simple Health Plans LLC

379 F. Supp. 3d 1346 · District Court, S.D. Florida · May 14, 2019

Deceptive Acts and Practices To establish that an act or practice is deceptive under Section 5(a) of the FTC Act, "the FTC must establish that (1) there was a representation, (2) the representation was likely to mislead customers … The record clearly reflects a continued need for the Receiver in this action to preserve assets and maintain the status quo.

Johnston v. Henderson

144 F. Supp. 2d 1341 · District Court, S.D. Florida · May 1, 2001

This clearly does not and cannot qualify as a request for accommodation. See Willis v. … This clearly does not and cannot qualify as a request for accommodation.

Estate of Cabello v. Fernandez-Larios

157 F. Supp. 2d 1345 · District Court, S.D. Florida · Aug 10, 2001

At the time the Motion for Summary Judgment was filed, no discovery deadlines were established. … Pursuant to this principle, the Supreme Court applies “this time-honored presumption unless Congress has clearly manifested its intent to the contrary.”

Metsch v. United States

381 F. Supp. 484 · District Court, S.D. Florida · Jul 31, 1974

Judge Simpson considered the plaintiff qualified for appointment initially to the position of Senior Law Clerk based on his education and experience. … statement issued on August 27, 1971, which described the policy of the Administrative Office during the freeze on *486 wages and prices required by Executive Order 11615 1 as follows: 1) Promotions to a higher graded previously established

Sunbeam Television Corp. v. Nielsen Media Research, Inc.

763 F. Supp. 2d 1341 · District Court, S.D. Florida · Jan 13, 2011

Arbitron There is clearly a material factual dispute about whether Arbitron is able to enter the local television ratings market. … This precarious position does not mean that Nielsen should be immune from some suit.

Edwards v. Prudential Insurance Co. of America

213 F. Supp. 2d 1376 · District Court, S.D. Florida · Jul 16, 2002

FEA also notifies Prudential of who qualifies for participation in the Plan. … Dillingham, 688 F.2d 1367 (11th Cir.1982), the appellate court, sitting en banc, held that to qualify as a welfare plan possibly subject to ERISA, there must be “(1) a ‘plan, fund, or program’ (2) established or maintained

Breslow v. Wells Fargo Bank, N.A.

857 F. Supp. 2d 1316 · District Court, S.D. Florida · Apr 26, 2012

Based on the ruling and regulation, the Court found that the defendant had an established business relationship with the debtor, the intended recipient of its calls. … This use of “called party” clearly refers to the actual recipient of the call rather than the intended recipient. “[T]here is a presumption that a given term is used to mean the same thing throughout a statute.”

Island Silver & Spice, Inc. v. Islamorada, Village of Islands

475 F. Supp. 2d 1281 · District Court, S.D. Florida · Feb 28, 2007

. § 1983 action for violations of Equal Protection, the Privileges or Immunities Clause of the Fourteenth Amendment, as well as discrimination under the Commerce Clause and Invalid Zoning. … The ordinance allows new, non-conforming chain stores, such as the CVS, to be established, which clearly interfere with any attempt to develop a small town character. (Evid. Stip. at 4-5).

Brooks v. Henry

District Court, S.D. Florida · Apr 8, 2020

, statutory immunity, lack of pre-suit notice, the Rooker-Feldman doctrine, Younger abstention, qualified immunity, or sovereign immunity. … to establish diversity for a natural person.”). Considering these standards, Plaintiff’s allegation regarding the parties’ residences are insufficient to establish diversity jurisdiction.

Ofer

District Court, S.D. Florida · Jan 26, 2026

Defendant argues that absent a clearly evidenced waiver of immunity in the statutory language, the federal government cannot be sued, and the Court lacks subject matter jurisdiction over Plaintiff’s Title … “Sovereign immunity is jurisdictional in nature.

Matos Rodriguez v. Pan American Health Organization

District Court, S.D. Florida · Apr 3, 2020

The parties do not dispute that PAHO qualifies as an international organization under the IOIA, nor that the IOIA governs PAHO’s immunity from suit.3 The initial dispute is, instead, over whether the IOIA’s textual … Under Plaintiffs’ argument, where venue is proper comes into play only after jurisdiction has been established—in other words, after the Court has determined that one of FSIA’s specified exceptions to immunity applies

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

969 F. Supp. 727 · District Court, S.D. Florida · Jul 3, 1997

We always had women that were qualified women.... … Clearly, what prevailed at Joe’s, albeit not mandated by written policy or verbal direction, was the ethos that female food servers were not to be hired. 8.

Gov't Emps. Ins. Co. v. Quality Diagnostic Health Care, Inc.

369 F. Supp. 3d 1292 · District Court, S.D. Florida · Feb 25, 2019

) than whether a bill for medical services qualifies specifically as a lawful PIP charge. … Roberts , 323 F.3d 950 , 953 (11th Cir. 2003) (finding that a law is "clearly established" by precedents of the Supreme Court, the Eleventh Circuit, or "the highest court of the state in which the case arose"); McMahan ,

Paulk v. Benson

District Court, S.D. Florida · Apr 27, 2022

However, while arresting an individual without probable cause is improper, the arresting officer is still entitled to qualified immunity if he or she had “arguable probable cause” to arrest the defendant. … Curtis, 21 F.3d 1544, 1554 (11th Cir. 1994) (holding that an officer is entitled to qualified immunity unless “a reasonable police officer would have known that [the witness’s] testimony was not just negligently false,

Lawrence v. Metro-Dade Police Department

872 F. Supp. 950 · District Court, S.D. Florida · Oct 5, 1993

The uncontroverted evidence clearly demonstrates Plaintiff was capable of performing most of the duties of her employment. … Southwestern Bell Telephone Co., 659 F.Supp. 1328 (S.D.Tex.1987) ("after establishing that [s]he is handicapped, plaintiff must establish that [s]he is a 'qualified handicapped individual’ ”) (emphasis added). 3 .