Mathews V. Eldridge Factors

135 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Engblom v. Carey
  677 F.2d 957· 2d Cir.· 1982-05-03 ·cited 14×
  The court held that the Third Amendment's protection against quartering troops extends to individuals with a lawful occupation or possession interest in a house, not just fee simple owners. It also held that while the state's emergency justified summary eviction without pre-depri
• William T. ONG, M.D. v. James Tovey, M.D.
  552 F.2d 305· 9th Cir.· 1977-04-19 ·cited 14×
  The court held that the Public Health Service's procedures for terminating a surgical resident, based on professional opinions and meetings, satisfied constitutional due process requirements, and that the subsequent termination for being AWOL was also proper.
• Gorman v. Univ. OF R.I.
  837 F.2d 7· 1st Cir.· 1988-01-19 ·cited 13×
  The court held that the University of Rhode Island's disciplinary hearings did not violate the student's due process rights, reversing the district court's finding of liability.
• L.E. Eguia v. Tompkins
  756 F.2d 1130· 5th Cir.· 1985-04-08 ·cited 13×
  The court held that genuine issues of material fact remain regarding the timeliness of the procedural due process afforded to the plaintiff, and that the plaintiff's political association and defamation claims were improperly dismissed.
• Saboet Elmazi Azizi and Feim Azizi v. Thornburgh
  908 F.2d 1130· 2d Cir.· 1990-07-05 ·cited 12×
  Section 5 of the Immigration Marriage Fraud Amendments of 1986 contravenes the due process requirements of the Fifth Amendment because it is a procedural provision that fails to provide adequate procedural safeguards.
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Pinsky v. Duncan
  898 F.2d 852· 2d Cir.· 1990-03-09 ·cited 12×
  Connecticut's statute authorizing prejudgment attachment of real estate without prior notice, opportunity for a hearing, or requiring a bond, violates the Due Process Clause of the Fourteenth Amendment.
• United States v. Charters
  863 F.2d 302· 4th Cir.· 1988-12-09 ·cited 12×
• Jackson v. Ill. Prisoner Review Bd.
  856 F.2d 890· 7th Cir.· 1988-09-02 ·cited 12×
  The court held that fees for an unsuccessful, unrelated ex post facto claim are not compensable under 42 U.S.C. § 1988, and that a fee award must be reduced to reflect partial success on a related claim.
• Signet Constr. Corp. v. Borg
  775 F.2d 486· 2d Cir.· 1985-10-15 ·cited 12×
  The court held that Signet received constitutionally adequate due process through a combination of informal exchanges, a formal hearing regarding its default, and the availability of state court remedies for contract disputes.
• Rivera v. Marcus
  696 F.2d 1016· 2d Cir.· 1982-12-23 ·cited 12×
  The court held that the state must ensure children's best interests are the foremost consideration when removing them from parental care, and parents must have a fair opportunity to participate in hearings concerning custody.
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  594 F.2d 299· 2d Cir.· 1979-02-21 ·cited 12×
  The court held that a tenured teacher denied access to medical reports used to place her on involuntary leave for mental unfitness was denied procedural due process. However, her refusal to submit to a subsequent medical examination precluded claims for damages after that point.
• Bohn v. Cnty. OF Dakota: Shirley L. Utzinger
  772 F.2d 1433· 8th Cir.· 1985-09-11 ·cited 10×
  The court held that the available administrative review procedures, including those under the Minnesota Administrative Procedure Act and Data Practices Act, provided adequate due process, and that alleged misrepresentations by state officials did not rise to the level of a consti
• United States v. James Daniel Good Prop. Titled IN THE Name OF James Daniel Good
  971 F.2d 1376· 9th Cir.· 1992-04-24 ·cited 8×
  The court held that the government's civil forfeiture action was untimely due to a violation of internal reporting requirements, and that seizing the defendant's home without prior notice or a hearing violated due process.
• Ezekwo v. NYC Health & Hosps. Corp.
  940 F.2d 775· 2d Cir.· 1991-08-01 ·cited 8×
  The court held that a medical resident's interest in serving as chief resident was not a constitutionally protected property interest, and even if it were, the process afforded was sufficient.
• Russell v. Dunston
  896 F.2d 664· 2d Cir.· 1990-02-12 ·cited 8×
  The dissenting judge holds that Russell was entitled to pretermination notice before his medical leave was terminated, as he had a property interest in the opportunity to apply for disability benefits.
• Martin v. Strasburg
  689 F.2d 365· 2d Cir.· 1982-09-20 ·cited 8×
  New York's preventive detention law for accused juvenile delinquents is unconstitutional because it permits liberty to be denied prior to adjudication of guilt based on unfettered discretion and uncertain predictions of future behavior.
