Case law

Luna v. Walgreen Co.

575 F. Supp. 2d 1326 · District Court, S.D. Florida · Aug 22, 2008

To establish a prima facie case of discrimination under the ADA, a plaintiff must show that: (1) she is disabled; (2) she is a qualified individual, with or without reasonable accommodations; and (3) she was subjected to … See Response at 9 (“clearly Ms.

Charisma Investment Co. N v. v. Air Florida System, Inc.

68 B.R. 596 · District Court, S.D. Florida · Dec 15, 1986

Falco’s attestation, such does not render' the bankruptcy judge’s finding clearly erroneous. … The burden is on a creditor to establish that a transfer, determined to be preferential, falls within one of the exceptions listed in Section 547(c) of the Code. 5 .

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

Allegiance Healthcare Corp. v. Coleman

232 F. Supp. 2d 1329 · District Court, S.D. Florida · Nov 14, 2002

Coleman seeks dismissal of this claim because, first, the supposed trade secrets identified by Plaintiff in the complaint do not qualify as trade secrets under Florida’s Uniform Trade Secrets Act (“UTSA”). … After doing so, the court concluded that “the plain language clearly precludes common law claims based on a theory of misappropriation of trade secrets.

Robey v. JPMorgan Chase Bank, N.A.

343 F. Supp. 3d 1304 · District Court, S.D. Florida · Dec 4, 2018

Robey sent a RESPA 4 Qualified Written Request ("QWR") 5 to Chase Financial LLC's office in Jacksonville, Florida, requesting a full accounting of his Loan payments. Id. ¶ 38 & Ex. D. 6 Mr. … See Griffin Indus. , 496 F.3d at 1205-06 (reversing district court's denial of qualified immunity at motion to dismiss stage and noting that, in light of the 21 exhibits to the complaint, "[Plaintiff's] problem is not that

Clarendon America Insurance v. Burlington Insurance

677 F. Supp. 2d 1317 · District Court, S.D. Florida · Jun 4, 2009

Failed to hire personnel qualified to properly handle individuals causing disturbances and/or becoming unruly, aggressive, violent, dangerous, and/or threatening on its premises; or/or j. … The second argument is clearly validated by the undisputed material facts and would foreclose any claim by Plaintiff against Defendant Burlington, even if Plaintiff somehow had some right to recover under the Policy.

Petition of Chadade Steamship Co.

266 F. Supp. 517 · District Court, S.D. Florida · Apr 6, 1967

At the argument on the Committee’s motion, both parties presented expert testimony on Panamanian law by qualified Panamanian lawyers in open court. … The shipowner’s amended petition to limit liability and the testimony of experts for both parties establishes substantial agreement that Panama has codified the generally recognized principle of maritime law that a shipowner

Silver v. Countrywide Home Loans, Inc.

760 F. Supp. 2d 1330 · District Court, S.D. Florida · Jan 13, 2011

Silver signed the Mortgage Loan that clearly outlined the terms of the loan. … These are clearly statements of opinion and projections about future events, and as such do not constitute statements of existing material fact, which is a prerequisite for actionable fraud. 14 b.

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.

Lawrence v. Chapter 7 Trustee (In Re Lawrence)

251 B.R. 630 · District Court, S.D. Florida · Jul 31, 2000

As such, he does not qualify as even a necessary party under Fed.R.Civ.P. 19(b) standards, where “equity and good conscience” would nonetheless require the turn over to proceed without his joinder. … The Debtor has testified that he voluntarily established the Alleged Trust in 1991.

Kernal Records Oy v. Mosley

794 F. Supp. 2d 1355 · District Court, S.D. Florida · Jun 7, 2011

Thus, if AJE does not qualify as a “United States work,” it is exempt from the registration requirement of § 411(a). … Plaintiff claims it has demonstrated diligence and established good cause for the amendment.

Haitian Refugee Center, Inc. v. Smith

644 F. Supp. 382 · District Court, S.D. Florida · May 25, 1984

The court then explained that the $75.00 limit established by § 2412(d)(2)(A) is only a new factor to be considered in conjunction with the twelve factors established by Johnson . … The statute clearly rejects these two alternatives and expressly states that the starting point is to be the prevailing market rate.

Airplanes of Boca, Inc. v. United States Ex Rel. Federal Aviation Administration

254 F. Supp. 2d 1304 · District Court, S.D. Florida · Mar 14, 2003

John Boyle, the Palm Beach Arrival Radar controller who spoke to N269M, was fully qualified to serve as a full performance level radar controller in the position he occupied on the day of the accident, which was the South … The United States is also immune from liability pertaining to the staffing of the radar control room facility at Palm Beach Tower for the same reason.

Sephus v. Gozelski

670 F. Supp. 1552 · District Court, S.D. Florida · Apr 29, 1987

Elijah Hunter in fact qualifies as a family head for homestead purposes. … Because the establishment of legal title is a prerequisite to an ejectment action in Florida (see Byrd v.

Emrit v. University of Miami School of Law

District Court, S.D. Florida · Mar 6, 2023

“To state a discrimination claim under the ADA, a plaintiff must allege sufficient facts to plausibly suggest (1) that he suffers from a disability, (2) that he is a qualified individual, and (3) that a ‘covered entity’ … authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly

Vergara Hermosilla v. the Coca-Cola Co.

717 F. Supp. 2d 1297 · District Court, S.D. Florida · Jun 2, 2010

Because a “preliminary injunction is an extraordinary and drastic remedy,” it is “not to be granted until the movant clearly carries the burden of persuasion as to the four prerequisites.” … Thus, Vergara has shown he can establish a prima facie claim for infringement. 2.

Hames v. City of Miami

479 F. Supp. 2d 1276 · District Court, S.D. Florida · Mar 20, 2007

Finally, the Trust and DLA ask the Court to abstain given the nature of the ongoing proceedings in the state venue, and DLA argues that it should be dismissed under the doctrine of sovereign immunity. 4 Upon careful review … Without showing any sort of prejudice from the missing FBI agents, Plaintiff cannot establish a due process violation. See Lopez v.

Scruggs v. United States

959 F. Supp. 1537 · District Court, S.D. Florida · Mar 20, 1997

and donated it to the FAA to upgrade the FAA’s capabilities; (3) established a communications base within the RCO structure; (4) installed a collision avoidance electronic system; or (5) established restricted areas which … However, there are certain exceptions to the limited waiver of sovereign immunity such as the “discretionary function exception.” 28 U.S.C. § 2680 (a). 110.

Marcus v. Insurance Corporation of Miami-Dade County

District Court, S.D. Florida · Nov 20, 2023

is immune from arrest and prosecution because of his membership in a fictitious nation. … (“Plaintiff qualifies as a ‘three-striker’ based on his lengthy history of meritless, frivolous, and/or malicious lawsuits.”).

Darlow v. The City of Coral Springs

District Court, S.D. Florida · Jan 12, 2022

Defendants further maintained that Babineck is entitled to qualified immunity and the City is immune from suit because the Complaint failed to demonstrate that the alleged violations resulted from a long-standing custom … As to Count I against Babineck, the Court found that although he spoke as a private citizen on a matter of public concern, the Court was compelled to defer its determination of qualified immunity under Pickering v.