Case law

Rivers v. Health Options Connect, Inc.

96 F. Supp. 2d 1370 · District Court, S.D. Florida · Feb 29, 2000

described in section 1003(a) of this title In interpreting ERISA’s preemption clause the Supreme Court, in earlier opinions, gave an expansive reading to the “relate to” clause holding that it “was designed by Congress to establish … It is the position of Health Options, expressed in other words, that where a decision is made to discontinue medical or hospital benefits under an ERISA plan, after a UR by the plan’s employee or agent, there is absolute immunity

Singer v. Colony Insurance

147 F. Supp. 3d 1369 · District Court, S.D. Florida · Nov 30, 2015

Bodily Injury Plaintiff asserts that the sexual harassment allegations in the Underlying Complaint qualify as “bodily injury” and are covered under the Policy. … Cohen’s alleged sexual harassment’of Plaintiff was clearly intentional conduct and, therefore, not an “occurrence.” See State Farm Fire & Cas. Co. v.

FLAVA WORKS, INC. v. City of Miami, Fla.

800 F. Supp. 2d 1182 · District Court, S.D. Florida · Jul 29, 2011

Rather, it restricted its challenge to whether Flava Works was operating a “business” in violation of the R-4 residential zoning ordinance. 3 The Eleventh Circuit found that Flava Works’ use of the 27th Street residence qualified … as a “business,” though not an “adult entertainment establishment.”

Armor Screen Corp. v. Storm Catcher, Inc.

709 F. Supp. 2d 1309 · District Court, S.D. Florida · Apr 22, 2010

Subsequent courts interpret the State Farm decision as establishing Florida’s retention of the appearance of impropriety standard despite the change in rules. This interpretation, however, does not follow. … In the first circumstance, “subsequent representation of other clients with materially adverse interests clearly is prohibited.” Id.

Tursom v. United States

District Court, S.D. Florida · Aug 9, 2021

explained: Because the tortfeasor’s liability limits would cover the amount of damages claimed by [the injured party], the tortfeasor does not qualify … As the Intervenor cannot establish that the United States was an uninsured or underinsured motorist, the Court concludes that it cannot properly pursue its subrogation claims because the United States remains immune from

Bienaime v. Department of Children and Families

District Court, S.D. Florida · Jan 14, 2025

Murray argues that she is entitled to qualified immunity because the allegations that gave rise to Bienaime’s claims all occurred while Murray was performing her official duties as a child protective investigator for DCF … The concern with shotgun pleadings is that they do not establish a connection between “the substantive count and the factual predicates . . .

Johnson v. Hillquist

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

The Officer Defendants were clearly acting under color of state law since their actions were taken “pursuant to the power [they] possessed by state authority[.]” Edwards v. Wallace Cmty. … Johnson’s claim against Daniels fails for yet another reason: He hasn’t established supervisory liability.

Ofer

District Court, S.D. Florida · Mar 18, 2026

The federal government’s waiver of sovereign immunity must be “unequivocally expressed” and the statutory provision containing the expression must ‘establish unambiguously that the waiver extends to monetary claims.’” … Here, Count II (Title VI) would fail, despite amendment, because Defendant is immune from suit as Title VI does not include an express waiver of sovereign immunity.

Securities & Exchange Commission v. Merkin

283 F.R.D. 689 · District Court, S.D. Florida · Jun 12, 2012

Namely, that: (1) the information sought from the SEC qualified as protected attorney work product; (2) the request was tantamount to an effort to take the deposition of SEC counsel; (3) the defendant could learn the facts … Conclusions To the extent that the SEC is urging a de facto immunity from 30(b)(6) depositions in this case, the Court rejects the argument.

Double AA International Investment Group, Inc. v. Swire Pacific Holdings, Inc.

674 F. Supp. 2d 1344 · District Court, S.D. Florida · Dec 15, 2009

This portion of the statute clearly indicates a single account. … The court explained, “the threshold for establishing a legitimate business purpose sufficient to qualify for an exemption may be low, but it requires some factual evidence demonstrating that the method of disposition has

L.H. v. Marriott International, Inc.

