Case law
Opinions from 1658 to today.
2,119 results
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Powers v. Government Employees Insurance
192 F.R.D. 313 · District Court, S.D. Florida · Dec 17, 1998
It is undisputed that Plaintiffs attorney is qualified, experienced and will competently and vigorously prosecute the suit. … The foregoing analysis demonstrates that the threshold requirements of numerosity, commonality, typicality and adequacy are clearly satisfied by such a class.
Cited 28 timesPublishedRichitelli v. United States Postal Service
District Court, S.D. Florida · Feb 22, 2023
“The FTCA waives the United States’ sovereign immunity from suit in federal courts for its employees’ negligence.” Foster Logging, Inc. v. … On the other hand, Plaintiff, who lives very close to the Premises, see SMF ¶ 3 (undisputed), clearly testified that while she thought it was going to rain because it was dark outside, it had not rained, and she did not
Cited 0 timesUnknownMiller v. Miami Prefabricators, Inc.
438 F. Supp. 176 · District Court, S.D. Florida · Sep 9, 1977
Clearly this applies to new employment and is different from an employee who is seeking promotion. … Transworld Airlines, supra, concerned the violation inquiry, and established that the application of a bona fide seniority system cannot, under Evans , result in a present violation of Title VII because of a refusal to hire
Cited 14 timesPublished550 F. Supp. 1112 · District Court, S.D. Florida · Nov 4, 1982
The testimony on proffer clearly shows that the two identified interests were not considered by the Florida Legislature prior to enactment of the Medical Practice Act. … Scheinberg, qualified as an expert witness, these approximate percentages reflect at least the Florida percentages in 1979, the time at which this statute was pássed. In fact, Dr.
Cited 3 timesPublishedDistrict Court, S.D. Florida · Jun 13, 2024
Pursuant to the “legal fiction established in Ex Parte Young,” Alabama v. … as true, indisputably establishes the factual foundation of the defense.”
Cited 0 timesUnknownDistrict Court, S.D. Florida · May 25, 2022
established Fourth Amendment protections against excessive force. … Sovereign immunity therefore attaches to the claims against Miami-Dade [County].”).
Cited 0 timesUnknown552 F. Supp. 909 · District Court, S.D. Florida · Dec 16, 1982
of qualified Black contractors, and whether it was feasible to establish a Black *920 prime contractor set-aside and Black subcontractor participation goals. … foster participation of qualified Black contractors and subcontractors in the contract work.
Cited 7 timesPublished519 F. Supp. 623 · District Court, S.D. Florida · Jul 29, 1981
In sum, under the circumstances of this case, the decisional law clearly indicates that the explosive at issue qualifies as a destructive device. B. … While no formal agreement nor direct evidence is necessary to establish a conspiracy, Hamling v.
Cited 0 timesPublishedBanco De Desarrollo Agropecuario, S.A. v. Gibbs
640 F. Supp. 1168 · District Court, S.D. Florida · Aug 1, 1986
Acts that are part of the same scheme or transaction can qualify as distinct predicate acts. … This falls short of establishing probable cause.
Cited 13 timesPublishedDWFII Corp. v. State Farm Mutual Automobile Insurance
271 F.R.D. 676 · District Court, S.D. Florida · Dec 10, 2010
Rule 23(a) contains an implicit, threshold requirement that the proposed class be “adequately defined and clearly ascertainable.” See, e.g., Rink v. … Short, 433 F.2d 733, 734 (5th Cir.1970) (“It is elementary that in order to maintain a class action, the class sought to be represented must be adequately defined and clearly ascertainable.”)). 8 Rule 23(a) further contains
Cited 6 timesPublishedReyes v. BCA Fin. Servs., Inc.
312 F. Supp. 3d 1308 · District Court, S.D. Florida · May 14, 2018
The petitioner argued that the FCC erred because "debt collectors use predictive dialers to call specific numbers provided by established customers." Id. at 566 . … be dialed, or can it so qualify even if it lacks that capacity?
Cited 15 timesPublishedBankAtlantic v. Coast to Coast Contractors, Inc.
22 F. Supp. 2d 1354 · District Court, S.D. Florida · Jan 13, 1998
This association is clearly sufficient to qualify as an enterprise pursuant to 18 U.S.C. § 1961 (4). … It is clear from these pleas that an agreement to defraud BankAtlantic has been established as a matter of law.
Cited 3 timesPublishedHazel v. School Bd. of Dade County, Fla.
7 F. Supp. 2d 1349 · District Court, S.D. Florida · May 8, 1998
Hazel must allege facts which establish that she was “deprived of a job benefit which she was otherwise qualified to receive because of the employer’s use of a prohibited criterion in making the employment decision.” … ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
Cited 12 timesPublished590 F. Supp. 2d 1378 · District Court, S.D. Florida · Sep 29, 2008
However, the Respondent has submitted documents to this Court that clearly support the Petitioners’ position on this claim. … Tax Court and the 2006 affirming Order by Eleventh Circuit, which clearly indicate that the November 13, 2001 assessments were valid.
Cited 0 timesPublished459 F. Supp. 2d 1255 · District Court, S.D. Florida · Oct 17, 2005
Defendant Karim also contends that TRI’s product does not qualify as a “biological product” under the FDCA. … As the Government points out, the Supreme Court has squarely held that the First Amendment “does not prohibit the evidentiary use of speech to establish the elements of a crime or to prove motive or intent.”
Cited 1 timesPublished464 F. Supp. 350 · District Court, S.D. Florida · Feb 1, 1979
Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976) held that the elementary principles of the Eighth Amendment establish the government’s obligation to provide medical care for those whom it is punishing by incarceration … Moreover, State officials such as these possess a qualified immunity from damages, Procunier v. Navarette, 434 U.S. 555, 562 , 98 S.Ct. 855, 860 , 55 L.Ed.2d 24 (1978).
Modified by Robert Parker v. A. F. Cook, Individually and in His Capacity as Superintendent of Glades Correctional Institute, 642 F.2d 865 (1981)Cited 1 timesPublishedNews and Sun-Sentinel Co. v. Cox
702 F. Supp. 891 · District Court, S.D. Florida · Dec 19, 1988
Clearly, the selling of newspapers constitutes a commercial activity. … The discussion, however, clearly involved Fla.Stat. sec. 337.406.
Cited 13 timesPublished187 F. Supp. 625 · District Court, S.D. Florida · Sep 15, 1960
Allen, at his own expense, visited numerous persons in prospective destination areas in order to establish this system. … Allen was clearly the common denominator, all organizational threads running to him.
Cited 10 timesPublished169 F. Supp. 3d 1337 · District Court, S.D. Florida · Mar 15, 2016
Whether a defendant is a plaintiffs employer is a question of law, and can be determinative because the FLSA’s protections do not apply in the absence of a qualifying employer-employee relationship. See Freeman v. … Providing such banquet and food and beverage services to guests of the TND for group functions held at the hotel would clearly be an integral part of the business.” (Resp.18).
Cited 0 timesPublished120 F. Supp. 2d 1041 · District Court, S.D. Florida · Nov 13, 2000
Under our caselaw, “[a] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established] the ‘burden of persuasion’ as to the four requisites.” Id. … In addition, "[a]ny candidate, qualified elector, or taxpayer presenting such a contest to a circuit judge is entitled to an immediate hearing”. Fla. Stat. § 102.168 (7).
Cited 10 timesPublished
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