Case law

Hernandez v. Medows

209 F.R.D. 665 · District Court, S.D. Florida · Aug 26, 2002

The burden is on the Plaintiffs to clearly “allege facts demonstrating that he is a proper party with standing to invoke judicial resolution of a dispute.” Anderson v. … Documents provided by the Defendant establish that plaintiff class numbers are in the thousands.

Dantzler, Inc. v. PNC Bank, National Ass'n

946 F. Supp. 2d 1344 · District Court, S.D. Florida · May 20, 2013

Dantzler contends PNC’s argument is misleading as' PNC “never clearly communicated” that it had waived the Excess Loan Availability requirement. (Resp. 3). … The present case does not involve the general ability to qualify for a private mortgage, as was at issue in Azar. See id. .

Allapattah Services, Inc. v. Exxon Corp.

372 F. Supp. 2d 1344 · District Court, S.D. Florida · May 18, 2005

I held that the jury’s verdict established that Exxon had failed to provide any offset to any dealer throughout the damage period, that Plaintiffs had properly established class-wide breach, and that the cents per gallon … Hear me clearly. [January 27, 2005 Transcript, pages 10-11 (emphasis added) ].

Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel

546 F. Supp. 919 · District Court, S.D. Florida · Jul 2, 1981

At the least, the Court has qualified in rem jurisdiction. … Suffice it to say, the testimony established clearly the inherent dangers of these opposing salvage groups confronting each other in an area which represented the injuncted area in size.

Madaio, Christopher v. United States

District Court, S.D. Florida · May 13, 2025

He has thus failed to establish any affirmative causal connection between these Defendants’ actions and Plaintiff’s alleged injuries. See Brewer v. Morgan, No. 16- CV-457, 2016 WL 6987034, at *2 (N.D. Fla. … or employment, if such State has not waived its sovereign immunity[.]” 42 U.S.C. § 2000aa- 6(a)(1)–(2) (alterations added).

Agan v. Katzman & Korr, P.A.

328 F. Supp. 2d 1363 · District Court, S.D. Florida · Jul 16, 2004

Carneal’s correspondence prior to the request for an estoppel letter clearly states that verification of the debt is being sought. … Committee Notes (“A party should not be able to immunize from admissibility documents otherwise discoverable merely by offering them in a compromise negotiation.”); Bankcard, 203 F.3d at 484 (“[Rule 408] permits evidence

Smith v. James

District Court, S.D. Florida · Apr 25, 2025

Then, as a matter of summary judgment, the Court found Defendant entitled to final judgment as a matter of law on Plaintiff’s claims for malicious prosecution and false arrest but denied qualified immunity for the officers … Southern District of Florida Local Rule 7.3 is a “court order” within the meaning of Federal Rule of Civil Procedure 54 and, thus, establishes the requirements for filing a motion for attorney’s fees or costs.

Bledsoe v. Palm Beach Soil & Water Conservation District

942 F. Supp. 1439 · District Court, S.D. Florida · Oct 17, 1996

“Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Product Safety Comm’n v. … (b)(1) For purposes of this part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program,

Sarria v. United States

866 F. Supp. 2d 1369 · District Court, S.D. Florida · Oct 18, 2011

“[BJecause Padilla followed directly from Strickland and long-established professional norms, it is an ‘old rule’ for Teague purposes,” and the Third Circuit found it applied retroactively. Id. at 641. … Additionally, as the Seventh Circuit noted, “if Padilla is considered an old rule, it is hard to imagine an application of Strickland that would qualify as a new rule.” Chaidez, 655 F.3d 684, at 692-93 .

Liu v. University of Miami

138 F. Supp. 3d 1360 · District Court, S.D. Florida · Aug 28, 2015

This framework involves three steps: (1) the plaintiff has to establish a prima facie case of discrimination; (2) if plaintiff establishes a prima facie case, then the burden shifts to the employer to articulate a legitimate … To establish a prima facie case of discrimination, Plaintiff has to prove four elements: (1) that she belongs to a protected class; (2) she was qualified to do the job; (3) she was subjected to adverse employment action;

Bagwell v. Florida Broadband, LLC

385 F. Supp. 2d 1316 · District Court, S.D. Florida · Jul 22, 2005

Plaintiff was also applying systems analysis techniques and procedures, including consulting with users, “to determine hardware, software, or system functional specifications.” *1328 Employees who qualify for the computer … Also, the total hours of nonexempt work under the definition of “executive” together with the hours of work which would not be exempt if he were clearly an outside salesman, must not exceed either 20 percent of his own time

Restricted Filer - Montford v. Pryor, Jr.

