2,208 Florida cases classified under this topic, plus 1,245 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2023-09-18
The court held that a federal habeas petition challenging a state conviction is premature if the state direct appeal is still pending, and the petitioner must exhaust state remedies first.
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M.D. Fla.·
2023-09-18
The court held that the defendant's motion to dismiss based on the statute of limitations should be denied because it was not apparent from the face of the complaint that the claim was time-barred.
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S.D. Fla.·
2023-09-15
The court held that Florida Statute § 627.70152(3)(b), which tolls the statute of limitations for insurance claims, can be applied retroactively to policies issued before its enactment because it is a procedural statute that does not impair vested rights.
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M.D. Fla.·
2023-09-12
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and his state postconviction motion did not toll the period as it was deemed untimely by the state court.
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The court held that claims acquired after the statutory cutoff date are barred, but scienter and other defenses were sufficiently pleaded to survive dismissal.
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The court held that a claim that the state court lacked jurisdiction does not provide an exception to the one-year limitations period under AEDPA for federal habeas corpus petitions.
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M.D. Fla.·
2023-08-24
A Florida state prisoner, Carlos Rivas, sought federal habeas corpus relief challenging his conviction for first-degree premeditated murder and theft, claiming ineffective assistance of trial counsel, improper exclusion of expert testimony on brain impairment, and violation of Mi
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and was therefore dismissed with prejudice.
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M.D. Fla.·
2023-08-16
The court held that the plaintiff's § 1983 claim is time-barred by Florida's four-year statute of limitations for personal injury actions.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was timely filed under the mailbox rule, and therefore, the motion to dismiss based on untimeliness is denied.
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Del. Super. Ct.·
2023-08-11
The Delaware Superior Court denied the defendant's motion to dismiss the claim for tortious interference with prospective contractual relations, finding that the plaintiff had sufficiently alleged that the defendant exerted improper economic pressure as part of a scheme to take o
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The court held that plaintiffs who acquired claims to confiscated Cuban property after March 12, 1996, are barred from bringing suit under the Helms-Burton Act, and that all plaintiffs failed to adequately plead knowing and intentional trafficking by the defendants.
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The court held that the movant's motion to vacate was untimely and not entitled to equitable tolling, as COVID-19 related prison restrictions do not constitute extraordinary circumstances.
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The court held that the defendant's motion to vacate his sentence was untimely and also failed on the merits, as his claims of ineffective assistance of counsel were not substantiated.
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M.D. Fla.·
2023-08-02
Mario Ayende-Rios sought federal habeas relief challenging his convictions on twelve drug-related offenses, arguing ineffective assistance of counsel and sufficiency of the evidence based on entrapment defenses. The court denied all seven grounds for relief, finding that most cla
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The federal habeas petition is dismissed as time-barred because the one-year statute of limitations expired before the petition was filed and subsequent state post-conviction filings did not toll the period.
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Due process in quasi-judicial agency proceedings is satisfied when parties receive notice of the hearing and a meaningful opportunity to be heard.
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The court denied the plaintiff's motion for reconsideration because it was an improper attempt to relitigate issues already decided and failed to present new arguments or evidence.
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M.D. Fla.·
2023-07-19
The court denied the petition for writ of habeas corpus, finding that the state court's decisions regarding ineffective assistance of counsel were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-07-17
The court held that the federal Fair Housing Act claims were not clearly time-barred, but the city ordinance claims were time-barred due to the lack of a tolling provision.
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The court held that the petitioner's claims were procedurally defaulted and lacked merit, and that his motion to vacate his sentence was time-barred.
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The court held that a certificate of appealability is required to appeal the denial of a Rule 60(b) motion in a § 2254 proceeding, and the applicant failed to make a substantial showing of the denial of a constitutional right.
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The court denied the petitioner's motion to alter or amend the judgment, finding no manifest error of law or fact, newly discovered evidence, or other justification for relief.
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S.D. Fla.·
2023-06-28
The court granted the motion for conditional certification of an FLSA collective action, finding sufficient evidence that other employees are similarly situated regarding alleged unlawful tip retention.
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S.D. Fla.·
2023-06-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
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Elias Makere, a Black former employee of Allstate, brought suit alleging race and sex discrimination, harassment, and retaliation occurring during and after his employment with the company. The district court dismissed most of Makere's claims, including his post-termination retal
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The court granted plaintiffs' motion for conditional certification of a collective action under the FLSA, finding sufficient evidence that other employees are similarly situated and desire to opt-in.
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The court held that the motion to vacate sentence under 28 U.S.C. § 2255 was untimely because it was filed more than one year after the judgment of conviction became final, and no exceptions applied.
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The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because the petitioner failed to file within the one-year statute of limitations and did not establish grounds for equitable to
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M.D. Fla.·
2023-06-06
The court held that the petition for writ of habeas corpus was untimely and dismissed it. Even addressing the merits, the court found no basis for relief on the claims of ineffective assistance of counsel.
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The court held that Federal Rule of Criminal Procedure 41(g) is inapplicable to civil forfeitures, and the plaintiff failed to state a claim under the Civil Asset Forfeiture Reform Act (CAFRA) because he had actual notice and sufficient time to file his claim, and did not present
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The court held that the children are well-settled in the United States and therefore denied the petition for their return to Venezuela under the Hague Convention.
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The court held that the petitioner's federal habeas corpus petition was timely filed due to equitable tolling, as an extraordinary circumstance prevented him from timely receiving notice of a state court order. The court denied the respondent's motion to dismiss.
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Craig Ridley died in October 2017, approximately four weeks after correctional officers at a Florida prison allegedly used excessive force on him, causing a spinal cord injury that left him quadriplegic; his estate and surviving family members filed this wrongful death suit again
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M.D. Fla.·
2023-05-25
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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S.D. Fla.·
2023-05-17
The court held that the petition for a writ of habeas corpus is untimely under AEDPA, and therefore dismissed.
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The court denied the defendants' motion for reconsideration because they failed to demonstrate clear error, new evidence, or intervening changes in law, and the motion improperly attempted to relitigate previously decided issues.
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The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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The court held that it lacks jurisdiction to grant an extension of time to file a habeas petition before the petition itself has been filed.
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The court held that the petitioner's motion to vacate sentence was untimely and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-04-24
The court held that the federal habeas petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2023-04-24
The court held that the habeas corpus application was time-barred and the applicant failed to show entitlement to equitable tolling or the actual innocence exception.
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S.D. Fla.·
2023-04-24
The court held that the plaintiff's complaint for judicial review of a Social Security Administration decision was untimely and dismissed with prejudice.
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The court denied the father's petition for the child's return, finding the child was settled in the United States.
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The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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Andre Alston sought to vacate his 15-year conviction and sentence for firearm possession by a convicted felon under 28 U.S.C. § 2255, arguing prosecutorial misconduct, speedy trial violations, ineffective assistance of counsel, and other constitutional violations. The district co
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The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than one year after the facts supporting his claim were discoverable.