Case law

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 v. Sene X Eleemosynary Corp., Inc.

479 F. Supp. 970 · District Court, S.D. Florida · Oct 29, 1979

Expert Testimony Two eminently qualified medical doctors, Dr. John H. Talbott and Dr. Robert J. Boucek, testified on behalf of the government. Dr. … The studies reporting clearly positive findings were usually either less well controlled or without controls.

Verola v. Colton (In Re Verola)

336 B.R. 547 · District Court, S.D. Florida · Aug 16, 2004

Judge Friedman found that because the language in the restitution order made it clear that the money was to be forwarded to the victims, the second requirement to establish that a debt is discharged under 11 U.S.C. § 523 … The Court found that although “[ujnlike traditional fines, restitution is forwarded to the victim, and may be calculated by reference to the amount of harm the offender has caused ... neither of the qualifying clauses 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.

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.

Southeastern Fisheries Ass'n, Inc. v. Martinez

772 F. Supp. 1263 · District Court, S.D. Florida · Aug 2, 1991

The Magnuson Act established an Exclusive Economic Zone (EEZ) (formerly known as the Fishing Conservation Zone) in the waters off the United States coastline. … Clearly, Florida may not now prohibit its citizens from engaging in the type of fishing that Congress and the Fishery Management Councils have allowed as not violating the Equal Protection Clause.

Dictiomatic, Inc. v. United States Fidelity & Guaranty Co.

127 F. Supp. 2d 1239 · District Court, S.D. Florida · Jun 15, 1999

The law is further well established that in order to recover lost profits, there must be an ongoing business with an established sales record and proven ability to realize profits at the established rate. … Pursuing this claim under clearly established law, with the undisputed facts in hand was so flagrant as to render this action “completely untenable” in the context of awarding frivolous suit fees.

Fontaine v. Secretary, Florida Department of Corrections

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

Sovereign immunity Sovereign immunity bars Plaintiff’s claim for economic damages against Defendants Inch, Colon, and the John Doe Officers in their official capacity … “Congress has not abrogated Eleventh Amendment immunity in 42 U.S.C. §§ 1981, 1983, or 1985 cases, and Florida has not waived its Eleventh Amendment immunity in federal civil rights actions.” Henry v. Fla.

Polo v. Bernstein

District Court, S.D. Florida · Sep 29, 2023

Further, as to Polo’s state-law claims, assuming his federal claims do not survive dismissal, Polo fails to set forth facts establishing the Court’s diversity jurisdiction. … Finally, although Polo has clearly attempted to pare down the dizzying array of overlapping and intermingled allegations and claims that were set forth in the first two versions of his pleading, despite the Court’s repeated

Kelly v. K.D. Construction of Florida, Inc.

866 F. Supp. 1406 · District Court, S.D. Florida · Oct 26, 1994

The plaintiff may establish a prima facie ease by either direct, circumstantial or statistical evidence. 7. … In order for the Plaintiff to establish a prima facie case for unlawful termination of employment through circumstantial evidence, she must prove the following: (1) she was a member of a protected group; (2) she was qualified

Chikovsky v. Ortho Pharmaceutical Corp.

832 F. Supp. 341 · District Court, S.D. Florida · Sep 23, 1993

In accordance with Supreme Court precedent, the Eleventh Circuit has enunciated clearly the method for allocating burdens in a summary judgment proceeding: The moving party bears the initial burden to show the district court … Bertman’s testimony, the plaintiffs cannot establish a genuine issue of material fact as to causation.

Bowe v. Public Storage

318 F.R.D. 160 · District Court, S.D. Florida · Apr 29, 2015

The parties do not dispute that this is an adequately defined and clearly ascertainable class. … And, clearly, Plaintiffs claim that the contracts were all breached in the same manner.

Mousa v. Lauda Air Luftfahrt, A.G.

258 F. Supp. 2d 1329 · District Court, S.D. Florida · Mar 31, 2003

Clearly, domestic employees based in the United States who worked ■for Lauda Air for a sufficient duration during the relevant time period are included in the jurisdictional count. … who is not a member of plaintiffs protected class was treated more favorably; and (iv) he was qualified for the job.

United States v. Cabrera-Sarmiento

533 F. Supp. 799 · District Court, S.D. Florida · Jan 11, 1982

The Court clearly stated that where criminal defendants are able to establish discrimination in violation of the fourteenth amendment, either the trial court will correct the error by quashing the indictment or the court … The exclusion from grand jury service of Negroes, or any group otherwise qualified to serve, impairs the confidence of the public in the administration of justice.

Bhim v. Rent-A-Center, Inc.

655 F. Supp. 2d 1307 · District Court, S.D. Florida · Sep 16, 2009

“The FAA establishes a ‘federal policy favoring arbitration ... requiring that [courts] rigorously enforce agreements to arbitrate.’ ” Davis v. … Under Florida law, “[a] promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.” Cintas Corp. No. 2 v.

Wilson v. Arellano

District Court, S.D. Florida · Aug 29, 2024

Feb. 26, 2019) (stating that a district judge “evaluate[s] portions of the [R&R] not objected to under a clearly erroneous standard of review” (quoting Davis v. Apfel, 93 F. Supp. 2d 1313, 1317 (M.D. … Relatedly, because Plaintiff’s Complaint describes the actions of on-duty police officers Plaintiff must allege facts to overcome qualified immunity, which Plaintiff has failed to do. Id. at 6.

Boe v. Garcia

District Court, S.D. Florida · Aug 15, 2024

from suit and claims of infringement of a legal interest which clearly does not exist,” or on “factual contentions” that “are clearly baseless,” like those that include “delusional scenarios”); cf. … Servs. of City of New York, 436 U.S. 658, 694 (1978), and officers sued in their individual capacities are liable under § 1983 for monetary damages when their conduct “violate[s] clearly established statutory or constitutional

Destin v. Brooks

District Court, S.D. Florida · Feb 27, 2023

It is well- established that “prosecutors enjoy absolute immunity for the initiation and pursuit of criminal prosecution. A prosecutor is absolutely immune from suit for malicious prosecution. . . . … Prosecutorial immunity even applies if the prosecutor acts in bad faith during the prosecution itself. See Rowe v.

Lorenzo v. Levy

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

Any amended complaint must allege sufficient facts establishing that each Defendant qualifies as an “employer,” as that term is defined by the FLSA. … Nov. 14, 2023) (noting that “[t]o establish subject matter jurisdiction under the FLSA, a plaintiff must establish some connection to interstate commerce” and that “either enterprise coverage or individual coverage

Florida Women's Medical Clinic, Inc. v. Smith

536 F. Supp. 1048 · District Court, S.D. Florida · Mar 12, 1982

They clearly run afoul of the standards articulated in Roe v. … An hematocrit and hemoglobin determination and a test for Rh factor must be performed in all cases. (2) Rhu(D) Immune Globulin (Human) shall be offered, within 72 hours after the abortion, to all patients who are Rh0(D) negative