Case law

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.

Riess, Gary v. Palm Beach Sheriff's Office

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

To state a § 1983 claim, Plaintiff must clearly specify which Defendant committed each specific act that forms the basis of that claim. See LaMarca v. … 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.

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.

Mira v. Monroe County School Board

687 F. Supp. 1538 · District Court, S.D. Florida · May 31, 1988

Next, Plaintiff failed to establish that she was qualified for the position. An important aspect of the Assistant Director’s job is dealing with *1548 employees, principals and administrators in an effective manner. … The evidence clearly shows that Plaintiff was not promoted to the Assistant Director of Transportation position by Mr.

Guest v. Carnival Corp.

917 F. Supp. 2d 1242 · District Court, S.D. Florida · Nov 7, 2012

However, as the parties have agreed, Plaintiff may be able to establish, authenticate and attribute these statements to the Defendant through a Rule 30(b)(6) deposition, which would obviate the need to take Mr. … certain documents to the Coast Guard at its request and for its investigation — and not in the ordinary course of business — that this statute precludes them from discovery. privilege log, which states in full as follows: Immunity

Zarrella v. Pacific Life Insurance

755 F. Supp. 2d 1218 · District Court, S.D. Florida · Nov 10, 2010

The Rider states that the “rider and any Policy covered by it are intended to qualify as part of tax-qualified retirement plan or arrangement that meets the requirements of Code See. 401(a) and 412(i),” DE 12-2 (Rider) ¶ … Apr. 29, 2008) (fraud claims failed when disclaimers clearly explained Plaintiffs “should not rely on defendants for legal and tax advice”). Thus, Plaintiffs have not alleged, the requisite reliance.

Smyl, Inc. v. Gerstein

364 F. Supp. 1302 · District Court, S.D. Florida · Sep 14, 1973

As a result, a finding that the defendants have acted in bad faith and harassed the plaintiffs is clearly unwarranted. … Consequently, the defendants, Gerstein, Rivkind and Schwarz are immune from damages. Madison v. Gerstein, 440 F.2d 338 (5th Cir. 1971).

Haitian Refugee Center, Inc. v. Baker

789 F. Supp. 1552 · District Court, S.D. Florida · Dec 3, 1991

HRC has established both traceability and redressability. … The military-facilities to which HRC seeks access are clearly a nonpublic forum.

Paul Y. by and Through Kathy Y. v. Singletary

979 F. Supp. 1422 · District Court, S.D. Florida · Sep 30, 1997

Under Federal law, Paul qualifies for an “individualized education program” as that term is defined in 20 U.S.C. § 1401 (20). … Clearly, Fla. Stat. § 120.81 (3), which was previously followed, conflicted with applicable Federal law. Even with the advent of the newly passed Fla.

GRECO

District Court, S.D. Florida · Jul 27, 2026

The FTCA constitutes a limited waiver of sovereign immunity. Phillips v. United States, 260 F.3d 1316, 1318 (11th Cir. 2001). … The denial letter clearly warned that if Ms. Greco wished to file suit, she must do so “no later than six months after the date of the mailing of this denial.” [ECF No. 15-2] (emphasis added).

United States v. Travers

996 F. Supp. 6 · District Court, S.D. Florida · Feb 25, 1998

Finally, the Court found that the record of Travers’ dealings with his lawyers clearly established that Travers was engaged in a deliberate effort to obstruct, hinder and delay the prosecution of this case, and that Travers … The appeal was unsuccessful, and the bond established by the Magistrate Judge was affirmed. 3 . E.g., Thomas v. Wainwright, 767 F.2d 738, 741 (11th Cir.1985); Wike v.

Shaw v. Set Enterprises, Inc.

241 F. Supp. 3d 1318 · District Court, S.D. Florida · Mar 17, 2017

Defendants have not established that they qualify for either' of these exceptions to their minimum wage obligations to the Dancers. … Defendants contest this fact, but it is clearly supported by the record evidence.

Israel v. Motor Vessel Nili

318 F. Supp. 1196 · District Court, S.D. Florida · Oct 18, 1968

The language of Section 55 is clearly broad enough to cover such a mortgage. … This amendment was a jurisdictional amendment to allow certain qualifying foreign ship mortgages to be foreclosed under the Act.

Laboss Transportation Services, Inc. v. Global Liberty Insurance Co. of New York

208 F. Supp. 3d 1268 · District Court, S.D. Florida · Sep 23, 2016

As “accident” is not clearly defined by the instant Policy, the term is ambiguous. See Nat'l Merch. Co. v. United Serv. Auto. … Fla. 2015) (“A potential claim need not mature to the level of a lawsuit to qualify as a ‘substantial controversy’ of ‘sufficient immediacy.’ ”).

Florida-Texas Freight, Inc. v. United States

373 F. Supp. 479 · District Court, S.D. Florida · May 13, 1974

Act, 49 U.S.C. § 1010 , contains the provisions pursuant to which the Commission passes upon applications for freight forwarder authority. § 410(c) provides in pertinent part: “The Commission shall issue a permit to any qualified … Rates were properly considered in the first instance and the need for Brinke’s service was adequately established independently of any rate considerations.

Goodley v. Greene

District Court, S.D. Florida · Sep 17, 2021

A judge acts in the clear absence of all jurisdiction if the matter upon which he acts is clearly outside the subject matter jurisdiction of the court over which he presides. See Stump v. … As explained below, the Court finds that Plaintiff has failed to establish Article III standing—and even if not for lack of standing, the doctrine of absolute judicial immunity bars the Defendant from suit.

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.

Lapp v. United States

316 F. Supp. 386 · District Court, S.D. Florida · Aug 22, 1970

Clearly under Florida law, the income derived from this stock could not be reached to satisfy the individual debts or obligations of Frank D. Lapp. His interest in such funds was undivided and coequal with his wife. … In the absence of some voluntary surrender by the plaintiff of her interest in the funds, they were immune from this levy. No evidence of such voluntary surrender has been proffered.

Isaac Industries, Inc. v. Petroquimica de Venezuela, S.A.

District Court, S.D. Florida · Sep 27, 2022

To begin with, the Defendants argue PDVSA is immune from suit under the FSIA and that Isaac is unable to establish that PDVSA falls within one of the exceptions to immunity delineated by the FSIA. (Defs.’ … After review, the Court agrees with the Defendants that Isaac has failed to establish that PDVSA is not immune from suit.

Pincus v. Speedpay, Inc.

161 F. Supp. 3d 1150 · District Court, S.D. Florida · Oct 6, 2015

Defendant also argues that the RICO claims do not demonstrate that Defendant is in the “money transmitting business” for the purpose of establishing criminal activity under RICO. … Hucke held that a statute, with no private right of action, does not create an automatic common law claim for a statutory violation, nor does it immunize the violator from a common law suit.