Case law

Blount-Yeye v. CITY OF HIALEAH

District Court, S.D. Florida · Aug 15, 2025

corpse and the EMTs are entitled to qualified immunity (see generally Mot).3 As noted, Plaintiff opposes dismissal of each claim except Counts I and II, which she agrees to dismiss in part and in whole, respectively. … Compl.); see Iqbal, 556 U.S. at 679 (citation omitted), dismissal is required.5, 6 5 Given the vague nature of Plaintiff’s allegations, the Court does not reach Defendant’s qualified-immunity arguments.

Terry v. Carnival Corp.

275 F. Supp. 3d 1323 · District Court, S.D. Florida · Aug 10, 2017

The Plaintiff asserts that the Complaint clearly ■ alleges joint control and right of control, and the allegations exceed those required to sufficiently allege joint control. … Id. at 213 (affirming, the finding of joint venture where the facts established some factors clearly, but others “only vaguely, if at all.”)

Republic of Panama v. Air Panama Internacional, S.A.

745 F. Supp. 669 · District Court, S.D. Florida · Jun 14, 1988

Jurisdiction in this case is predicated upon the existence of a federal question and the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-1610 . See Verlinden B. V. v. … First, movants ask this Court to take action which is clearly beyond its jurisdiction.

Doe v. Fenix International Limited

District Court, S.D. Florida · Jan 29, 2025

Plaintiff emphasizes do not plausibly establish that Fenix materially contributed to the illegality of the content.” … It would be one thing, for instance, if Fenix singled out Romelus’s account and specially made “captions, video and content summaries, new animations, and/or new video thumbnails” for him, but the SAC clearly alleges that

Rodriguez v. United States

983 F. Supp. 1445 · District Court, S.D. Florida · Sep 17, 1997

In order to qualify, individuals must show that they have minimal assets and income. 5 Anyone who qualifies for SSI benefits automatically qualifies for food stamp benefits. 7 U.S.C. § 2014 (a). … However, Congress must clearly indicate its intent to do so.

United States v. Spiwak (In Re Spiwak)

285 B.R. 744 · District Court, S.D. Florida · Jun 11, 2002

Appellant asserts that under the doctrine of collateral estoppel, the issue of Spiwak’s fraudulent transaction has been established and cannot be relitigated. … The Eleventh Circuit, in In re Haas, 48 F.3d 1153 (11th Cir.1995) found that a knowing failure to discharge one’s tax obligations does not qualify as a willful attempt “in any manner to evade or defeat such tax” pursuant

Forbes v. ST. THOMAS UNIVERSITY, INC.

768 F. Supp. 2d 1222 · District Court, S.D. Florida · Sep 30, 2010

Clearly, Forbes’s alleged PTSD-related problems limit her abilities both inside and outside the exam room. … Notably, Title III does not contain the phrase "otherwise qualified” or "qualified individual.”

Bishop v. Harper

District Court, S.D. Florida · Jun 11, 2025

Based on the foregoing, and having carefully reviewed the entire Complaint, the claim against Judge Harper is clearly barred by the doctrine of judicial immunity. … However, these vague, bare-bones allegations are lacking sufficient facts to establish constitutionally inadequate process.

Cellermaster Wines, Inc. v. Chastain

530 F. Supp. 714 · District Court, S.D. Florida · Jan 25, 1982

Such allegations give this Court jurisdiction to determine whether the complaint states a claim upon which relief can be granted for the “deprivation ... of any rights, privileges, or immunities secured by the Constitution … Colonnade does not establish a rule that violation of a search and inspection statute constitutes a fourth amendment violation.

Alejandro v. Palm Beach State College

843 F. Supp. 2d 1263 · District Court, S.D. Florida · Nov 8, 2011

Injunctive relief “is an extraordinary and drastic remedy not to be granted unless the movant clearly established the ‘burden of persuasion’ as to all four elements.” Davidoff & CIE, SA v. … A public entity “may make two inquiries to determine whether an animal qualifies as a service animal.

Reese v. JPMorgan Chase & Co.

