Case law

Siegel v. LePore

120 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).

Obiagwu

District Court, S.D. Florida · Sep 4, 2026

Finally, § 1915(e) requires the court to dismiss a complaint that “seeks monetary relief against a defendant who is immune from such relief.” See 28 U.S.C. … Coll., 77 F.3d 364, 367 (11th Cir. 1996) (“Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants

Galactic Towing, Inc. v. City of Miami Beach

274 F. Supp. 2d 1315 · District Court, S.D. Florida · Dec 31, 2002

In plaintiffs’ view, these facilities requirements impose substantial barriers to market entry by new businesses insofar as they increase the cost of qualifying to participate in the City’s exclusive towing programs. … This requirement is clearly the exercise of Miami Beach's traditional police power over public safety.

Aarras v. Doral

169 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).

O'Brien v. J.I. Kislak Mortgage Corp.

934 F. Supp. 1348 · District Court, S.D. Florida · May 9, 1996

Under such conditions, commonality cannot exist and individualized issues clearly overshadow the issues in common. … These suits clearly threaten the survival of the home mortgage market.

Pipino v. Delta Air Lines, Inc.

196 F. Supp. 3d 1306 · District Court, S.D. Florida · Jul 18, 2016

On the cited page of Tse's deposition, Tse clearly testifies that she heard the radio conversation and walked over to the scene. (DE 40-6 at 29:14-18.) … (DE 57 at 4) (“Pipino clearly states she had a panic attack, but not physical injury."). . Champion only mentions injuries, but it appears illnesses also qualify. See Abril, 969 So.2d at 206 ; Kush, 616 So.2d at 422 . .

Corbin v. Town of Palm Beach

996 F. Supp. 2d 1275 · District Court, S.D. Florida · Jan 23, 2014

A plaintiff establishes a prima facie case of ADA discrimination by showing that he has (1) a disability; (2) was qualified to perform the job and (3) was discriminated against based upon that disability. Cleveland v. … In moving for summary judgment, Plaintiff argues that he is a qualified individual with a disability and Defendant’s policies screened him from using a benefit to which he was entitled, and that Defendant failed to establish

Griffin v. McNeil

667 F. Supp. 2d 1340 · District Court, S.D. Florida · Oct 15, 2009

Therefore, this Court reviews Griffin’s Amended Petition for whether the state courts’ actions “were contrary to, or an unreasonable application of, clearly established federal law” or whether the state courts engaged in … Notwithstanding, even if the claim were not barred, the application of Florida’s felony murder aggravating circumstance is not an unreasonable application of clearly established law.

Commodity Futures Trading Commission v. Mass Media Marketing, Inc.

156 F. Supp. 2d 1323 · District Court, S.D. Florida · Mar 20, 2001

Id. *1330 The facts of Wrigley are inapposite to the facts in this case because the Court is determining a business’ tax immunity pursuant to an immunity provision contained in the Interstate Commerce Tax Act. … As stated earlier, the first step in the Chevron framework requires the Court to ascertain whether Congress clearly expressed its intent in the Act’s language.

Ramco International, Inc. v. Travex Corp.

531 F. Supp. 796 · District Court, S.D. Florida · Feb 11, 1982

Plaintiffs’ former complaint contained counts for specific performance, conversion, breach of contract, and to establish two constructive trusts. … In Colgate an express or implied agreement was essential to establish a combination.

Alumni Cruises, LLC v. Carnival Corp.

987 F. Supp. 2d 1290 · District Court, S.D. Florida · Dec 12, 2013

To qualify for this type of standing, an organization must establish that (1) at least one of its members would have standing to bring an individual claim regarding the challenged practice; (2)the interests that the organization … scheme established by Congress.”

Khoury v. Miami Dade County

District Court, S.D. Florida · Oct 27, 2020

But the Florida Supreme Court reversed, explaining that the county is “immune as a matter of law only if the acts are so extreme as to constitute a clearly unlawful usurpation of authority.” Id. at 733. … Indeed, this case hews much more closely to McGhee and Valdes than the egregious examples of brutality cited by the County, in which bad faith was conclusively established by the pleadings.

Arnold v. Commodity Futures Trading Commission

987 F. Supp. 1463 · District Court, S.D. Florida · Oct 21, 1997

Plaintiffs clearly meet the requirement of Kabeller and TRAC that the relief sought will affect the future jurisdiction of the court of appeals. … Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), the Supreme Court examined the immunity of federal executive officials performing adjudicatory and prosecutorial functions.

Klayman v. Judicial Watch, Inc.

22 F. Supp. 3d 1240 · District Court, S.D. Florida · May 23, 2014

The statement does not qualify as defamation per se under the first example. … See Five for Entm’t, 2013 WL 4433420 , at *6 (“Because Plaintiffs have not clearly established that Bal-diri, or any other Defendant, made the statements contained in the third-party web posts, Plaintiffs have not established

American United Life Insurance v. American United Insurance

731 F. Supp. 480 · District Court, S.D. Florida · Feb 8, 1990

Clearly, these words are not descriptive nor generic of insurance. … ESTOPPEL BY VIRTUE OF INCORPORATION AND LICENSING Defendant contends that its incorporation by the state of Florida and its licensing by the Florida Department of Insurance grants defendant immunity from suit.

American Dog Owners Ass'n v. Dade County, Fla.

728 F. Supp. 1533 · District Court, S.D. Florida · Nov 30, 1989

Clearly there are some applications of this ordinance that are valid. The ordinance purports to regulate pit bull ownership. … These people have clearly had notice that their dogs are subject to regulation by the ordinance.

Tobkin v. Florida Bar

509 B.R. 731 · District Court, S.D. Florida · Jan 10, 2014

Tobkin relies on the fact that the Florida Bar admitted in a request for admission that it is not a governmental “entity” to establish that it is not a governmental unit for purposes of this appeal. … He argues, (1) “[e]ven if the Florida Bar were deemed a valid governmental unit, then the Florida Bar waived sovereign immunity by filing its proof of claim in Tobkin’s bankruptcy case,” and (2) the Bankruptcy Court erred

3V Capital Master Fund Ltd. v. Official Committee of Unsecured Creditors of Tousa, Inc. (In Re Tousa, Inc.)

444 B.R. 613 · District Court, S.D. Florida · Feb 11, 2011

However, regardless of which party had the burden of producing evidence of indirect benefits, the evidence taken as a whole clearly established that there were no significant indirect benefits .... … Berkowitz was uniquely qualified to offer such testimony.

Calvo v. B & R Supermarket, Inc.

63 F. Supp. 3d 1369 · District Court, S.D. Florida · Oct 28, 2014

The managerial exemption will apply so long as Plaintiffs primary duty is management, which it clearly was even if Beltran as the “first assistant. … Plaintiff clearly satisfies this element of the managerial exemption test. 4.

Hardemon

District Court, S.D. Florida · Jul 20, 2026

In November 2025, we granted the Defendants’ Motion to Dismiss [ECF No. 17], finding that legislative immunity shielded Hardemon from suit, that the Plaintiff failed to establish Monell liability, and that the Plaintiff … House of Reps., 469 F.3d 328, 338 (3d Cir. 2006)), because, “as a matter of policy[,] those low- and middle-income residents of District 3 who qualify for the Program will still be waiting for those lots to be developed