Case law

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.

Zarrella v. Pacific Life Insurance

809 F. Supp. 2d 1357 · District Court, S.D. Florida · Aug 22, 2011

The Second Amended Complaint alleges that “Pacific Life contracted with Plaintiffs to provide Policies that were intended to ‘qualify as part of a tax-qualified retirement plan’ that met the ‘requirements of Code Sec. 401 … The 412(i) Life Insurance Rider [DE 99-5] (“Rider”) states, the “rider and any *1363 Policy covered by it are intended to qualify as part of a tax-qualified retirement plan or arrangement that meets the requirements of Code

Elortegui v. United States

743 F. Supp. 828 · District Court, S.D. Florida · Jun 25, 1990

A rule that qualifies under this exception must not only improve accuracy, but also ‘alter our understanding of the bedrock procedural elements’ essential to the fairness of a proceeding.” 110 S.Ct. at 2831 (quoting Teague … Sawyer, supra, clearly overrules Clark , however. 8 . But see note 4, supra. 9 . In Butler v.

Ashworth v. United States

772 F. Supp. 1268 · District Court, S.D. Florida · Aug 27, 1991

Given the undisputed facts in this case, Seaman Nellis was clearly within the spatial limits of his employment when the accident occurred. … Should this court adopt the government’s argument, it would appear that nearly every case of negligence would have to go to a jury on the issue of comparative negligence — whether or not the facts clearly establish that there

In re 160 Royal Palm, LLC

600 B.R. 119 · District Court, S.D. Florida · Apr 10, 2019

The Debtor negotiated a conditional settlement with the Town for $ 250,000, which required the execution of certain conditions, including payment by December 31, 2018 and sale to a qualified buyer. See Town Settlement. … In addition, Debtor maintains that Appellant has failed to establish that the Bankruptcy Court abused its discretion in any regard.

Balbin, Manuel v. Williams

District Court, S.D. Florida · Mar 22, 2024

District Judge Beth Bloom reviewed the undisputed material facts and concluded that those defendants were entitled to qualified immunity since Plaintiff failed to “establish that he faced a substantial risk of serious harm … See id. at *8 (“Plaintiff's failure to establish the first element necessarily results in Defendants Latin, McGahee, and Wooden being entitled to qualified immunity.”).

Vivas v. Hartford Life & Accident Insurance

49 F. Supp. 3d 1124 · District Court, S.D. Florida · Sep 23, 2014

qualify for private LTD benefits from [Hartford].” … and explained how “it is possible to qualify for SSD, but no longer continue to qualify for private LTD benefits from ... Hartford.” Id.

CBS Inc. v. Smith

681 F. Supp. 794 · District Court, S.D. Florida · Apr 5, 1988

Mitofsky, undisputably a qualified expert in the field of polling voter preferences, testified that exit polls provide very reliable data about voter behavior precisely because of the near certainty that the person interviewed … Such use of the streets and public places has, from ancient times, been a part of the privileges, *804 immunities, rights, and liberties of citizens.

Cannon v. METRO FORD. INC.

242 F. Supp. 2d 1322 · District Court, S.D. Florida · Dec 23, 2002

In contrast, the facts alleged in the instant case appear most analogous to those established in a case not cited by either party, Cunningham v. … Additionally, the Court finds that the loss of a down payment qualifies as “actual damages” under the FDUTPA.

Doe v. Stincer

990 F. Supp. 1427 · District Court, S.D. Florida · Dec 2, 1997

Although the Plaintiff has submitted no evidence that would affirmatively establish that it is an established system within the meaning of the Act, the Court will assume that the State of Florida designated the Advocacy Center … Miller, 849 F.Supp. 1202, 1206 (W.D.Mich.1994) (the Plaintiff “clearly has legal authority to protect and advocate the rights of all individuals in state facilities who suffer developmental disabilities or mental illness”

Hernandez v. Echarte

District Court, S.D. Florida · Feb 28, 2024

These circumstance . . . clearly reflect an prejudicial attitude on Judge Pedro Echarte, Jr.’s part, adverse to Plaintiff, further invalidating the Order . . . . … Qualified Prop. Mgmt. of S. Blvd. Townhouse Condos, Inc., 2021 WL 5748289, at *2 (M.D. Fla. Nov. 15, 2021) (Sneed, Mag. J.), report and recommendation adopted, 2021 WL 5743434 (M.D. Fla. Dec. 2, 2021) (Honeywell, J.)

