Case law

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.

Fleuranville v. Miami-Dade County

District Court, S.D. Florida · Dec 13, 2024

Defendants moved collectively to dismiss the Complaint as having been barred by the doctrine of qualified immunity. … Defendants argue that Plaintiff’s Complaint failed to set out a prima facie case because the arrest affidavit clearly revealed probable cause.

Lamm v. State Street Bank & Trust Co.

889 F. Supp. 2d 1321 · District Court, S.D. Florida · Aug 21, 2012

Aiding and Abetting Claims In order to establish a claim for aiding and abetting, the plaintiff must establish that that the aider and abettor had knowledge of the underlying breach of fiduciary duty or fraud, and that the … Adviser’s Act of 1940, 15 U.S.C. § 80b-l et seq., registered investment advisers are prohibited from having custody of client funds or securities unless they are kept in a separate client account or are maintained by a “qualified

Aronson v. Celebrity Cruises, Inc.

30 F. Supp. 3d 1379 · District Court, S.D. Florida · May 9, 2014

Similarly, internet advertising of Wrave’s business through the cruise operators’ websites does not qualify as substantial activity under the long-arm statute. 3 See Fraser, 594 F.3d at 847 . … The third parties do not need to be specifically named in the contract to qualify as intended beneficiaries, as “long as the contract refers to a well-defined class of readily identifiable persons that it intends to benefit

Silva v. Baptist Health South Florida, Inc.

139 F. Supp. 3d 1319 · District Court, S.D. Florida · Oct 13, 2015

And the mere proffer of experts does not immunize factually deficient claims. … In the context of a qualified immunity analysis, the Supreme Court recently observed that “a *1323 plaintiff cannot avoid summary judgment by simply producing an expert’s report.” City & Cty. of San Francisco, Calif. v.

Diaz v. Jaguar Restaurant Group, LLC

649 F. Supp. 2d 1343 · District Court, S.D. Florida · Jun 22, 2009

Subsection (i) thus has two distinct prongs from which an employer can qualify as an enterprise under the statute. … None was presented except for a single isolated purchase of lumber in interstate commerce that did not qualify as a regular and recurrent practice.

United States v. Lowery

15 F. Supp. 2d 1348 · District Court, S.D. Florida · Aug 4, 1998

— The Privileges Or Immunities Clause Of The Fourteenth Amendment, 12 Harvard Journal of Law & Public Policy 83,88-89 (1989). … Section 201(e)(2) very clearly encompasses official misconduct, for which the appropriate and established remedy is suppression. See Unite States v. Russell, 411 U.S. 423, 430 , 93 S.Ct. 1637 , 36 L.Ed.2d 366 (1973).

Maduro Travel, Inc. v. Skandinaviska-Enskilda Banken (In Re SeaEscape Cruises Ltd.)

191 B.R. 944 · District Court, S.D. Florida · Feb 24, 1995

Appellant claims the Bankruptcy Court erred in qualifying Maduro’s services as “preliminary” in order to conclude it lacked jurisdiction. … Appellees state that the undisputed testimony in this case clearly established that the customary time for payment of invoices in the maritime industry is 30 days.

United States v. The Wren

28 F. Cas. 781 · District Court, S.D. Florida · Jul 1, 1865

Section 106 of the same act provides that “whenever it is declared by this act that a ship belonging to any person or body corporate, qualified according to this act to be owners of British ships, shall not be recognized … The claimant has failed to establish the neutrality of the property, and restitution must be denied.

Mizell v. Miami-Dade County, Florida

342 F. Supp. 2d 1084 · District Court, S.D. Florida · Oct 22, 2004

First, Officer Peacock’s offense is clearly not of the same nature as the offense committed by Mizell. … Moreover, Defendant has clearly articulated several legitimate, nondiscriminatory reasons for Mizell’s termination.

Laboss Transportation Services, Inc. v. Global Liberty Insurance Co.

