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Summary: 526 F. Supp. 2d 1236 (2007) Alan HOROWITCH, Plaintiff, v. DIAMOND AIRCRAFT INDUSTRIES, INC., Defendant. Dispositive Motion For Partial Summary Judgment And Memorandum Of Law In Support Thereof of Plaintiff Alan Horowitch (Doc. Motion For Summary Judgment And Memorandum Of Law In Support of Defendant Diamond Aircraft Industries, Inc. (Doc. Response To Plaintiffs Summary Judgment Motion of Defendant Diamond Aircraft Industries, Inc. (Doc. Response to Diamond Aircraft Industries, Inc.'s Motion For ......read more.


Summary: 104 F. Supp. 2d 1361 (2000) TIMES PUBLISHING COMPANY, Plaintiff, and Media General Operations, Inc., d/b/a The Tampa Tribune, Intervenor/Plaintiff, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant. Statement of Case and Factual Background Times Publishing Company ("The Times") and Media General Operations, Inc. d/b/a The Tampa Tribune ("The Tribune"), bring this case under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to require Defendant, the United States Department of Commerce ("......read more.


Summary: 352 F. Supp. 76) for partial summary judgment and asserts that HPS's failure to honor the arbitral award constitutes breach of an arbitration agreement. In August, 1997, following arbitration proceedings and pursuant to the arbitration agreement, the arbitration panel entered a "Decision and Award" (the "award"), which both determines that HPS's termination of the Special General Agent Agreement was "impermissible" and requires HPS to pay IMS a monthly commission. 76) for partial summary judgmen......read more.


Summary: 852 F. Supp. Zardui-Quintana v. Richard, 768 F.2d 1213, 1216 (11th Cir.1985). (quoting United States v. Jefferson County, 720 F.2d 1511, 1519 (11th Cir.1983). United States v. Jefferson County, 720 F.2d 1511, 1520 (11th Cir.1983) (quoting Sampson v. Murray, 415 U.S. 61, 90, 94 S. Ct. 937, 952, 39 L. Ed. and Loan Ass'n v. Way, 757 F.2d 1176 n. 1 (11th Cir.)[1]Dieter v. B & H Industries of Southwest Florida, Inc., 880 F.2d 322, 328 (11th Cir.1989), cert. and Loan Ass'n, 757 F.2d at 1179. Dieter, 8......read more.


Summary: 855 F. Supp. The benefits in question were denied by Metropolitan Life Insurance Company ("MetLife") as exceeding the reasonable and customary charges for similar services. The issue presented is whether these charges should have been paid under the terms of the Harris Corporation ("Harris") medical plan of which Plaintiff was a Plan Participant. See Byrd v. MacPapers, Inc., 961 F.2d 157, 160 (11th Cir.1992) (Eleventh Circuit precedent requires employees to exhaust ERISA administrative procedure......read more.




Summary: 928 F. Supp. 1153 (1996) Edward Keith WHITE, Plaintiff, v. FLORIDA HIGHWAY PATROL, A DIVISION OF FLORIDA DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES, Bobby R. Burkett, David Kelly, Ronald D. Getman, Bruce A. Takach, James R. Motes, Dean Cassels and Willie Strickland, and Ten Unknown Officers of the Florida Highway Patrol, in their official and individual capacities, Defendants. Sofarelli v. Pinellas County, 931 F.2d 718, 721 (11th Cir.1991). 2d 209 (1986); Beck v. Interstate Brands Corp., 953 F.2d ......read more.


Summary: 715 F. Supp. Edward F. Gerace, Tampa, Fla., for plaintiff. On March 31, 1988, this Court issued a memorandum opinion which found: *1070 1) that Defendant was estopped from asserting the passage contract ticket limitations argument based on equity and good conscience; 2) that Defendant breached its duty of care and was negligent in maintaining the area of the ship where Plaintiff's injury occurred; 3) that Plaintiff was entitled to reimbursement of medical costs in the amount of $3,657.60; 4) tha......read more.


Summary: 658 F. Supp. 2d 1372 (2009) Teresa DEVORE, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, a New Jersey corporation d/b/a Stryker Orthopaedics; Orthopedic Solutions, Inc., d/b/a Stryker South Florida Agency, Defendants. Defendants Howmedica Osteonics Corporation d/b/a Stryker Orthopaedics ("HOC") and Orthopedic Solutions, Inc. d/b/a Stryker South Florida Agency ("Orthopedic Solutions") oppose remand on the grounds that Devore has both understated her damages demand and fraudulently joined Orthope......read more.


Summary: 616 F. Supp. *1252 Aaron A. Barlow, John J. Molenda, Michael F.. Buchanan, Daniel J. Schwartz, Harry J. Roper, Timothy J. Barron, Jenner & Block, LLP, Chicago, IL, William F. Cavanaugh, Jr., Patterson, Belknap, Webb & Tyler, New York, NY, for Plaintiff and Counterclaim Defendant. Specifically, the Court has considered the matters raised by the parties in the following papers: CIBA Vision Corporation's Brief On Issues Left Open By Court's Summary Judgment Order (Doc. I. Reconsideration or Clarifi......read more.