• Guerrero v. State OF NEW Jersey & N.J. State Bd. of Med. Exam'rs Appeal of Floro G. Guerrero, M.D.
  643 F.2d 148· 3d Cir.· 1981-03-02 ·cited 8×
  The court held that New Jersey's administrative procedure, allowing administrative law judges to hear cases in the first instance and the agency to decide based on the record, does not violate due process or equal protection.
• Lavash v. Kountze
  604 F.2d 103· 1st Cir.· 1979-08-10 ·cited 8×
  The court held that Massachusetts law distinguishing between review of essay and multiple-choice civil service exams does not violate equal protection or due process.
• Mohawk Excavating, Inc. v. Occupational Safety & Health Review Comm'n & W. J. Usery, Jr.
  549 F.2d 859· 2d Cir.· 1977-02-08 ·cited 8×
  The court held that the Occupational Safety and Health Act's procedures for citations and penalties do not violate due process and that the civil penalties assessed do not require a jury trial under the Seventh Amendment.
• Letcher Adams and Claude Alston v. Harris
  643 F.2d 995· 4th Cir.· 1981-02-27 ·cited 7×
  The court held that the stock paragraph notices of Social Security disability denial at the reconsideration stage were constitutionally adequate, satisfying due process and statutory requirements.
• I.T. v. Dep't of Child. & Families
  338 So. 3d 6· Fla. 3d DCA· 2022-03-02 ·cited 6×
  Mother appealed the termination of her parental rights to four of five children, challenging whether the use of videoconferencing via Zoom for the trial violated her due process rights during the COVID-19 pandemic. The appellate court addresses whether remote proceedings for term
• Project v. Kemp
  918 F.3d 1262· 11th Cir.· 2019-03-21 ·cited 6×
  In this consolidated appeal, the Eleventh Circuit considered whether Georgia's absentee voting procedures violated procedural due process by rejecting mail-in ballots with perceived signature mismatches without providing notice, an opportunity to be heard, or a chance to appeal b
• Trinity Ann Henriquez v. The Adoption Ctr., Inc.
  641 So. 2d 84· Fla. 5th DCA· 1993-08-27 ·cited 6×
  The court should reverse the judgment terminating parental rights because the trial court failed to conduct a manifest best interest analysis as required by statute. Even if the mother's consent was valid and not procured by fraud or duress, she should be permitted to withdraw he
• DOE v. Sullivan Cnty.
  956 F.2d 545· 6th Cir.· 1992-02-10 ·cited 6×
  The court held that the district court erred in granting directed verdicts for certain defendants and in limiting evidence of a felony conviction, but affirmed directed verdicts for other defendants and the jury instructions. The court reversed and remanded for further proceeding
• Chaves Cnty. Home Health Serv., Inc. v. Louis W. Sullivan, M.D.
  931 F.2d 914· D.C. Cir.· 1991-04-26 ·cited 6×
  The court held that the Secretary of HHS permissibly used statistical sampling to calculate Medicare overpayments, as it was a reasonable interpretation of the agency's general authority to recoup overpayments and not prohibited by the Medicare Act.
• Walker v. McLAIN
  768 F.2d 1181· 10th Cir.· 1985-07-25 ·cited 6×
  An indigent person facing incarceration in a civil contempt action for nonsupport is entitled to appointed counsel, and the court must inform them of this right.
• Blackhawk Mining Co., Inc. v. Andrus
  711 F.2d 753· 6th Cir.· 1983-07-20 ·cited 6×
  The court held that the Surface Mining Control and Reclamation Act's requirement of prepayment of proposed penalty assessments into escrow as a condition for formal review does not violate procedural due process under the Fifth Amendment.
• Ill. Physicians Union & Elsy Salazar, M.D. v. Miller
  675 F.2d 151· 7th Cir.· 1982-04-13 ·cited 6×
  The court held that the Department's use of statistical sampling and extrapolation in auditing physicians for Medicaid overpayments, and its procedures for challenging such findings, comport with due process, provided physicians have an opportunity to rebut the findings.
• Soffer v. City OF Costa Mesa
  798 F.2d 361· 9th Cir.· 1986-08-22 ·cited 5×
  The court held that while the City's post-tow procedures violated due process, the appellant failed to prove damages and did not properly plead claims against individual defendants. The award of attorney's fees to the individual defendants was reversed.
• Layton v. Beyer
  953 F.2d 839· 3d Cir.· 1992-01-10 ·cited 4×
  The court held that New Jersey Department of Corrections regulations, by using mandatory language and establishing specific substantive predicates for placing inmates in restrictive custody, created a constitutionally protected liberty interest. The court further held that the "r
• OLD Republic Ins. Co. & Int'l Bus. & Mercantile Reassurance Co. v. Fed. Crop Ins. Corp.
