De Novo Review Of Legal Conclusions

752 Florida cases classified under this topic, plus 418 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Cribbs v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-21
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard.
• Caron v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-21
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and applied the correct legal standard.
• Rodriguez v. Comm'r Soc. Sec. Admin.
  M.D. Fla.· 2022-09-21
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence, and any errors regarding specific job numbers were harmless.
• Whitney v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-19
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards, and overruled the plaintiff's objections.
• Turek v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-02
  The Court accepts the Magistrate Judge's Report and Recommendation, reversing the Commissioner's decision and remanding the matter for further consideration.
• Korby v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-02
  The court held that the Administrative Law Judge's decision denying disability benefits was supported by substantial evidence and proper legal standards, and therefore affirmed the Commissioner's decision.
• Perrone v. Centurion of Fla., LLC
  M.D. Fla.· 2022-09-02
  The court adopted the magistrate judge's recommendation to grant the defendants' motion for taxation of costs.
• Schalamar Creek Mobile Homeowner's Ass'n, Inc. v. Adler
  M.D. Fla.· 2022-08-31
  The court adopted the magistrate judge's report and recommendation, denying defendants' motions for sanctions.
• Ain Jeem, Inc. v. The Individuals
  M.D. Fla.· 2022-08-29
  The court adopted the Magistrate Judge's recommendation and denied the defendant's motion for permission to appeal in forma pauperis.
• Star2star Commc'ns, LLC v. AMG Grp. of Brunswick, LLC
  M.D. Fla.· 2022-08-25
  The Court adopts the magistrate judge's report and recommendation regarding attorney fees and costs.
• Mikula v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the ALJ's decision to find Dr. Zenoni's opinion unpersuasive was not supported by substantial evidence, and the ALJ's RFC assessment may not have fully accounted for the claimant's carpal tunnel syndrome.
• Velez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the ALJ failed to adequately explain why the plaintiff's lupus did not meet a disability listing and directed reconsideration of the RFC. The decision of the Commissioner is reversed and remanded.
• Moran v. Comm'r Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard, affirming the denial.
• Gabriel v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the ALJ's reasons for finding a medical expert's opinion partially persuasive were not supported by substantial evidence, requiring reversal.
• Smith v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard, affirming the Commissioner's decision.
• Johnson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the Administrative Law Judge erred by applying the incorrect regulations when evaluating medical opinions for a claim filed before the regulatory change.
• Johnson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence.
• Young v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-18
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and applied the correct legal standard.
• J.H. v. State
  Fla. 1st DCA· 2022-08-17
  The appellate court affirmed the trial court's finding that a juvenile's waiver of Miranda rights was knowing and voluntary, but reversed and remanded the case because the trial court failed to specify the length of the juvenile's probation.
• J.H. v. State
  Fla. 1st DCA· 2022-08-17
  The appellate court affirmed the trial court's finding that a juvenile's waiver of Miranda rights was knowing and voluntary, but reversed and remanded the case because the trial court failed to specify the length of the juvenile's probation.
• J.H. v. State
  Fla. 1st DCA· 2022-08-17
  The appellate court affirmed the trial court's finding that a juvenile's waiver of Miranda rights was knowing and voluntary, but reversed and remanded the case because the trial court failed to specify the length of the juvenile's probation. This case clarifies the "totality of t
• THE Dental LAW Firm, P.A. v. Kincer
  Fla. 4th DCA· 2022-08-17 ·via De Novo Review Of Legal Questions
  The appellate court reversed a lower court's decision denying a law firm's motion for sanctions. The court found that a public adjuster's third-party action against the law firm was not supported by material facts or existing law, and thus sanctions were warranted.
• Utah Power Sys., LLC v. Lang
  M.D. Fla.· 2022-08-05
  The court affirmed the Bankruptcy Court's denial of disgorgement and sanctions, finding no abuse of discretion in its application of legal standards and factual findings.
• Ertel v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-02
  The Court accepts and adopts the Magistrate Judge's Report and Recommendation, granting the Plaintiff's unopposed motion for attorney's fees.
• Zola v. Comm'r Soc. Sec.
  M.D. Fla.· 2022-08-01
  The court affirmed the Commissioner's decision, finding that the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and that the correct legal standard was applied.
• Johns v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-01
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard.
• Gorham v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-01
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's evaluation of medical opinions and application of the correct legal standard.
• Meza v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-01
  The court held that the Administrative Law Judge (ALJ) failed to adequately articulate reasons for discrediting the claimant's subjective complaints of fibromyalgia, particularly by relying too heavily on the lack of objective medical evidence.