District Court, S.D. Florida · May 20, 2022

The statute thus “establish[es] broad federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Almeida v. … Ultimately, to lose immunity, a website must have engaged in something more, having clearly and “directly participate[d] in developing the alleged illegality.”

State Farm Mutual Automobile Insurance v. Baldassini

909 F. Supp. 2d 1363 · District Court, S.D. Florida · Dec 17, 2012

Therefore, in order to establish that the structure is a “dwelling” within the purview of the burglary statute, we believe the state must introduce some evidence that it is actually to be used 'for habitation. Id. … And even if it did — which, clearly, it does not — a review of Key Biscayne’s golf cart ordinance reveals that it covers motor vehicles “designed and manufactured for operation on a golf course for sporting or recreational

Pyatt Jr v. Gimenez

District Court, S.D. Florida · Jul 14, 2020

And sixth, they maintain that they are entitled to qualified immunity for any alleged constitutional violation. Id. … In this respect, they argue that the “law was not clearly established providing under the circumstances that any of the Defendants’ actions were unconstitutional.

Gonzalez Ex Rel. Gonzalez v. School Board of Okeechobee County

571 F. Supp. 2d 1257 · District Court, S.D. Florida · Jul 29, 2008

The State of Florida also statutorily mandates abstinence to be a core feature of its instruction concerning the nature and transmission of acquired immune deficiency syndrome. Fla. Stat. § 1003.46 . … SBOC’s argument that discussions of tolerance towards non-heterosexuals will promote premature sexualization of students is speculative at best and clearly without evidentiary support in the record. 3.

Friends of the Everglades v. South Florida Water Management District

865 F. Supp. 2d 1159 · District Court, S.D. Florida · Sep 20, 2011

The Court dismissed the SFWMD as a Defendant on grounds of Eleventh Amendment immunity, leaving the Director of the SFWMD as the sole remaining Defendant. (See id.). … Apr. 22, 2008) (holding that $455 appeal fee “is clearly a taxable cost,” citing Section 1920(1) and Appellate Rule 39(e)(4)). 3.

Carroll v. Neumann

204 F. Supp. 2d 1344 · District Court, S.D. Florida · Apr 9, 2002

To establish a prima, facie case, Carroll must show that he (1) is a member of a protected class, (2) is qualified for the job or benefit at issue, (3) was subjected to an adverse employment action, and (4) was treated less … To establish a prima facie case under both the ADA and the FCRA, 2 Carroll must show that he (1) has a disability, (2) is a qualified individual, and (3) was discriminated against because of the disability.

Palm Beach Golf Center-Boca, Inc. v. Sarris

311 F.R.D. 688 · District Court, S.D. Florida · Aug 4, 2015

Class Definition and Ascertainability As a prerequisite to class certification, a plaintiff must establish that the proposed class is adequately defined and clearly ascertainable. See Little v. … Bock and his firm will adequately prosecute the interests of the class and are qualified to serve as class counsel. 19 C.

Boca Raton Community Hospital, Inc. v. Tenet Healthcare Corp.

238 F.R.D. 679 · District Court, S.D. Florida · Dec 7, 2006

Class Counsel Are Qualified Tenet does not dispute that Boca’s counsel are qualified and experienced to conduct this litigation. … were not a viable defense to Sherman Act claims against the defendant alleging a separate conspiracy, stating ”[t]he alleged illegal conduct of petitioner ... could not legalize the unlawful combination by respondents nor immunize

Jeanty v. Bulger

204 F. Supp. 2d 1366 · District Court, S.D. Florida · May 17, 2002

Upon closer examination, however, Jean establishes no such broad rule. … In addition, none of the named Petitioners’ parole applications indicates any unusual hardship that would qualify for consideration by Headquarters.

Duman v. Wigand

District Court, S.D. Florida · Jul 28, 2025

When the complaint does not “clearly specify whether officials are sued personally, in their official capacity, or both[,] ‘[t]he course of proceedings’ in such cases typically will indicate the nature of the liability … It is well- established that judges are entitled to absolute judicial immunity from damages for acts taken in 1 Plaintiff uses the term “D.V. Injunction” in his facts and makes references to safety. Id. at 3.