  947 F.2d 269· 7th Cir.· 1991-11-04 ·cited 4×
  The court held that the Federal Crop Insurance Corporation (FCIC) had statutory and contractual authority to recover overpayments made to insurers and that its administrative procedures satisfied due process requirements.
• Duranceau v. Wallace
  743 F.2d 709· 9th Cir.· 1984-09-25 ·cited 4×
  The court held that Washington's child support garnishment procedures, as applied, satisfy due process requirements, and the notice provided to the debtor was adequate.
• Brockert v. Skornicka
  711 F.2d 1376· 7th Cir.· 1983-07-01 ·cited 4×
  The court affirmed the district court's grant of summary judgment, holding that the ordinance's waiver provision was not impermissibly vague and that the plaintiff received adequate due process.
• Collins v. Hoke
  705 F.2d 959· 8th Cir.· 1983-02-15 ·cited 4×
  The county's application of its ordinance to Mr. Collins, requiring him to move to the county poor farm for general assistance, violates the Equal Protection Clause.
• Sierra Club v. United States Postal Serv.
  549 F.2d 1199· 9th Cir.· 1976-12-15 ·cited 4×
  The court held that the Sierra Club was afforded due process of law in the termination of its preferred status.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  699 F. Supp. 888· S.D. Fla.· 1988-11-17 ·cited 3×
  The court reversed a summary judgment awarding a real estate commission, finding that a new lease for the same property did not constitute a renewal of the original lease as contemplated by the commission agreement.
• Carcamo v. Miami-Dade Cnty.
  284 F. Supp. 2d 1362· S.D. Fla.· 2003-09-03 ·cited 2×
  The court held that the plaintiff's procedural due process rights were not violated because an adequate post-deprivation remedy was available under Florida law, even though the plaintiff did not utilize it.
• Becker v. Ill. Real Est. Admin. & Disciplinary Bd.
  884 F.2d 955· 7th Cir.· 1989-09-25 ·cited 2×
  The court held that pursuing a real estate license constitutes a liberty interest protected by the Due Process Clause, and the Department's denial of the application without a hearing violated due process.
• Lariscey v. The United States
  861 F.2d 1267· Fed. Cir.· 1988-11-23 ·cited 2×
  The denial of a request for court-appointed counsel in a civil action is not immediately appealable, and the Claims Court lacks the statutory authority to appoint counsel under 28 U.S.C. § 1915(d).
• Harrison v. United States Postal Serv.
  840 F.2d 1149· 4th Cir.· 1988-02-25 ·cited 2×
  The court held that the plaintiff received all the process due him under the Fifth Amendment, and the Postal Service did not abuse its discretion in decertifying him from mail access.
• Bundy v. Wilson
  815 F.2d 125· 1st Cir.· 1987-03-20 ·cited 2×
  The New Hampshire Supreme Court's procedure of disposing of criminal appeals solely on the basis of a notice of appeal, without providing a transcript or an opportunity for argument, violates the due process rights of criminal defendants.
• Newbury v. Prisoner Review Bd. of the State OF Ill.
  791 F.2d 81· 7th Cir.· 1986-05-19 ·cited 2×
  The Due Process Clause does not require all members of a parole board panel who voted on an inmate's application to be present at the inmate's parole hearing.
• Charry v. Hall
  709 F.2d 139· 2d Cir.· 1983-05-19 ·cited 2×
• Keeler v. JOY
  641 F.2d 1044· 2d Cir.· 1981-02-09 ·cited 2×
  The court held that the notice and conference procedures afforded to tenants under New York City's Rent and Rehabilitation Law satisfy due process requirements.
• Goetz v. The Honorable Matthew Crosson
  967 F.2d 29· 2d Cir.· 1992-06-10 ·cited 1×
  The court held that patients do not have an absolute right to state-financed expert assistance in commitment hearings.
• Perez v. Mordant
  M.D. Fla.· 2025-12-03
  The court held that the petitioner's detention violated the Fifth Amendment's due process clause and the Administrative Procedure Act, and that the Suspension Clause preserved jurisdiction for the habeas corpus petition.
• Simfa Rose Pharm. Specialty, Inc. v. Garland
  S.D. Fla.· 2025-09-24
  The court affirmed the Magistrate Judge's Report and Recommendation, granting the motion to dismiss and denying the cross-motion for summary judgment.
• MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs.
  S.D. Fla.· 2024-11-25
  The court held that MedEnvios's due process rights were not violated by the exclusion of zero-paid claims, interest accumulation, or recoupment, but MedEnvios is entitled to an accounting.
• MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs.
  S.D. Fla.· 2024-03-25
  The court held that the Department of Health and Human Services violated MedEnvios's due process rights by failing to timely provide documentation supporting recalculated overpayment amounts, but did not violate due process by excluding zero-paid claims from sampling.