District Court, S.D. Florida · Nov 15, 2024

Clearly, parties are not to be afforded a ‘second bite at the apple’ when they file objections to a R & R.” Marlite, Inc. v. Eckenrod, 2012 WL 3614212, at *2 (S.D. Fla. Aug. 21, 2012) (quoting Camardo v. Gen. … Further, it is well established that judges are immune from civil actions challenging their judicial acts. Smith, 2015 WL 13710107, at *1; Bush v. Washington Mut. Bank, 177 F. App’x 16, 17 (11th Cir. 2006).

Lofton v. Butterworth

93 F. Supp. 2d 1343 · District Court, S.D. Florida · Apr 21, 2000

Each plaintiff must therefore clearly delineate, and ultimately establish, an injury (or threat of injury) that is both real and immediate. It cannot be an injury that is abstract, conjectural, or hypothetical. … of city contracts, had standing to challenge the ordinances, notwithstanding that they had not submitted a bid for a city contract after the enactment of the ordinances or been denied a contract that was set aside for a qualified

Rubenstein v. Florida Bar

69 F. Supp. 3d 1331 · District Court, S.D. Florida · Nov 20, 2014

Plaintiffs have clearly demonstrated a very real threat of prosecution for engaging in their advertisement of past results. 2. … Hardship Is Not A Factor Here “[I]f a dispute otherwise qualifies as fit for review, any lack of hardship is irrelevant.” Eternal Word Television Network, Inc. v.

Securities and Exchange Commission v. Prager Metis CPAs, LLC

District Court, S.D. Florida · May 29, 2024

Instead, as noted in the preamble to Rule 2-01: “Section 210.2-01 is designed to ensure that auditors are qualified and independent of their audit clients both in fact and in appearance.” 17 C.F.R. § 210.2-01; cf. … As the allegations relay, published SEC guidance, since as early as 1982, has clearly telegraphed the SEC’s concerns that indemnity provisions impair public-auditor independence. (Compl. ¶¶ 28, 30, 32.)

Singer v. AT & T Corp.

185 F.R.D. 681 · District Court, S.D. Florida · Mar 4, 1998

Singer clearly alleges a common scheme of fraudulent conduct. … It is well-established that consideration of choice of law issues at the class certification stage is generally premature.

United National Insurance Company v. Blue Lagoon Condominium Association, Inc.

District Court, S.D. Florida · Sep 21, 2023

The Clerk’s Entry of Default Both requirements of the two-step procedure explained above are clearly met here. First, Blue Lagoon was timely served as of June 28, 2023. … , power or privilege, or as to some fact upon which the existence of such right, status, immunity, power or privilege does or may depend; (3) the plaintiff is in doubt as to the right, status, immunity, power or privilege

Continental Group, Inc. v. KW Property Management, LLC

622 F. Supp. 2d 1357 · District Court, S.D. Florida · Apr 22, 2009

If the employer can establish its prima facie case, the burden shifts to the employee to show that the restriction is overbroad, overlong, or otherwise not reasonably necessary to protect the established interests of the … Additionally, when the employer establishes a legitimate business interest, irreparable injury must be presumed and the burden shifts to the employee to establish the absence of such injury. Fla.

Faye L. Roth Revocable Trust v. UBS Painewebber Inc.

323 F. Supp. 2d 1279 · District Court, S.D. Florida · Mar 30, 2004

This event is clearly sufficient to put a reasonable person on notice that the company was not solid financially. … Further, it clearly stated that it was exempt because it was not a public offering. Id.

Joseph v. Publix Super Markets, Inc.

983 F. Supp. 1431 · District Court, S.D. Florida · Aug 29, 1997

In this Circuit, the liability *1441 of an employer may only be established in one of two ways. … The Court finds that Joseph has failed to prove, by a preponderance of the evidence, that she was qualified for the position of stock clerk.