Case law

Vamper v. United Parcel Service, Inc.

14 F. Supp. 2d 1301 · District Court, S.D. Florida · Mar 24, 1998

“It is well established that a complaint should not be dismissed for failure to state a claim pursuant to Fed.R.Civ. … K-Mart Corp., 899 F.Supp. 503, 506 (E.D.Wash.1995) (“Clearly, negligence is not a novel or complex issue of State law.

Lawson v. Plantation General Hospital, L.P.

704 F. Supp. 2d 1254 · District Court, S.D. Florida · Mar 30, 2010

Instead, to establish a discriminatory discharge, a plaintiff can establish a prima facie case by showing that she (1) was a member of a protected class, (2) was qualified for the job, (3) suffered an adverse employment action … As noted above, to establish a discriminatory discharge, Plaintiff must show that she (1) was a member of a protected class, (2) was qualified for the job, (3) suffered an adverse employment action, and (4) was replaced by

JTR Enterprises, LLC v. An Unknown Quantity of Colombian Emeralds, Amethysts & Quartz Crystals

297 F.R.D. 522 · District Court, S.D. Florida · Dec 10, 2013

“Under federal common law, there is a qualified privilege which protects disclosure of information contained in criminal investigations.” White v. … Licensing, L.P., 266 F.Supp.2d 1144, 1148 (C.D.Cal.2003) (“[W]ork product immunity ‘may not be used both as a sword and a shield.

Norton

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

Second, the Defendants contend that the Individual Defendants are entitled to qualified immunity. See id. at 21–27. … Since we’ve dismissed Count III, we needn’t determine whether the Individual Defendants are entitled to qualified immunity. II.

United States v. Intercon Leasing, Inc.

617 F. Supp. 323 · District Court, S.D. Florida · Jun 28, 1985

(i) Harvey had failed to maintain a current list of properly trained, qualified and authorized inspection personnel, contrary to and in violation of the Federal Aviation Regulations, 14 C.F.R. § 121.371 ; and failed to establish … (j) Harvey had failed to establish, and maintain a maintenance recording system contrary to and in violation of the Federal Aviation Regulations, 14 C.F.R. § 121.380 . *328 (k) Harvey had failed to establish, obtain from

Williams Island Synagogue, Inc. v. City of Aventura

329 F. Supp. 2d 1319 · District Court, S.D. Florida · Aug 3, 2004

Suthers, 286 F.3d 1179, 1183 (10th Cir.2002), the Court concludes that Rabbi Horowitz may be qualified to testify as an expert on the subject of Jewish Law and his reliance on the above learned treatises may conform with … In its order denying Defendant’s motion to dismiss, the Court explained clearly that the relevant considerations as to Plaintiffs disparate treatment claim are the procedural differences between what is required of Plaintiff

Bey v. Reina

District Court, S.D. Florida · Apr 8, 2025

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2); see also Taliaferro … 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.

Morrill v. Lakeview Loan Servicing, LLC

District Court, S.D. Florida · Mar 27, 2025

In other words, the statute may immunize disclosure of otherwise protected documents on a selective waiver argument. … And section 5111 does not create a work product immunity where none existed.

J.P.M. v. Palm Beach County School Board

877 F. Supp. 2d 1309 · District Court, S.D. Florida · Jul 9, 2012

While C.M. is verbal and can engage in a short conversation, his disabilities present problems with expressive language and prohibit him from communicating clearly. Compl. ¶ 21; Ex. 0 at 37-38. 3. … To establish a prima facie case of discrimination under the ADA, plaintiffs will have to show (1) that C.M. is a qualified individual with a disability; (2) that he was excluded from participation in or denied the benefits

Avril v. Village South Inc.

934 F. Supp. 412 · District Court, S.D. Florida · May 23, 1996

Thus, Plaintiff must establish that (1) she is a member of a particular race and a particular national origin; (2) she was discharged from her employment; (3) she was qualified to perform the duties of the job from which … In fact, the record clearly shows that the Village tried everything in its power to accommodate Plaintiff and help her improve her performance, including transferring her to a new department with a new supervisor.

