Case law

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 .

Ferguson v. Palm Beach County Sheriff's Department of Corrections

District Court, S.D. Florida · Feb 9, 2024

The Court will leave for another day, however, whether PBSO can rely on an Eleventh Amendment sovereign immunity defense here. … Establishing liability under a failure-to- train theory is “most tenuous.” Id.

Levinson v. Maison Grande, Inc.

517 F. Supp. 963 · District Court, S.D. Florida · Jun 10, 1981

The parking spaces on the small portion are necessary to qualify the Maison Grande for a certificate of occupancy from the city of Miami Beach. … , two separate products are clearly involved.

Alford v. Florida

390 F. Supp. 2d 1236 · District Court, S.D. Florida · Mar 28, 2005

The State, however, has clearly established the basis for its belief that use of her vehicle should have been covered by her insurance. See, e.g., Def. Ex. 8, 9, 12, 13, and 18, attached to Alford Depo. … The defendant, however, has clearly established the basis for its belief that use of her vehicle should have been covered by her insurance. See, e.g., Def. Ex. 8, 9, 12, 13, and 18, attached to Alford Depo.

Twin Palms Resort, LLC Ex Rel. Harbour v. United States

676 F. Supp. 2d 1350 · District Court, S.D. Florida · Nov 4, 2009

The burden, therefore, is on Twin Palms to establish a valid defense to the summons. Twin Palms tries to establish a defense by arguing that the summons fails to comply with each of the four Powell criteria. … The government states that the summons itself clearly was reasonably necessary.

Richio v. Miami-Dade County

163 F. Supp. 2d 1352 · District Court, S.D. Florida · Jun 4, 2001

In order to establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate that (1) she is disabled, (2) she is a qualified individual, 6 and (3) she was subjected to unlawful discrimination because … this analysis that Plaintiff was qualified for her position at the Call Center.

United States v. Jenison

485 F. Supp. 655 · District Court, S.D. Florida · Dec 18, 1979

Appointment to the position of deputy foreperson does not indicate that the person selected is the most qualified, only that that person is qualified as foreperson on that particular grand jury. … Clearly, the absolute measure should not be inflexibly applied to foreclose a prima facie case where its utilization may distort the significance of the figures shown.

In Re Candiotti

729 F. Supp. 840 · District Court, S.D. Florida · Jan 26, 1990

The government does not consent to use immunity allowed under 18 U.S.C. §§ 6002 -OS. … In his case, the government produced into evidence “a certified State Department document establishing that a passport was issued to the witness”. 544 F.Supp. at 724 .

Hardemon

District Court, S.D. Florida · Nov 6, 2025

Here, our Plaintiff has sufficiently alleged facts establishing a substantial risk of impending harm. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it” and must instead “have a legitimate claim of entitlement to it.” Bd. of Regents of State Colls. v.

Mora v. University of Miami

15 F. Supp. 2d 1324 · District Court, S.D. Florida · Jul 14, 1998

Under McDonnell-Douglas, a plaintiff has the initial burden of establishing a prima facie case of national origin discrimination by a preponderance of the evidence, which once established raises a presumption that the defendant … Discharge clearly *1336 qualifies as an ultimate employment decision affecting the terms and conditions of an individual’s employment. Id.

Women's Emergency Network v. Bush

191 F. Supp. 2d 1356 · District Court, S.D. Florida · Feb 15, 2002

Finally, Plaintiffs allege that each of these counties has designated, a Catholic organization to distribute the funds to agencies that qualify under the Act. … Because a preliminary injunction is a “drastic remedy,” the plaintiff bears the burden to clearly establish each of the four criteria for relief. International Assoc. of Machinists and Aerospace Workers, AFL-CIO v.

Ocampo v. Carrington Mortg. Servs., LLC

288 F. Supp. 3d 1327 · District Court, S.D. Florida · Dec 27, 2017

As standing is a threshold determinant, the plaintiff must "clearly ... allege facts *1332 demonstrating" standing. Warth v. Seldin , 422 U.S. 490 , 518, 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975). … In addition, even if Plaintiff could establish a concrete injury, he must still establish a causal link between the Defendant's action and his harm. Spokeo , 136 S.Ct. at 1549 . Plaintiff cannot do so.

Diaz v. Inch

District Court, S.D. Florida · Jun 3, 2021

joint Motion to Dismiss, ECF No. [29], arguing that Plaintiff’s excessive force claim is barred by the Heck doctrine, Plaintiff’s claims fail for failure to exhaust administrative remedies, failure to state a claim, and qualified … immunity.

United States v. Mallory

525 F. Supp. 2d 1316 · District Court, S.D. Florida · Oct 31, 2007

Counter Arguments The plain reading of the statute, though syllogistically sound, is not immune from criticism. … Otherwise, clearly expressed legislative decisions would be subject to the policy predilections of judges.”).

Dorman v. Chaplain's Office BSO

District Court, S.D. Florida · Feb 10, 2020

immunity. … Cooks, 672 F.3d 972, 977 (11th Cir. 2012) (explaining that qualified immunity offers complete protection for government officials sued in their individual capacities when their conduct violates no clearly established statutory

Zarrella v. Pacific Life Insurance

755 F. Supp. 2d 1231 · District Court, S.D. Florida · Mar 29, 2011

Apr. 29, 2008) (fraud claims failed when disclaimers clearly explained Plaintiffs “should not rely on defendants for legal and tax advice”)). … It merely states that the “rider and any Policy covered by it are intended to qualify as part of a tax-qualified retirement plan or arrangement that meets the requirements of [Section 412(i) ].”

Owens v. City of Fort Lauderdale

174 F. Supp. 2d 1282 · District Court, S.D. Florida · Sep 20, 2001

immunity on interlocutory appeal). … immunity).

In Re Terazosin Hydrochloride Antitrust Litigation

352 F. Supp. 2d 1279 · District Court, S.D. Florida · Jan 5, 2005

A patent affords no immunity for a monopoly not fairly or plainly within the grant.”). … If the Agreement is one that presents a “naked restraint of trade with no purpose except stifling competition,” it qualifies for per se treatment.

Adelphia Cable Partners, L.P. v. E & A Beepers Corp.

188 F.R.D. 662 · District Court, S.D. Florida · Aug 6, 1999

With respect to Counts I and II, Plaintiff quotes statutory language that indicates it qualifies as a “person aggrieved.” See Pl.’s Resp., at 2-6. … Viewing the Complaint in the light most favorable to Plaintiff, Plaintiff clearly qualifies as a “person aggrieved” by Defendants’ alleged conduct, and is thereby authorized to institute Section 605 and 553 actions against

Bienaime v. Department of Children and Families

District Court, S.D. Florida · Apr 7, 2025

Bienaime does not clearly address any of Defendants’ legal arguments, instead offering general statements such as “[t]he Department of Children and Families and its Employees are not exempt from Lawsuits for the Violation … “It is well established that, in the absence of consent, ‘a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment.’” Hayes v. Sec’y, Fla.