Case law

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

Estate of Malkin v. Wells Fargo Bank, N.A.

379 F. Supp. 3d 1263 · District Court, S.D. Florida · Mar 29, 2019

The Malkins also executed a form providing that a trust was going to be established to hold insurance policies on Ms. Malkin's life. Id. at ¶ 84 . … Indeed, subsection (b) does more than establish a remedy for the Estate-it creates the Estate's right itself.

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).

Jarzynka v. St. Thomas University School of Law

310 F. Supp. 2d 1256 · District Court, S.D. Florida · Mar 23, 2004

The Defendants state that it is well established in Florida that a university is not liable in negligence for its academic and disciplinary decisions. (Mot. to Dismiss at 3.) … Soifer are subject to a qualified privilege. (Id. at 9.) Where an alleged defamatory statement is subject to a qualified privilege, the plaintiff must allege malice to proceed with his claim. (Id.)

Silva v. Baptist Health S. Fla., Inc.

303 F. Supp. 3d 1334 · District Court, S.D. Florida · Mar 30, 2018

To establish a right to compensatory damages pursuant to § 504 of the RA, Plaintiffs must prove: (1) that they are qualified individuals with a disability, (2) who were excluded from participation in or denied the benefits … Moreover, Liese, the deaf patient plaintiff, clearly informed hospital staff she could not read lips and that she did not understand the majority of her interactions with a specific doctor, Dr.

United States v. Harvey

560 F. Supp. 1040 · District Court, S.D. Florida · Feb 14, 1983

Additionally, affiant Sims unquestionably qualifies as an expert in the area of drug investigation. … Sims discusses surveillance, immunity, search warrants and the use of infiltrators.

Florida Evergreen Foliage v. E.I. Du Pont De Nemours

165 F. Supp. 2d 1345 · District Court, S.D. Florida · Aug 24, 2001

Thus, in order to establish proximate causation in a civil RICO action predicated on fraud, the purported victim must make the same showing of reasonable reliance that is required for establishing injury from common law fraud … Just as Plaintiffs could not establish, as a matter of law, justifiable reliance with respect to Plaintiffs’ fraud in the inducement claims, they also cannot establish, for the reasons set forth in the March 8, 2001 Order

Hawaiian Airlines, Inc. v. AAR Aircraft Services, Inc.

167 F. Supp. 3d 1311 · District Court, S.D. Florida · Mar 7, 2016

Rather, “[c]ross-motions must be considered separately, as each movant bears the burden of establishing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.” … The contracting parties’ intent to benefit the third party must be mutual, specific, and clearly expressed in order to endow a third-party beneficiary with a legally enforceable right. Id.

Bank Leumi Trust Co. of New York v. Lang

898 F. Supp. 883 · District Court, S.D. Florida · Jul 28, 1995

While this may not be fraud in the strict sense, such conduct appears to qualify for that description as it relates to a pursuing creditor; and clearly there was an effort to hinder or delay. … In an effort to establish his ties to Florida, Mr.

Jones, Sr. v. City of Palm Beach Gardens

District Court, S.D. Florida · Jun 16, 2022

However, such immunity remains if a plaintiff seeks to challenge the “exercise of basic governmental discretion, as opposed to the implementation of an already established policy.” See Lewis, 260 F.3d at 1262. … City of Orlando, 407 F.3d 1152, 1160 (11th Cir. 2005) (“Using deadly force in a situation that clearly would not justify its use is unreasonable under the Fourth Amendment.”).

Haggerty v. Upjohn Co.

950 F. Supp. 1160 · District Court, S.D. Florida · Dec 6, 1996

The Eleventh Circuit has recognized that, “a cause-effect relationship need not be clearly established by ... epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists. … However, it has been established through her in-eourt and deposition testimony that Dr.

In Re the Complaint of Anheuser-Busch, Inc.

742 F. Supp. 1143 · District Court, S.D. Florida · Jul 20, 1990

This condition was clearly reflected in the testimony of Charles Cindric, a corporate representative of Anheuser-Busch. In pertinent part, he testified at deposition to the following: Mr. … As a result, pursuant to the clear intent and spirit of 46 U.S.C.App. 186, Anheuser-Busch fails to qualify for any limitation of liability thereunder.

Ball v. City of Coral Gables

548 F. Supp. 2d 1364 · District Court, S.D. Florida · Apr 9, 2008

Acquittal or dismissal of the charges ... does not by itself establish improbability of the suit.” Phelan v. City of Coral Gables, 415 So.2d 1292, 1294 (Fla. 3d DCA 1982). … Bauder, 718 So.2d 781, 783 (Fla.1998) (finding a defendant officer was not collaterally estopped from raising a qualified immunity defense based on a criminal case where a motion to suppress was granted because the officer

Concerned Democrats of Florida v. Reno

493 F. Supp. 660 · District Court, S.D. Florida · Mar 26, 1980

It clearly has to figure in somewhere if the ultimate decision is, as the statute says, discretionary. The court also concludes that factual findings about plaintiffs can be relevant factors to consider. … In fact, plaintiff had to establish it was a valid and recognized partisan political organization before it had standing. 458 F.Supp. at 62 n.2.

Shaik v. Tokmedia Enterprises LLC.

District Court, S.D. Florida · Dec 22, 2024

Accordingly, the IFP Application is insufficient to establish that Plaintiff is entitled to proceed in forma pauperis absent additional information. See id. … Thus, in order to state a claim, a complaint must clearly state who the plaintiffs are and what relief each plaintiff seeks. The Complaint here fails to do so and therefore violates Rule 8. II.

Tyndell

District Court, S.D. Florida · Aug 19, 2026

Plaintiff offers no legal authority to suggest that there is precedent for finding that administrators in a federal housing program deprive an individual of a right, privilege, or immunity secured … However, because a TRO is “an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to all four elements”, Plaintiff’s conclusory allegations are not sufficient

Albright v. Union Bankers Insurance

105 F. Supp. 2d 1330 · District Court, S.D. Florida · Jul 17, 2000

After her hospitalization, Plaintiffs doctor established a home healthcare plan as defined in the Policy. (Id. at V.D). … The fourth element of equitable estoppel is also clearly met. Defendant does not contend that Plaintiff actually knew of the coverage limitation.

Akowskey v. Nationstar Mortgage LLC

District Court, S.D. Florida · Jan 5, 2023

May 22, 2007) (“A client's assertion of an advice of counsel defense also waives work product immunity as to all work product concerning the subject matter at issue other than pure legal opinion not communicated to the … Because I find that Financial Defendants waive attorney-client privilege by implication, I do not address the parties’ other arguments. 4 MTGLQ qualifies that it relied upon the full and honest disclosure by Selene

Ortiz v. City of Miami

District Court, S.D. Florida · Apr 14, 2022

Ortiz’s motion takes on the form of a listed summary of the cases the Court cited in its discussions of municipal liability, qualified immunity, and Ms. Ortiz’s conspiracy claim. Next to the cases, Ms. … Ortiz’s arguments in this section of her motion concern her allegations of a conspiracy and the Court’s discussion of qualified immunity. Both sets of arguments are disposed of by the Court’s conclusion that Ms.

Sinclair v. Florida Department of Corrections

District Court, S.D. Florida · Nov 3, 2022

Under that provision, a federal court may grant habeas relief from a state court judgment only if the state court’s decision on the merits was (1) contrary to, or an unreasonable application of, clearly established federal … July 26, 2019) (“Whether McGhee qualified for immunity from prosecution under Florida’s ‘Stand Your Ground’ law, is a question of state law.