Engineering Contractors Ass'n of South Florida, Inc. v. Metropolitan Dade County

943 F. Supp. 1546 · District Court, S.D. Florida · Sep 17, 1996

Clearly, the choice of explanatory variables can effect the outcome of regression analyses. Plaintiffs’ expert Dr. … Clearly, any MWBE that has achieved ownership of a company that bids on county work has established itself beyond the victim stage.

Chen v. Florida International University Board of Trustees

District Court, S.D. Florida · Aug 7, 2024

Defendant argues that allowing Plaintiff leave to amend would be futile “given the number of students who have unsuccessfully attempted to establish a written express contract to overcome the general rule of sovereign immunity … The fact that previous students have failed to establish an express contract does not convince the Court that Plaintiff will certainly also fail.

Cabello Barrueto v. Fernandez Larios

205 F. Supp. 2d 1325 · District Court, S.D. Florida · Jun 5, 2002

The ATCA is the. legal means by which individuals who violate well-established international law may be held liable in United States courts. … First, the Court rejects Defendant’s assertion that Chilean law governs the issue of who qualifies as the decedent’s “legal representative.”

Davies v. Israel

342 F. Supp. 3d 1302 · District Court, S.D. Florida · Sep 10, 2018

. § 1983 Claims (Deliberate Indifference) 5 " Section 1983 creates a private right of action to vindicate violations of *1308 rights, privileges, or immunities secured by the Constitution and laws of the United States." … As Plaintiff argues, however, these allegations are relevant to Plaintiff's claims including the question of whether EMT Waddle's conduct qualifies as "evil intent" or "reckless or callous indifference to the federal protected

Bulova Corp. v. Bulova Do Brasil Com. Rep. Imp. & Exp. Ltda.

144 F. Supp. 2d 1329 · District Court, S.D. Florida · Apr 6, 2001

Because a preliminary injunction is a “drastic remedy,” the plaintiff bears the burden to “clearly establish” each of the four elements. Café 207 v. St. Johns County, 989 F.2d 1136, 1137 (11th Cir.1993). … However, as a willful infringer, Defendant should not be immunized from injunctive remedy by the extent of his investment. See L.C. Page & Co. v. Fox Film Corp., 83 F.2d 196, 200 (2d Cir.1936).

Tavormina v. Aquatic Co., N v. (In Re Armando Gerstel, Inc.)

65 B.R. 602 · District Court, S.D. Florida · Sep 30, 1986

While it is debatable whether these transfers were intended to be assignments or security, the bankruptcy judge’s findings were not clearly erroneous. … The assignments also qualify as transfers of a claim under an insurance policy. B.

CBS Broadcasting, Inc. v. EchoStar Communications Corp.

276 F. Supp. 2d 1237 · District Court, S.D. Florida · Jun 10, 2003

The first method allows a satellite provider to establish presumptively that a subscriber qualifies as unserved where the ILLR model establishes that the residence cannot receive a Grade B over-the-air signal of a primary … Under this standard, EchoStar’s violations of the unserved household were clearly willful.

Hart

District Court, S.D. Florida · Jan 15, 2026

Indeed, Plaintiff “makes no allegations regarding a violation of a declaratory decree or the availability of declaratory relief,” so the Second Amended Complaint fails to establish that such relief would be appropriate … Sep. 10, 2024) (“[A]ny amendment by Plaintiff clearly . . . could not overcome the judicial immunity doctrine, warranting dismissal with prejudice.”).

Ferretti v. Nova Southeastern University, Inc.

District Court, S.D. Florida · Feb 16, 2022

Be that as it may, these arguments fail because the Immunity Statute is clearly substantive in other critical respects. See Chase Fed. Hous. … The Court will not hold that the Immunity Statute does not impair a vested right in a breach-of-contract claim because the Immunity Statute ties Plaintiff’s hands in establishing the terms governing that very claim.

Alvarez v. Key Transportation Service Corp.

541 F. Supp. 2d 1308 · District Court, S.D. Florida · Mar 3, 2008

This disagreement is clearly a factual dispute involving the. weight of evidence and credibility of witnesses that the Court cannot resolve on summary judgment. … But this Court notes, based on the applicable regulations, it is unlikely that any Key dispatcher would qualify as an "administrative” employee under § 541.200. 9 .