Case law

Haitian Refugee Center, Inc. v. Nelson

694 F. Supp. 864 · District Court, S.D. Florida · Aug 22, 1988

On May 1, 1987, the INS issued regulations allowing applicants to establish qualifying employment by submitting affidavits of growers, foremen, farm labor contractors, and fellow employees. 14 The regulations require the … When the program concludes on November 30, 1988, the chance to qualify under the program is gone.

Person v. Florida Department of Financial Services

District Court, S.D. Florida · Jun 16, 2021

Additionally, the Plaintiff was asked to pay a fee, which he claims was extortion because he was qualified for the license. … The Defendants request that the Court dismiss the complaint with prejudice because any amendment would be futile because the Defendants are shielded by Eleventh Amendment immunity and qualified immunity.

Federal Trade Commission v. Garden of Life, Inc.

845 F. Supp. 2d 1328 · District Court, S.D. Florida · Feb 28, 2012

The statements and written representations made by Grow also qualify as “other evidence” under the Consent Decree because this evidence is based on statements made by the manufacturer who is qualified to evaluate the ingredients … The other subsections of Section One clearly articulate the representations that GOL is prohibited from making, for example, subsection- G enjoins GOL from making representations “[t]hat such product reduces the risk of obesity

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.

Instituto De Prevision Militar v. Lehman Bros., Inc.

485 F. Supp. 2d 1340 · District Court, S.D. Florida · May 25, 2007

Further, even if we assume this action does not qualify as a “covered class action” under 15 U.S.C. § 78bb(f)(5)(B)(i), it does qualify as a “covered class action” under 15 U.S.C. § 78bb(f)(5)(B)(ii). … Therefore, Plaintiff does not qualify for this special exception to SLUSA preemption.

Guerrero v. City of Coral Gables

District Court, S.D. Florida · Jun 24, 2022

on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others … Plaintiff argues that the amendment would be futile because his claims against Izquierdo and Escalona are federal claims for which a state’s qualified immunity statute provides no defense. See ECF No. [73] at 4.

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.

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.

Vincent v. Wells Fargo Guard Services, Inc. of Florida

3 F. Supp. 2d 1405 · District Court, S.D. Florida · Mar 10, 1998

To establish a prima facie case under the ADA, Vincent must show the following: 1) he has a disability, 2) he is a qualified individual and 3) he was discriminated against because of his disability. Pritchard v. … Qualified Individual vs.

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.

United States v. Entin

750 F. Supp. 512 · District Court, S.D. Florida · Oct 26, 1990

The purpose of this document is to provide guidance regarding the amount of private capital needed to qualify for licensing. 5. … Clearly identify any incumbrance or restriction against such deposits; (b).

Palermo v. United States

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

Here, Plaintiff’s claim does not qualify as an informal claim sufficient to waive sovereign immunity. … In Enochs, the Supreme Court established that there is an adequate remedy under these same circumstances, which is a suit for refund. 370 U.S. at 7.

Marcus Johnson v. Palm Beach County Sheriff’s Office, et al.

District Court, S.D. Florida · Oct 17, 2025

Third, “a plaintiff must establish that an officer’s deliberate indifference caused his injury.” Donald v. Norris, 131 F.4th 1255, 1265 (11th Cir. 2025). … 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.

Labady v. Gemini Air Cargo, Inc.

350 F. Supp. 2d 1002 · District Court, S.D. Florida · Nov 22, 2004

The law is clearly established that discrete, time-barred discriminatory actions are not actionable, regardless of how they may relate to actions that were filed in a timely fashion. National Railroad Passenger Corp. v. … Accordingly, Plaintiff cannot establish a genuine issue of material fact concerning whether Brian Keihner was better qualified than Plaintiff. C.

Winter v. Hollingsworth Properties, Inc.

587 F. Supp. 1289 · District Court, S.D. Florida · May 18, 1984

Accordingly, it does not, at this time, see an overwhelming need for establishing national minimum standards of disclosure and protection. … For a transaction to qualify for this exemption, the purchaser must be a person who plans to subsequently sell or lease the lot(s) in the normal course of business.

Brinson v. State of Florida, County of Dade

273 F. Supp. 840 · District Court, S.D. Florida · Sep 20, 1967

In federal practice, the distinction between petty offenses and all other crimes, as applied to right to counsel, is well established. … However, that right is qualified by practical exigencies.

Ortega Trujillo v. Banco Central Del Ecuador

17 F. Supp. 2d 1334 · District Court, S.D. Florida · Jul 29, 1998

False, intentionally misleading or defamatory publications have “no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly … Thus, the Complaint alleges the Press Release to be a non-media, partisan attack which misconstrued government action, rather than, a neutral media report of government-disseminated information. 3 If this is established at

Bentley v. Bank of America, N.A.

773 F. Supp. 2d 1367 · District Court, S.D. Florida · Mar 23, 2011

Instead, the Complaint clearly establishes that neither Defendants are “debt collectors” as contemplated by the statute which explicitly excludes mortgage servicing companies where the debt was not in default at the time … As explained above, Plaintiff clearly had an established business relationship with Defendants' — borrower and loan servicers — -at the time the calls were commenced in 2010.

United States v. Hoffa

196 F. Supp. 25 · District Court, S.D. Florida · Jul 12, 1961

But it does mean that prospective jurors shall be selected by court officials without systematic and intentional exclusion of any of these groups * * * “Moreover, the general principles underlying proper jury selection clearly … the democratic ideal reflected in the processes of our courts. *31 “ * * * the grand jury was likewise drawn from a panel improperly chosen and therefore the indictment was not returned in accordance with the procedure established

Krecht v. United States

846 F. Supp. 2d 1268 · District Court, S.D. Florida · Feb 14, 2012

Initially, Krecht’s counsel stated in his objections to the PSI that Krecht qualified for a reduced sentenced under the safety valve. … While the record establishes that Krecht did provide some information, Krecht has not yet sufficiently established that he provided all the information he had about the offense before sentencing.