188 F. Supp. 3d 1320 · District Court, S.D. Florida · May 26, 2016

FACTUAL BACKGROUND This is an action for declaratory decree seeking to establish the rights and obligations of the parties under a commercial automobile insurance policy, number FHP 0725551-0 (“Policy”), issued by Defendant … Holdings, 845 So.2d at 165 ), The Policy here clearly and unambiguously defines its “insured” as (1) Laboss for any covered auto, and (2) anyone else using a covered auto with Laboss’s permission.

Hybrid Pharma LLC v. Knispel

District Court, S.D. Florida · Aug 30, 2024

. § 1983, for failure to prove it was intentionally treated differently by Defendants and failure to identify a valid comparator; (2) Defendants are entitled to a qualified immunity defense; and (3) sovereign immunity under … Hybrid Pharma has failed to meet its burden to establish that OPS and KRS are similarly situated and incorrectly rely on a clearly distinguishable case.

Lawrence v. METRO DADE COUNTY, FL

872 F. Supp. 957 · District Court, S.D. Florida · Nov 17, 1994

R.Civ.P is well established. E.g. Hasenfus v. … Although the Director of Public Safety has been delegated the authority to establish specific employment policies for MDPD, his decisions are clearly constrained by ordinances and resolutions passed by the Board of County

Allapattah Services, Inc. v. Exxon Corp.

61 F. Supp. 2d 1335 · District Court, S.D. Florida · Jul 28, 1999

, particularly when the disciplines involved are well-established, the general methodologies are well-known, and where there is no appar *1341 ent “smoking gun” that can be characterized as “junk.” 9 Merely because two qualified … The price reduction is clearly shown in Exxon's Wholesale Price Development System documents and data.”

Reese v. Miami-Dade County

242 F. Supp. 2d 1292 · District Court, S.D. Florida · Dec 5, 2002

“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly [establishes] the ‘burden of persuasion’ as to each of the four prerequisites.” … Plaintiffs are required to establish that they are a member of a protected class; that they applied for and were qualified for housing and that in spite of their qualification the County denied them housing on the basis of

Lutz v. Protective Life Insurance

328 F. Supp. 2d 1350 · District Court, S.D. Florida · Jun 14, 2004

The removing party bears the burden of establishing jurisdiction. See Diaz v. Sheppard, 85 F.3d 1502, 1505 (11th Cir.1996). … Clearly, the Eleventh Circuit did not state, as Defendant claims, that such jurisdiction applies “even if’ a class member is not a named plaintiff.

Morrison v. Quality Transports Services, Inc.

474 F. Supp. 2d 1303 · District Court, S.D. Florida · Jan 30, 2007

Defendants filed this Motion for Summary Judgment alleging that Plaintiff and opt-in Plaintiffs (collectively “Plaintiffs”) are exempt from compliance with the FLSA because they qualify for the motor carrier exemption to … However, courts have held that travel arranged through a ground transportation service or travel agency is insufficient to establish practical continuity of movement.

United States Liability Insurance v. Kelley Ventures, LLC

137 F. Supp. 3d 1312 · District Court, S.D. Florida · Sep 30, 2015

However, USLI has established that express policy provisions' relieve USLI from its duty to defénd Defendants in the Underlying Action. Accordingly, USLI’s motion for summary judgment will be granted. ' A. … Unlike the Policy application itself, the Pending or Prior Litigation Exclusion is not qualified by the Insured’s “knowledge and belief.”

Ramos v. Hopele of Fort Lauderdale, LLC

334 F. Supp. 3d 1262 · District Court, S.D. Florida · Sep 20, 2018

or can it so qualify even if it lacks that capacity? … And a survey of case law establishes that courts routinely determine as a matter of law the amount of human intervention necessary to establish whether a system is an ATDS.

Fewquay v. Page

682 F. Supp. 1195 · District Court, S.D. Florida · Sep 16, 1987

It provides for no hearing whatsoever in which a person who has been convicted of one of the crimes may establish his or her rehabilitation. … Plaintiff complains in a recent pleading, that placing the burden on him to establish his fitness still renders the statute defective. I disagree.