Summary: 474 F. Supp. This suit was instituted by migratory school children attending Groveland Junior/Senior High School against local and state education officials[1] alleging that the educational programs provided them are in violation of their constitutional and statutory rights. Plaintiffs, on the other hand, seek summary judgment on the first and second count of the complaint, arguing that the educational programs presently available to the migrant students fail to provide the academic assistance c......read more.


Summary: 383 F. Supp. 1167 (1974) Harvey YOUNG, Plaintiff, v. D. L. HUTCHINS, as Chief, Department of Public Safety, Motor Vehicle Inspection Division, and Joseph C. Dekle, as Chairman, Civil Service Board, Jacksonville, Florida, Defendants. George R. THURSTON, Individually, and on behalf of all others similarly situated, Plaintiffs, v. Joseph C. DEKLE, as Chairman, Civil Service Board, Jacksonville, Florida, et al., Defendants. These are actions in which the plaintiffs seek a declaratory judgment that c......read more.


Summary: 456 F. Supp. 1976 (1945); United States v. El Rancho Adolphus Prods., 140 F. Supp. 2d 1136 (1957); United States v. 43½ Gross Rubber Prophylactics, 65 F. Supp. United States v. Various Cases of Adulterated Alcoholic Beverages, 421 F. Supp. 1944); United States v. Acri Wholesale Grocery Co., 409 F. Supp. 529, 533-34 (S.D.Iowa 1976); United States v. Kendall Co., 324 F. Supp. Marshall v. Barlow's, Inc., 436 U.S. at 320, 98 S. Ct. at 1824, 56 L.Ed.2d at 316; Camara v. Municipal Court of San Francis......read more.


Summary: 23 F. Supp. F. Bradley Hassell, Eubank, Hassell & Associates, Daytona Beach, FL, Howard Daigle, Jr., Michael D. Fisse, Seale Daigle & Ross, Covington, LA, for Defendants. No. 32, filed May 27, 1998); (2) The Report and Recommendation of the United States Magistrate Judge Recommending that Defendant Cobb International Inc.'s Motion for Summary Judgment be Granted (Doc. On September 2, 1998, the United States Magistrate Judge issued a Report and Recommendation ("Report"), recommending that Cobb's ......read more.


Summary: 464 F. Supp. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). Barmag Barmer Maschinenfabrik AG v. Murata Machinery, Ltd., 731 F.2d 831 (Fed.Cir.1984). Evers v. Gen. Motors Corp., 770 F.2d 984, 986 (11th Cir.1985) ("conclusory allegations without specific supporting facts have no probative value"). Cole v. Kimberly-Clark Corp., 102 F.3d 524, 528 (Fed.Cir. Dolly, Inc. v. Spalding & Evenflo Companies, Inc., 16 F.3d 394, 397 (Fed.Cir.1994).


Summary: 496 F. Supp. 354 (1980) Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. SUNSHINE AND LEISURE, INC., d/b/a Sunshine and Leisure Rest Homes, Sandra J. O'Neal, Individually, Ray O'Neal, Individually, Anne Verbisco, Individually, Defendants. Under the Fair Labor Standards Act, "an enterprise engaged in commerce or in the production of goods for commerce" means: an enterprise which has employees engaged in commerce or in the production of goods for commerce, or empl......read more.


Summary: 792 F. Supp. 790 (1992) Donna DeLUNA, Plaintiff, v. VALIANT INSURANCE COMPANY, Defendant. At the time of the accident, *791 Plaintiff's parents, Frank and Gloria Urso, had an insurance policy with Defendant Valiant Insurance Company which provided both liability and uninsured motorist coverage on the automobile owned by the Urso's. ISSUES: The ultimate issues which Plaintiff seeks to have the court determine are whether the Valiant Insurance Policy extended general liability coverage to Plaintif......read more.


Summary: 858 F. Supp. 1181 (1994) Timothy BURKE, as Personal Representative of the Estate of Carol Burke, Deceased, Plaintiff, v. SMITHKLINE BIO-SCIENCE LABORATORIES, Smithkline Beecham Clinical Laboratories, Pathologists Reference Laboratory of Southwest Fla., Inc., Brandon Family Care, Inc., Humana Inc., and Humana Medical Plan, Inc., Defendants. This cause is before this Court on the following pending motions: Defendants', Brandon Family Care, Inc., Humana Inc., and Humana Medical Plan, Inc., Motion t......read more.


Summary: 399 F. Supp. Plaintiff also argued that NASD arbitration panels had the right to award attorney's fees under a common law "bad faith exception" to the ordinary rule requiring the parties to bear their own fees. In November of 2004, the arbitration panel issued its award which denied both sides' claims but found that the Defendants were the prevailing parties and directed Plaintiff to pay all arbitration costs and all Defendants' attorneys fees "in an amount to be determined by a court of compete......read more.