• SJ Medconnect, Inc. v. Boice
  M.D. Fla.· 2022-07-28
  The court adopted the Magistrate Judge's recommendation to enter default judgment against the defendant, modifying the resolution regarding certain counts.
• Milligan v. Rambosk
  M.D. Fla.· 2022-07-27
  The court adopted the magistrate judge's recommendation to grant in part and deny in part the plaintiff's motion to review the clerk's bill of costs.
• Prater v. Kijakazi
  N.D. Fla.· 2022-07-21 ·via Plenary Review Of Legal Conclusions
  The court held that the plaintiff abandoned her appeal issues due to lack of specificity and that the Commissioner's decision denying benefits was supported by substantial evidence.
• Acosta v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-07-10
  The court affirmed the Social Security Administration's decision denying disability benefits, finding the ALJ's conclusions were supported by substantial evidence and that the plaintiff failed to show prejudice from any alleged failure to develop the record.
• Beard v. Suwannee Valley Grassing, Inc.
  M.D. Fla.· 2022-06-21
  The Court adopts the Magistrate Judge's Report and Recommendation, striking a modification clause from the settlement agreement and approving the settlement as amended.
• Philip Morris USA, Inc. v. Cohen
  340 So. 3d 498· Fla. 4th DCA· 2022-06-08 ·via De Novo Review Of Legal Interpretation
  An award of attorneys' fees as a sanction must be directly related to the specific bad faith conduct and supported by detailed factual findings demonstrating the nexus between the misconduct and the fees incurred. The trial court's award of fees for the entire trial could not be
• Philip Morris USA, Inc. v. Cohen
  340 So. 3d 498· Fla. 4th DCA· 2022-06-08 ·via De Novo Review Of Legal Interpretation
  The appellate court reversed an award of attorneys' fees imposed as a sanction for bad faith conduct by Philip Morris's counsel during opening statements. The court found the trial court erred by awarding fees for the entire trial, as the sanctions must be directly related to the
• Schepperle v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-07
  The court affirmed the Commissioner's decision, finding the ALJ provided adequate reasoning supported by substantial evidence when evaluating the medical opinions of record.
• Walters v. State of Cal.
  M.D. Fla.· 2022-05-26
  The Court adopts the Magistrate Judge's recommendation to deny the application to proceed in forma pauperis and dismiss the case.
• Kernon v. Banner Life Ins. Co.
  M.D. Fla.· 2022-05-26
  The court adopted the Magistrate Judge's recommendation to grant Banner Life's motion to deposit funds but denied its request for attorney's fees and costs.
• Tookes v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-05-25
  The court held that the ALJ failed to properly consider and incorporate Dr. Buffone's opinion, requiring reversal and remand.
• Fresenius Vascular Care, Inc. v. Vasudeva
  M.D. Fla.· 2022-05-16
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the motion to determine entitlement to attorneys' fees.
• Slanina v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-05-12
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Whitfield v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-05-12
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that benefits were properly calculated and offset.
• DiFranco v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-05-04
  The court held that the ALJ's decision to cease disability benefits was supported by substantial evidence and applied the correct legal standard, affirming the Commissioner's decision.
• Arguello v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-05-04
  The court affirmed the Commissioner's decision, finding the ALJ properly evaluated medical opinions and subjective complaints based on substantial evidence.
• Tornstrom v. Comm'r Soc. Sec.
  M.D. Fla.· 2022-04-28
  The court adopted the Magistrate Judge's recommendation to reverse the Commissioner's decision and remand the case for reconsideration.
• Dearman v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-25
  The court affirmed the Commissioner's decision, finding that the ALJ properly considered the claimant's subjective complaints of pain and mental impairments, and that the decision was supported by substantial evidence.
• Leaser v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-25
  The court held that the ALJ properly considered the medical opinion and did not err in finding no conflict between the vocational expert's testimony and the DOT, affirming the Commissioner's decision.
• Iglesias v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-25
  The court affirmed the Commissioner's decision, finding that the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied the correct legal standard.
• Greenberg v. Bekins of South Florida
  Fla. 4th DCA· 2022-04-20 ·via De Novo Review Of Contract Interpretation
  A property owner sued a moving company for lost and damaged personal property, claiming $5,000 in damages. The trial court awarded only $234 based on a contractual limitation of liability clause limiting recovery to $0.60 per pound per article, which the property owner had not el
• Kilroy v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-07
  The court held that the Administrative Law Judge (ALJ) adequately evaluated the medical opinion of Dr. Arriola and that the Commissioner's decision denying benefits was supported by substantial evidence.