Virga v. Progressive American Insurance Co.

215 F. Supp. 3d 1320 · District Court, S.D. Florida · Jun 29, 2016

The Eleventh Circuit rejected the provider’s argument, reasoning that, “[a] declaratory judgment would establish that Allstate provided members of the putative class with insufficient payment on bills that have already been … The policy then goes on to detail the manner in which Progressive determines what qualifies as reasonable pursuant to section 627.736(1)(a).

Irizarry v. Palm Springs General Hospital

680 F. Supp. 1528 · District Court, S.D. Florida · Feb 25, 1988

First, to establish a prima facie ease, the Plaintiff must show that he was a member of a protected group; that he was qualified for the position from which he was discharged; that he was in fact discharged; and that he was … Accordingly, Irizarry has not demonstrated that she was qualified for the position.

Brown v. Sybase, Inc.

287 F. Supp. 2d 1330 · District Court, S.D. Florida · Sep 23, 2003

; (3) his employer treated similarly situated employees of other races more favorably; and (4) he was qualified to do the job. … of the statement may be established by circumstantial evidence.”

Crane

District Court, S.D. Florida · Jul 16, 2026

And judicial immunity can warrant dismissal if it clearly applies on the face of the pleadings; in such a case, allowing leave to amend would be an exercise in futility. Austin v. … Plaintiff, therefore, fails to establish that Matthew Crane, Hertz, and Sager are state actors under section 1983. See Schucker v.

Strauss v. CBE Group, Inc.

173 F. Supp. 3d 1302 · District Court, S.D. Florida · Mar 28, 2016

The evidence clearly establishes that CBE made 24 calls using the MCA. And there appears to be no disagreement that the MCA, by itself, lacks the capability to dial predictively. … “To recover under both the FDCPA and the FCCPA, ... a plaintiff must make a threshold showing that the money being collected qualifies as a ‘debt.’ ” Oppenheim v. I.C. System, Inc., 627 F.3d 833, 836-37 (11th Cir.2010).

Fagan v. Central Bank of Cyprus

District Court, S.D. Florida · Jun 17, 2020

He acknowledges in the Complaint that Central Bank of Cyprus and Law Office of the Republic of Cyprus qualify as foreign states as “organ[s] of the Republic of Cyprus,” and he has not shown, through his allegations or otherwise … Sovereign immunity precludes Plaintiff’s claims against these Defendants, as his allegations establish that he is attempting to hold the Republic of Cyprus liable for alleged failures by its officials.

Casa Express Corp v. Bolivarian Republic of Venezuela

District Court, S.D. Florida · Jul 17, 2023

Clearly, parties are not to be afforded a ‘second bite at the apple’ when they file objections to an R & R.” Marlite, Inc. v. Eckenrod, No. 10-23641-CIV, 2012 WL 3614212, at *2 (S.D. Fla. … Casa requests in its Objections that the Court include in its Default Judgment against Venezuela a declaration that “Plaintiff established that Venezuela expressly waived its immunity from suit and from execution under

Esteban v. Cook

77 F. Supp. 2d 1256 · District Court, S.D. Florida · May 20, 1999

Act, Title XIX of the Social Security Act, 42 U.S.C. § 1396 , is a cooperative federal-state program designed to allow states to receive matching funds from the federal government to finance necessary medical services to qualified … These services include immunizations, periodic dental checkups, eye glasses, child health maintenance, and early diagnosis.