686 F. Supp. 2d 1291 · District Court, S.D. Florida · Oct 15, 2009

First, Plaintiff has not established that she is a borrower of a “high cost” home loan. Thus, even if Davis created such a common law cause of action, Plaintiff would not qualify for it. Id. … . *1306 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 requisites.” See McDonald’s Corp. v.

In Re Terazosin Hydrochloride Antitrust Litigation

164 F. Supp. 2d 1340 · District Court, S.D. Florida · Dec 13, 2000

The Defenses Offered by Defendants are Invalid The defendants claim immunity from the per se rule on several grounds. … The Sherman Act “establishes one uniform rule applicable to all industries alike.” Socony-Vacuum Oil Co., 310 U.S. at 222 , 60 S.Ct. 811 .

Gong v. Kirk

278 F. Supp. 133 · District Court, S.D. Florida · Aug 2, 1967

At-large elections, though clearly meeting the one-man one-vote mandate, are not in the best interest of the' citi2iens of this state. … The cost of campaigning state-wide every two years for a congressional office would be prohibitive for many qualified candidates.

Johnson v. Bush

214 F. Supp. 2d 1333 · District Court, S.D. Florida · Jul 18, 2002

It concluded that a state may constitutionally exclude from the franchise persons otherwise qualified to vote who have been convicted of a felony. … However, the Court finds that the record surrounding the re-enactment of Florida’s felony disenfranchisement provision in 1968 clearly indicates that significant deliberations and substantive changes were made by the Florida

Amateur-Wholesale Electronics v. RL DRAKE COMPANY

515 F. Supp. 580 · District Court, S.D. Florida · Jun 3, 1981

An analysis of Drake Company’s alleged transaction of business in this district, even under the most liberal interpretation of 15 U.S.C.A. § 22 , precludes this district from qualifying as a place of proper venue. … It is for this reason that Importer has established standards which prospective dealers must meet.

Montgomery & Larmoyeux v. Philip Morris, Inc.

992 F. Supp. 1372 · District Court, S.D. Florida · Jan 14, 1998

Relying on the doctrine of fraudulent joinder, defendants argue that the case should not be remanded to state court because there is no possibility that plaintiff can establish a cause of action against Maher for tortious … Here the existence of a contract is not in dispute; it is a concrete contingent-fee contract which clearly sets forth the parties’ rights and obligations.

Smith Ex Rel. Smith v. Benson

703 F. Supp. 2d 1262 · District Court, S.D. Florida · Jan 28, 2010

Ofir clearly answered in the affirmative. [See DE 69, Ofir Depo. Tr., pp. 20:18-25, 26: 14-16.] … Irreparable Harm Plaintiff similarly has established irreparable harm.

Robertson v. Home Depot (U.S.A.), Inc.

976 F. Supp. 1467 · District Court, S.D. Florida · Aug 13, 1997

Under McDonnell Douglas, a plaintiff establishes a prima facie case of race discrimination under Title VII by showing: (i) that plaintiff belongs to a protected class, (ii) that plaintiff applied and was qualified for a job … Robertson meets the “qualified” prong to make a prima facie case. If the August 6, 1995 incident is considered, Mr. Robertson cannot be said to be “qualified.”

Byrd, PhD v. Florida International University

District Court, S.D. Florida · Jul 14, 2025

Counts I and II: Discrimination on the Basis of Race and National Origin1 In the absence of direct evidence of discrimination,2 the Court applies the burden-shifting framework established by the Supreme Court in McDonnell … Nov. 17, 2021) (“[A] dismissal based on Eleventh Amendment immunity is without prejudice.”); Arslan, 2025 WL 346950, at *3 (dismissing claims on Eleventh Amendment immunity grounds without prejudice).

Colomar v. Mercy Hospital, Inc.

242 F.R.D. 671 · District Court, S.D. Florida · Apr 11, 2007

At the time of her admission to Mercy, Plaintiff was uninsured and did not qualify for Medicaid or other assistance programs. SAC HH 5, 41. … Bush, 221 F.3d 1266 , 1279 (11th Cir.2000). 4 In addition, Rule 23 implicitly requires that “the class sought to be represented must be adequately defined and clearly ascertainable.” Adair v.