Case law

Diaz v. Pan American World Airways, Inc.

311 F. Supp. 559 · District Court, S.D. Florida · Apr 8, 1970

At the same time, the demands of the military services made it more difficult to find qualified males. … Despite its best efforts to select the most qualified and motivated individual stewards and stewardesses, Pan Am had found that of the thousands it had hired over the years, the males generally proved to be not as well qualified

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.

Hart v. LINDGREN-PITMAN, INC.

576 F. Supp. 2d 1349 · District Court, S.D. Florida · Dec 3, 2007

The Labor Department regulations clearly state that such supervised individuals must be full-time employees. 29 C.F.R. § 541.104 (a) (2007). … These instances, if any, are not sufficient to qualify Plaintiffs duties for the Section 7(f) exemption.

Buzzi v. Gomez

62 F. Supp. 2d 1344 · District Court, S.D. Florida · Feb 12, 1999

Alvarez, now the Director of Police Services, was dismissed from that suit on the basis of qualified immunity. However, the County remains exposed to liability for, at least, Gomez’s allegedly unlawful conduct. … As a Hispanic, Gomez is a member of a minority who qualified for the program.

Town of Indian River Shores v. City of Vero Beach

District Court, S.D. Florida · Aug 23, 2022

Accordingly, the City’s alleged anticompetitive conduct based on the 1989 Agreement was not clearly authorized by the state of Florida sufficient to pass the “clear articulation requirement” for state action immunity from … In sum, taking Plaintiff’s allegations as true, Plaintiff has adequately alleged that the 1989 Agreement qualifies as a per se antitrust violation.

Johnson v. Royal Caribbean Cruises, Ltd.

802 F. Supp. 2d 1316 · District Court, S.D. Florida · Mar 18, 2011

The burden then shifts to the party opposing the motion, who must set forth specific facts and establish the essential elements of the case on which it will bear the burden of proof at trial. Celotex Corp. v. … This argument, however, ignores the policy rationale behind the statute, which is that common carriers should not be able to secure immunity from liability for their own negligence in providing transportation and other essential

Rectory Park, L.C. v. City of Delray Beach

208 F. Supp. 2d 1320 · District Court, S.D. Florida · May 7, 2002

In addition, “[t]he void-for-vagueness doctrine typically applies where a statute prohibits conduct without clearly defining that conduct.” Id. (citing City of Mesquite v. … The ordinance’s requirement that “[t]hese standards shall apply to all applications” (emphasis added) clearly establishes the mandatory nature of the performance standards.

Grimes v. Rott

District Court, S.D. Florida · Feb 4, 2020

Defendants argued, among other things, that they were entitled to qualified immunity because, assuming that the Defendants struck Grimes, his injuries were de minimis. … Of course, “the right to make an arrest | The qualified immunity analysis is the same, regardless of whether a plaintiff files suit under 42 U.S.C. § 1983 or, as here, pursuant to Bivens. See Wilson v.

Hernandez v. Metro-Dade County

992 F. Supp. 1365 · District Court, S.D. Florida · May 7, 1997

As an affirmative defense, [T]he burden is upon the defendant to establish the existence of probable cause in order to successfully assert this defense. … Ct.App.), rev. denied, 554 So.2d 1167 (1989) argues that the doctrine of sovereign immunity protects it from liability for “negligent arrest.”

Brown v. SCI Funeral Services of Florida, Inc.

212 F.R.D. 602 · District Court, S.D. Florida · Jan 15, 2003

For their part, Plaintiffs agree that individual evidence of detrimental reliance is required if a plaintiff is seeking to establish entitlement to actual damages. Turner v. … The Turner decision clearly holds that reliance is not a necessary element for a statutory damage claim. Id. at 1028 .

In Re Bestline Products Securities & Antitrust Litigation

412 F. Supp. 732 · District Court, S.D. Florida · Mar 19, 1976

Immediately under the Vice President, and directly responsible to him, Bestline established the position of Assistant Vice President. … The Local Distributor qualified as such by paying $5 annual association dues. No product purchase was required. 11 .

Chiles v. United States

874 F. Supp. 1334 · District Court, S.D. Florida · Dec 20, 1994

from suit and have not waived their sovereign immunity. … It is well established that the Executive Branch, and therefore the United States Attorney, has exclusive authority and absolute discretion to decide whether to prosecute a case. United States v.

S.R. v. United States

555 F. Supp. 2d 1350 · District Court, S.D. Florida · May 27, 2008

See Phillips, 260 F.3d at 1318 (“It is well established that the FTCA is a specific waiver of the sovereign immunity of the United States and must be strictly construed.”) … The first element of this test is clearly satisfied as the issue addressed in this Order presents a controlling question of law.

Duke v. Smith

784 F. Supp. 865 · District Court, S.D. Florida · Jan 30, 1992

The two criteria used by the Democrat members were (1) whether the prospective candidate had qualified for federal matching funds and (2) whether the prospective candidate is generally recognized on a national level. … The reference to ambiguities in the statute clearly revolves around whether a meeting of the Selection Committee could occur in the absence of any member.

Feldman v. Jackson Memorial Hospital

571 F. Supp. 1000 · District Court, S.D. Florida · Sep 19, 1983

Feldman likewise failed to establish a case for an attempted monopoly against any defendant. … State Action Immunity. The defendant-public hospitals have raised the state action exemption of Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1942).

Beale v. Biomet, Inc.

492 F. Supp. 2d 1360 · District Court, S.D. Florida · Jun 15, 2007

Nor did they refute the fact that the warnings clearly establish the factors applicable to themselves regarding weight and activity levels. … Diaz’s actual knowledge of the risks of the device clearly establishes his role as a learned intermediary under applicable Florida and Eleventh Circuit law. See, e.g., Ellis v. C.R.

Manzini v. Cypress

District Court, S.D. Florida · Jul 23, 2025

immunity bars Plaintiff’s claims. … Beyond the obviously relevant application of Harris, there is ample case law clearly stating that IGRA does not confer a private right of action.

Heyman v. United States

506 F. Supp. 1145 · District Court, S.D. Florida · Jan 12, 1981

. § 2671 , et seq. and the National Swine Flu Immunization Program Act, 42 U.S.C. § 247b. … Dokson were stipulated to be highly qualified neurologists and both were extremely credible witnesses. I *1149 choose to follow Dr.

In Re CITY OF FORT LAUDERDALE, FLA

23 F. Supp. 229 · District Court, S.D. Florida · Apr 21, 1938

It is also interesting to note the conclusion of Judge Yankwich’s opinion in which he said: “As a student, exercising private judgment, I agree with the conclusion of the dissenters that immunity from interference through … However, any insolvent taxing district or agency may apply for composition under the provisions of this bill, and the need for the legislation is clearly shown by the testimony presented at the hearings.

In Re Noven Pharmaceuticals, Inc. Securities Litigation

238 F. Supp. 2d 1315 · District Court, S.D. Florida · Dec 20, 2002

“It is well established that a complaint should not be dismissed for failure to state a claim pursuant to Fed. R. Civ. … Statements Are Not Accompanied by Meaningful Cautionary Language To qualify for protection under the safe harbor provision, “meaningful cautionary language must be more than mere boilerplate language.”