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Del. Ch.·
2024-05-10
The Delaware Court of Chancery held that the plaintiff's claims challenging decades-old fiduciary misconduct were barred by the doctrine of laches due to unreasonable delay and resulting prejudice to the defendants. However, the court found that the 2018 merger was not entirely f
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M.D. Fla.·
2024-05-09
The court granted summary judgment for the Commissioner, finding the plaintiff's claim time-barred and not subject to equitable tolling.
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M.D. Fla.·
2024-05-03
The court held that the applicant's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act and denied a certificate of appealability.
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S.D. Fla.·
2024-05-02
Marcia Taylor sued the Department of Homeland Security, alleging discrimination, retaliation, constructive discharge, false claims violations, and nepotism based on her treatment during employment and in hiring decisions. The court dismissed all five counts—the employment discrim
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M.D. Fla.·
2024-04-29
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.
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M.D. Fla.·
2024-04-26
The court held that a motion to vacate a conviction under 28 U.S.C. § 2255, based on a challenge to the constitutionality of 18 U.S.C. § 922(g)(1), is time-barred by the one-year statute of limitations, even if framed as a jurisdictional challenge.
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M.D. Fla.·
2024-04-26
Perez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state court convictions for lewd and lascivious battery and molestation of a 14-year-old victim. The district court dismissed the amended petition as time-barred under AEDPA's one-year statu
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S.D. Fla.·
2024-04-24
The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitations period prescribed by AEDPA, and the petitioner failed to establish an exception for actual innocence.
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M.D. Fla.·
2024-04-19
The court held that the plaintiff's discrimination claims were time-barred because he failed to file suit within 90 days of receiving notice of the final agency decisions.
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M.D. Fla.·
2024-04-16
The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
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M.D. Fla.·
2024-04-16
The court held that the petitioner's federal habeas petition was untimely because his state court judgment became final on May 14, 2012, and the subsequent Florida Supreme Court actions did not extend the finality date.
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M.D. Fla.·
2024-04-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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M.D. Fla.·
2024-04-12
The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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M.D. Fla.·
2024-04-10
The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2024-04-09
The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
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M.D. Fla.·
2024-04-04
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
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2023 WL 4488294·
M.D. Fla.·
2024-03-28
A motion to vacate convictions under 28 U.S.C. § 2255 is time-barred if not filed within the one-year statute of limitations imposed by AEDPA, even if it raises jurisdictional challenges.
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M.D. Fla.·
2024-03-26
The court conditionally certified a collective action for security guards alleging unpaid minimum and overtime wages under the FLSA, but required amendments to the proposed notice and consent forms.
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M.D. Fla.·
2024-03-25
The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2024-03-18
The court held that a defendant has no constitutional right to counsel for a petition for rehearing en banc, and the defendant failed to show an actual conflict of interest adversely affecting counsel's performance on appeal.
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S.D. Fla.·
2024-03-11
The court held that the motion to vacate under 28 U.S.C. § 2255 was dismissed as time-barred because it was filed outside the one-year limitations period and no equitable exceptions applied.
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M.D. Fla.·
2024-03-06
The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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Del. Ch.·
2024-03-01
The Court of Chancery granted Defendants' motion to dismiss, holding that the Plaintiffs' breach of contract claim was untimely under both the contractual twelve-month limitation period and the statutory three-year period. The Court further found that the Plaintiffs' equitable cl
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M.D. Fla.·
2024-02-28
The court held that the petitioner's motion to vacate his sentence was untimely and lacked merit, and therefore denied the motion.
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M.D. Fla.·
2024-02-23
The court held that the habeas corpus application was time-barred because it was filed more than three years after the federal limitation period expired.
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N.D. Fla.·
2024-02-14
The court held that the petitioner failed to provide sufficient evidence to establish the timeliness of his § 2254 petition under the prison mailbox rule, and thus the petition was dismissed as untimely.
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S.D. Fla.·
2024-02-07
The court held that the petitioner's motion to vacate his sentence was time-barred under 28 U.S.C. § 2255.
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S.D. Fla.·
2024-02-06
The court held that the movant's motion to vacate his sentence was untimely filed and therefore must be summarily dismissed.
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M.D. Fla.·
2024-02-05
The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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M.D. Fla.·
2024-01-30
The court conditionally certified the class for FLSA claims and approved notice to potential opt-in plaintiffs, but denied the request for equitable tolling of the limitations period.
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M.D. Fla.·
2024-01-30
The court held that the applicant's federal habeas corpus application was untimely because his state post-conviction motions did not properly toll the one-year limitation period, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2024-01-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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S.D. Fla.·
2024-01-17
The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and denied a certificate of appealability.
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S.D. Fla.·
2024-01-12
The court held that the petitioner's federal habeas corpus petition was untimely under AEDPA's one-year statute of limitations because his subsequent state post-conviction filings were not "properly filed" and therefore did not toll the limitations period.
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M.D. Fla.·
2024-01-10
The court held that the petitioner's federal habeas petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and denied his claims for equitable tolling and actual innocence.
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M.D. Fla.·
2024-01-02
The court held that the movant's motion to vacate his convictions was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2023-12-19
The court held that the petitioner's claims were untimely under the AEDPA statute of limitations and also lacked merit, therefore his motion to vacate his conviction and sentence was denied.
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S.D. Fla.·
2023-12-15
Christopher Sutton, serving a life sentence for hiring someone to murder his parents, petitioned for federal habeas relief based on allegedly newly discovered evidence suggesting that a third party, not Sutton, had hired the perpetrator. The court dismissed the petition as time-b
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S.D. Fla.·
2023-12-14
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA's one-year statute of limitations because it was filed more than two years after the judgment became final and no exceptions applied.
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M.D. Fla.·
2023-12-13
The court held that the federal habeas petition was untimely filed under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-12-11
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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S.D. Fla.·
2023-12-08
The court held that the petitioner's federal habeas petition was untimely filed under AEDPA's one-year statute of limitations.
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M.D. Fla.·
2023-12-07
The court held that the petitioner's federal habeas petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling.
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M.D. Fla.·
2023-11-30
The court held that the applicant's federal habeas corpus application was time-barred because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2023-11-30
Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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S.D. Fla.·
2023-11-24
A pretrial detainee incarcerated in a Florida jail brought a Section 1983 claim alleging that corrections officers failed to protect him from attack by another inmate and that medical staff violated his constitutional rights by failing to follow post-operative pain management ins
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M.D. Fla.·
2023-11-20
The court held that the petitioner's motion to vacate his conviction was untimely because it was filed more than one year after his conviction became final and the cited Supreme Court precedent did not apply retroactively to restart the limitations period.
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S.D. Fla.·
2023-11-15
The court held that the plaintiff's civil rights claims are time-barred by the applicable four-year statute of limitations, and therefore the motion to dismiss is granted.
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M.D. Fla.·
2023-11-08
The court granted the plaintiff's motion to file an out-of-time motion for attorney's fees and awarded the requested fees under the Equal Access to Justice Act due to the Commissioner's non-opposition.