Case law

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.

Taylor v. Novartis Pharmaceuticals Corp.

506 B.R. 157 · District Court, S.D. Florida · Jun 27, 2013

A pending lawsuit seeking monetary compensation qualifies as an asset. Id. (citing Parker v. Wendy’s Int’l, Inc., 365 F.3d 1268 (11th Cir.2004)). … The mere fact that Plaintiff discussed his bankruptcy in this case, nearly two years after his discharge was entered, does not establish that his failure to disclose the bankruptcy back in 2010 was inadvertent.

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.

Mendoza v. Discount C.V. Joint Rack & Pinion Rebuilding, Inc.

101 F. Supp. 3d 1282 · District Court, S.D. Florida · Apr 21, 2015

of interstate commerce was established by the test we have described, he is covered by the [FLSA]”). … [Id. at pp. 40-41], The economic reality is clearly that Torres-Visaez, Discount’s owner and president, maintains operational control over Discount.

Gordon v. Leatherman

325 F. Supp. 494 · District Court, S.D. Florida · Mar 23, 1971

This incursion is made with reluctance but under the teaching of Zwickler 1 and its progeny it is clearly indicated. … Beginning in 1951 with the Richard 7 case the Florida courts have clearly established that the courts have the authority to determine, upon motion for an injunction, whether the grounds stated in the recall petition are sufficient

Gray v. Kohl

568 F. Supp. 2d 1378 · District Court, S.D. Florida · Jun 18, 2008

Such “[u]ncertain meanings inevitably lead citizens to ‘steer far wider of the unlawful zone’ ... than if the boundaries of the forbidden areas were clearly marked.” Grayned, 408 U.S. at 109, 92 S.Ct. 2294 . … A legislature enacting a penal statute must “establish minimal guidelines to govern law enforcement.” Kolender, 461 U.S. at 358 , 103 S.Ct. 1855 (quoting Smith v.

Woodburn v. State of Florida Department of Children & Family Services

859 F. Supp. 2d 1305 · District Court, S.D. Florida · Apr 17, 2012

, the defendant-unlawfully-harmed-me accusation” (citing Twombly, 550 U.S. at 555 , 127 S.Ct. 1955 )). b. § 1983; Private Entities as State Actors As the Court stated in its previous order, for § 1983 purposes, Our Kids qualifies … Motion to Dismiss Count VI as to Our Kids In the Motion, the Defendants argue that the Court should dismiss Count VI without prejudice because the claim fails to clearly distinguish which allegations in the claim are alleged

United Food Mart, Inc. v. Motiva Enterprises, LLC

404 F. Supp. 2d 1344 · District Court, S.D. Florida · Sep 29, 2005

Umbeck stated that a consulting firm, MPSI, performed such a study for Motiva in order for Motiva to establish its zone area pricing system. According to Dr. … Those stations that are within 2 miles distance on the same thoroughfare, of the same brand, are clearly in direct competition for customers. 7 (Id. at 4-5.) Dr.

Woods v. Reeve

District Court, S.D. Florida · Apr 20, 2022

In the case of the financial worth discovery pursuant to Interrogatory No. 10, Defendants also argue that, even if relevant, the request is premature before qualified immunity is decided2 as well as overbroad in seeking … Defendants contend that their pending Joint Motion to Dismiss (which argues qualified immunity) is a basis for the Court to grant a protective order.

LaChase v. Trump Administration

District Court, S.D. Florida · Jul 31, 2020

However, liberal construction cannot serve as a substitute to establishing a valid cause of action. See GJR Invs., Inc. v. Cty. of Escambia, 132 F.3d 1359, 1369 (11th Cir. 1998). … Therefore, Congress has not waived the Federal Government’s sovereign immunity with regard to ADA claims.”) (citations omitted).

United States v. McKay

506 F. Supp. 2d 1206 · District Court, S.D. Florida · Mar 13, 2007

However, where it is clear that a specific defendant had no part in or knowledge of the procurement of a given piece of forfeitable property, that defendant can be immune from vicarious liability for that amount. … It follows, therefore, that the proceeds of *1215 that crime subject to forfeiture, namely Michael McKay’s salary, are clearly differentiated from the proceeds of the remaining crimes for which Robert McKay was adjudged guilty

Reese v. Miami-Dade County

210 F. Supp. 2d 1324 · District Court, S.D. Florida · Jul 2, 2002

First, any provision requiring governmental agencies to “affirmatively further fair housing” is clearly intended to benefit, among others, individuals such as the Plaintiffs in this case. … The County Defendants' argument that QHWRA does not establish an enforceable private cause of action is stated in conclusoiy fashion and is unsupported by cases or any other citation.

United States v. Searcy

299 F. Supp. 2d 1285 · District Court, S.D. Florida · Dec 17, 2003

Stat. § 800.04 6 *1290 qualified as a crime of violence under USSG § 4B1.1). … Consequently, the Kansas conviction also qualifies as a crime of violence.

Alboniga v. School Board of Broward County Florida

87 F. Supp. 3d 1319 · District Court, S.D. Florida · Feb 10, 2015

Lader, 185 F.3d 1203, 1207 (11th Cir.1999) (“To establish a prima facie case of discrimination under the [Rehabilitation] Act an individual must show that (1) he has a disability; (2) .he is otherwise *1338 qualified for … Aug. 24, 2007) (“If establishing discrimination by failure to make reasonable accommodation, a plaintiff must merely show that (1) he was disabled, (2) he was otherwise qualified, and (3) a reasonable accommodation was not

Lakeshore Technical College v. Anthology Inc

District Court, S.D. Florida · May 30, 2025

. § 38.02 (“There is established under this chapter a system of technical colleges . . . .”). … Under federal law, “a forum selection clause will be enforced unless it can be clearly shown ‘that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching.’

Bouton v. Ocean Properties, Ltd.

322 F.R.D. 683 · District Court, S.D. Florida · Sep 27, 2017

Adequately Defined and Clearly Ascertainable C. … “Before a district court may grant a motion for class certification, a plaintiff seeking to represent a proposed class must establish that the proposed class is ‘adequately defined and clearly ascertainable.’ ” Randolph v

Friedman v. Fidelity Brokerage Services LLC.

District Court, S.D. Florida · Jul 31, 2020

First, Plaintiff’s claims against Judge Speiser fail as a matter of law because Judge Speiser is entitled to judicial immunity. … “Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction[.]” Pierson v. Ray, 386 U.S. 547, 553–54 (1967).

Kingcade v. Parker

949 F. Supp. 2d 1232 · District Court, S.D. Florida · Jun 13, 2013

Similarly, Judge White recommends denying the Motion to File Sur-Reply, as it also raises the same inadequate arguments, which fail to establish administrative remedies were unavailable to Kingeade. (See id.). … (B) the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915 (e)(

Mamani v. Berzaín

309 F. Supp. 3d 1274 · District Court, S.D. Florida · Feb 14, 2018

Evid. 803(6) requires the testimony of a custodian or other qualified witness who can explain the record-keeping *1297 procedure utilized."). … Islamic Republic of Iran , 190 F.Supp.3d 138 (D.D.C. 2016), were decided under the Foreign Sovereign Immunities Act (FSIA), which waives a foreign states' immunity from suit in cases seeking money damages "against a foreign

Brown v. Barnhart

410 F. Supp. 2d 1287 · District Court, S.D. Florida · Jan 23, 2006

In doing so, the ALJ ascertained that Claimant’s desk clerk job qualified as past relevant work and sedentary work. … When he was there, Claimant testified quite clearly that he was able to do the work. (Tr. 41-42, 54).