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S.D. Fla.·
2025-04-21
The court recommended granting default judgment on the claim that the insured's failure to cooperate relieved the insurer of its obligations, but denying default judgment on the claim that no coverage existed due to policy exclusions because the underlying complaint's allegations
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S.D. Fla.·
2024-11-26
Summary judgment is denied for both parties because genuine issues of material fact exist regarding whether the insured's failure to provide timely notice and cooperation prejudiced the insurer, and whether the policy provisions are ambiguous.
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S.D. Fla.·
2024-08-01
The court denied plaintiff's motions for judgment as a matter of law and for a new trial, finding sufficient evidence supported the jury's verdict and no reversible error in evidentiary rulings.
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M.D. Fla.·
2024-06-13
The court held that a federal prisoner's claim that a disciplinary proceeding violated due process due to the untimely receipt of a Disciplinary Hearing Officer's report is not grounds for habeas relief if the prisoner cannot demonstrate substantial prejudice, and that the admini
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M.D. Fla.·
2024-03-28
The court denied the plaintiff's motions for judgment as a matter of law and for a new trial, upholding the jury's verdict in favor of the defendant.
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S.D. Fla.·
2023-01-23
The court held that a reasonable jury could find the defendant did not terminate the plaintiff's employment because of protected activity, and thus denied the plaintiff's motion for judgment as a matter of law and/or for a new trial.
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S.D. Fla.·
2023-01-11
The court held that the insurer did not wrongfully refuse to defend and that the Coblentz agreement was unenforceable due to unreasonableness and bad faith, and also due to the insured's material breach of the cooperation provision.
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M.D. Fla.·
2022-11-14
Casie Lanee White, convicted of second-degree murder in 2015 with a life sentence, filed a federal habeas corpus petition challenging her conviction on eleven grounds, primarily alleging ineffective assistance of trial counsel. The district court denied all of her claims, finding
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M.D. Fla.·
2021-11-05
The court held that the defendant's motions for mistrial, sanctions, new trial, and judgment as a matter of law were denied because the jury verdict was supported by sufficient evidence and any alleged errors did not cause substantial prejudice.
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M.D. Fla.·
2021-08-30
The court held that Petitioner's federal claims are unexhausted, procedurally defaulted, and fail on the merits, warranting denial of the habeas petition.
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Del. Super. Ct.·
2020-04-22
The Delaware Superior Court denied the defendant's motion for relief from a default judgment, finding that the defendant failed to establish excusable neglect. The court held that the defendant's reliance on a miscommunication with its counsel, coupled with its own failure to act
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Fla.·
2019-12-19
The Florida Supreme Court adopted a new rule of judicial administration establishing parental-leave continuances for attorneys. The rule requires courts to grant timely motions for continuance when an attorney takes parental leave due to birth or adoption, with limited exceptions
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Del.·
2008-06-13
The Court denied the Wife's Motion to Reopen, finding it was untimely filed due to an unreasonable delay of over one year after she became aware of the Husband's cessation of financial support. Even if timely, the Court found the Wife failed to meet her burden of proving a basis
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671 So. 2d 881·
Fla. 5th DCA·
1996-04-19
Westfield Insurance Company and its counsel, Harris, Barrett, Mann & Dew, appealed a judgment awarding attorney's fees against both entities. Harris initially failed to list itself as appellant in the original notice of appeal but filed an amended notice of appeal adding itself.
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994 F.2d 1228·
7th Cir.·
1993-05-20
The court held that the petitioner's due process rights were not violated by the sixteen-year delay in indictment, nor by the state trial court's failure to instruct the jury on the lesser included offense of reckless homicide.
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992 F.2d 192·
8th Cir.·
1993-05-03
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989 F.2d 1032·
9th Cir.·
1993-03-17
The court noted that the prosecutor's misbehavior was not the sole issue, but also highlighted the problematic conduct of defense counsel and the magistrate judge in a criminal case involving plea negotiations and potential conflicts of interest.
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973 F.2d 224·
3d Cir.·
1992-08-25
The court held that the defendant's right to a fair trial was not violated by publicity surrounding a prior mistrial, and the admission of a child eyewitness's identification testimony was not an abuse of discretion.
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971 F.2d 1189·
6th Cir.·
1992-07-27
The court held that the evidence was sufficient to sustain the convictions of all defendants and that the trial court did not err in denying motions for severance or in its conduct during the trial.
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948 F.2d 961·
5th Cir.·
1991-12-18
The court held that the denial of an opportunity to be heard before the Board of Immigration Appeals constitutes substantial prejudice, violating due process.
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944 F.2d 669·
10th Cir.·
1991-09-04
The court held that the district court erred in excluding evidence of prior insurance fraud, which was relevant to intent and collusion, and that a new trial is required.
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574 So. 2d 1128·
Fla. 2d DCA·
1991-01-18
Florida appellate court reversed a judgment against a PIP benefits claimant because an irrelevant jury instruction regarding the option to waive PIP benefits and sue the negligent party instead could have misled the jury and prejudiced the plaintiff's right to a fair trial.
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509 So. 2d 963·
Fla. 1st DCA·
1987-06-26
Alachua County appeals the dismissal of its appeal from a Code Enforcement Board order, contending that the trial court erred in dismissing the appeal based solely on the appellees' claimed prejudice from non-receipt of the notice of appeal, despite the county's compliance with a
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418 So. 2d 1147·
Fla. 1st DCA·
1982-08-23
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483 F.2d 169·
8th Cir.·
1973-08-10
The court held that a registrant's subsequent failure to qualify for a deferment does not moot the prejudice caused by the board's initial procedural irregularity in denying a rightful deferment and the associated rights to personal appearance and appeal.
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215 F.2d 91·
9th Cir.·
1954-08-13
The court held that the evidence was sufficient to sustain the guilty verdict and that the admission of testimony in Spanish, though not objected to on that ground below, did not cause substantial prejudice.