Case law

Adelman v. Boy Scouts of America

276 F.R.D. 681 · District Court, S.D. Florida · Aug 19, 2011

But that argument is not persuasive, because (among other reasons) it would severely undermine the well-established scope of discovery. … These emails are clearly relevant, especially on the issues of potential bias and credibility. Behler v.

Seminole Tribe v. Florida

49 F. Supp. 3d 1095 · District Court, S.D. Florida · Sep 5, 2014

To ignore these regulations would be contrary to well-established precedent. 3. … City of Pensacola, 108 Fla. 480 , 146 So. 654, 655 (1933) (holding that a tax on the purchase of electricity is “clearly an excise tax”).

Cross v. Johnson

District Court, S.D. Florida · Oct 4, 2024

After reviewing the arguments from the parties and the above facts, I found that Cross’ § 1983 false arrest claim failed because Johnson had probable cause – and (for purposes of considering a qualified immunity defense … for qualified immunity was completely unnecessary.

Baptiste v. Bourland

District Court, S.D. Florida · Mar 7, 2022

.~ Plaintiff must clearly write the name of each Defendant who is a party to this action and specify which Defendant is responsible for each act or omission that forms the basis of her claims. See Weiland v. … Factual detail in the pleadings is particularly necessary in cases involving qualified immunity, where the Court must determine whether a defendant’s actions violated a clearly established right, GJR Investments, 132

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

Watkins v. Sergeant M. Bigwood

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

Here, the Individual Defendants have asserted qualified immunity as an affirmative defense in their answer to the Third Amended Complaint, and their claims of qualified immunity have yet to be determined. … “Once a defendant raises the qualified immunity defense, ‘the trial court must exercise its discretion in a way that protects the substance of the qualified immunity defense [and] so that officials are not subjected to

Galstaldi v. Sunvest Communities USA, LLC

256 F.R.D. 673 · District Court, S.D. Florida · Feb 17, 2009

ANALYSIS The parties agree that CAFA establishes federal jurisdiction and the consequent removal from state court of “mass actions.” … The sale of a product to different people does not qualify as an event. S. Rep. 109-14, at 47, as reprinted in 2005 U.S.C.C.A.N. 3, at 44.

Edgecombe v. Lowes Home Ctrs., L.L.C.

391 F. Supp. 3d 1142 · District Court, S.D. Florida · Jul 12, 2019

("Lowes"), a citizen of North Carolina qualified to do business in Florida, and Paul Laurent ("Laurent"), a citizen of Florida [DE 1-1]. … Gen. re Florida Minimum Wage Amendment, 880 So.2d 636 , 641-642 (Fla. 2004) (noting that "the amendment clearly state[s] that employees covered under federal minimum wage will be the same employees covered under the state

Eckert v. United States

232 F. Supp. 2d 1312 · District Court, S.D. Florida · Jul 29, 2002

“The cases clearly indicate that recover[y] under the Jones Act is predicated upon establishing an employer-employee relationship.” *1317 Francis v. Pan Am. Trinidad Oil Co., 59 F.R.D. 631, 635 (D.Del.1973). … Eckert clearly confirmed that he was not an employee of the United States government.

Sennello v. Reserve Life Insurance

667 F. Supp. 1498 · District Court, S.D. Florida · Aug 24, 1987

Plaintiff in the present case, Gendra Sennello, has clearly introduced direct evidence which establishes that Reserve Life exhibited discriminatory animus toward her as a woman in management, and toward female managers in … Their applicability to the case at bar, however, has been clearly established by the Supreme Court, which has declared that the back pay provision of Title VII, § 706(g), was ‘“expressly modeled’ ” on the analogous remedial

Palm Beach County Environmental Coalition v. Florida

651 F. Supp. 2d 1328 · District Court, S.D. Florida · Jul 27, 2009

Further, state’s sovereign immunity under the Eleventh Amendment is not absolute; states are not immune from suit if circumstances indicate consent, congressional abrogation of immunity, or legal fiction of Ex Parte Young … Plaintiffs have not articulated any exception to sovereign immunity that applies in this case, therefore sovereign immunity bars Plaintiffs’ claims. C.

Hesterly v. Royal Caribbean Cruises, Ltd.

515 F. Supp. 2d 1278 · District Court, S.D. Florida · Aug 6, 2007

The established admiralty case law holds that if a carrier chooses to employ a shipboard doctor and then breaches its duty to hire a competent and duly qualified doctor, “it is responsible for its own negligence.” … As such, Hesterly’s argument that Royal Caribbean is as a medical care provider is clearly without merit.

Harris v. Miami-Dade County

District Court, S.D. Florida · Aug 10, 2022

Defendants claim that Detective Coto is entitled to qualified immunity. Courts apply a two-part test to determine whether a government official is entitled to qualified immunity. Harbert Int’l v. … Next, the burden shifts to the plaintiff to show that the government official’s conduct violated a clearly established statutory or constitutional right. Id.

Mont-Ros v. City of West Miami

111 F. Supp. 2d 1338 · District Court, S.D. Florida · Jul 11, 2000

Plaintiffs Prima Facie Case Under the ADA A prima facie case of employment discrimination based on a disability under the ADA is established by demonstrating that Mont-Ros: (1) has a disability; (2) is qualified, with or … Clearly by the evidence articulated, the City has met its burden of coming forth with legitimate, nondiscriminatory reasons for the alleged adverse actions.

Cendan v. Trujillo

District Court, S.D. Florida · Oct 20, 2020

Chapman to characterize the Officers’ conduct as deadly force because there is no clearly established law in the Eleventh Circuit on whether strikes to the head meet this threshold. … This means that, even if qualified immunity attached to actions taken before the Officers arrested Mr.

Do Restaurants, Inc. v. Aspen Specialty Insurance

984 F. Supp. 2d 1342 · District Court, S.D. Florida · Nov 26, 2013

Café Maxx claims that Aspen failed to establish by a preponderance of evidence that the amount in controversy exceeds $75,000. … The evidence provided must establish by a preponderance of the evidence that the attorney’s fees are not speculative, however the evidence does not need “to establish the amount in controversy beyond all doubt or banish all

Gonzalez v. Florida Department of Management Services

124 F. Supp. 3d 1317 · District Court, S.D. Florida · Aug 25, 2015

3) he was qualified for the-position held; (4) and he was replaced or treated less favorably than someone similarly situated outside of his protected class.” … Therefore, despite Plaintiffs arguments that he was qualified for the job and that he consistently received great reviews from his prior supervisor, Mr.

Weiner v. Flyer Publishing Co.

945 F. Supp. 1559 · District Court, S.D. Florida · Oct 11, 1996

Weiner had established a prima facie case of pregnancy discrimination. … Nevertheless the Court found that she has established a prima facie case of discrimination.

Greyhound Corporation v. Boire

205 F. Supp. 686 · District Court, S.D. Florida · Jun 11, 1962

Representation orders of the Board have not been vested with complete immunity from injunction, either by inferences from the National Labor Relations Act or on the principle of Myers v. … Kyne, supra) or by acting clearly contrary to the over-all spirit of the Act and the manifested intention of Congress (see Empresa Hondurena de Vapores v.

Golden Door Jewelry Creations, Inc. v. Lloyds Underwriters Non-Marine Ass'n

865 F. Supp. 1516 · District Court, S.D. Florida · Oct 17, 1994

The ethical opinion clearly did not contemplate the matters of law involved in this particular action. 2. … Lloyds paid Wenzler $15,000.00 on September 12, 1984 for his intermediary services, which included arranging for Ed Hollock to be contacted, paid, carry out assignments, give depositions and granted immunity.