Objective Standard

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

• Litterdragt v. Miami Dade Cnty.
  105 La. 758· S.D. Fla.· 2017-01-05
  The court denied the defendant's motion for attorney's fees against the plaintiff's counsel, finding that while some claims were weak or improperly pleaded, the attorney's conduct did not rise to the level of bad faith or unreasonable vexatiousness required for sanctions under 28
• Crumplar
  Del.· 2012-10-22
  The Court held that Superior Court Civil Rule 11 requires an objective standard for evaluating attorney conduct, focusing on reasonableness under the circumstances, not subjective good faith. The Court further held that judges may only sanction attorneys under Rule 11 when their
• Fla. Hospital/Waterman, Inc. v. Eustis Emergency Physicians
  747 So. 2d 1058· Fla. 5th DCA· 2000-01-14
  Florida Hospital and Eustis Emergency Physicians disputed whether a Professional Services Agreement required all disputes to be submitted to the hospital's Executive Committee for resolution. The trial court granted summary judgment for Physicians, finding that the dispute resolu
• State v. A.J.
  720 So. 2d 1156· Fla. 3d DCA· 1998-11-18
  The Court holds that a defendant charged under 18 U.S.C. § 922(g)(1) can stipulate to the prior felony conviction element, thereby precluding the government from introducing evidence of the conviction's name and nature.
• Maxwell v. The City OF Indianapolis
  998 F.2d 431· 7th Cir.· 1993-06-29
  The court held that the officers' actions constituted an arrest requiring probable cause, and the significant discrepancies between the suspect's description and the arrestee's appearance raised a factual question for the jury regarding probable cause, thus denying qualified immu
• Wiley v. State Farm Fire & Cas. Co.
  995 F.2d 457· 3d Cir.· 1993-06-03
  The court held that Pennsylvania law would infer intent to harm from acts of child molestation, precluding insurance coverage under a homeowner's policy's intentional harm exclusion.
• Winn v. Lynn
  941 F.2d 236· 3d Cir.· 1991-08-12
  The court held that the district court did not err in denying the motion to amend the complaint to include government officials, as they were entitled to qualified immunity.
• Austin v. U-Tote-M OF Broward
  241 So. 2d 186· Fla. 4th DCA· 1970-11-20
  In this civil assault and battery case, a store manager shot a customer who became verbally abusive and threatening after purchase. The appellate court reversed the trial court's judgment for the defendant, holding that the use of a shotgun constituted excessive force under the c