District Court for the Southern District of Florida Court Cases
United States v. Sklaroff (1971)Movants were indicted by a Grand Jury in this District on March 25, 1970. The 23-count indictment charges, in pertinent part, that certain of the Movants, being engaged in the business of betting and wagering, did, aiding and abetting each other, use and cause to be used wire communication facilities in interstate commerce for the transmission by telephone from Dade County, Florida, to other specified cities in Pennsylvania, Ohio, Maryland, and Nevada of either bets and wagers, or of [...]
Court: District Court for the Southern District of Florida Docket: 70-143-CR
The Ark (1926)January 21, 1926, the Electrical Construction Company filed its libel against the boat, claiming $3,600.97 for labor and materials furnished the boat in repairs. A claim was interposed on February 8th by Rose Stein, and bond given. On the same day an answer was filed, setting up that the party in possession of the boat was in such possession by reason of a lease, which lease has been forfeited and has expired. She admits the presence of the boat in the harbor; puts in issue the furnishing by [...]
Court: District Court for the Southern District of Florida Docket: 2282
Scheck v. Burger King Corp. (1991)THIS CAUSE is before the court upon the motion of Defendant, BURGER KING CORPORATION ("Burger King"), for summary judgment on all counts of the Complaint brought by Plaintiff, STEVEN A. SCHECK ("SCHECK"). Plaintiff Scheck has brought suit against Burger King alleging that Burger King breached an implied non-competition agreement (Count I), an implied covenant of good faith and fair dealing (Count II), an implied contract created by promissory estoppel (Count III), and the Massachusetts Consumer [...]
Court: District Court for the Southern District of Florida Docket: 89-1281-Civ
Barnes v. Burger King Corp. (1996)
THIS CAUSE came before the Court upon Defendant Burger King Corporation's Motion for Summary Judgment filed August 2, 1995 (D.E.124) and Defendant Burger King Corporation's Motion for Reconsideration filed October 23, 1995. (D.E.172).
Court: District Court for the Southern District of Florida Docket: 94-0889-CIV
Edwin A. Scales, III, Key West, FL, Julie E. Singer, Denis Durkin, Baker & Hostetler, Orlando, FL, Robert I. Chaskes, Christopher S. Carver, Ryan Roman, Akerman Senterfitt, Miami, FL, for Defendants.
Court: District Court for the Southern District of Florida Docket: 07-10017-Civ
Thomas Albert Boyd, Jr., Esq., Sullivan Boyd & Goldsberry, Jacksonville, William T. Corbett, Jr., Esq., Melissa H. Raksa, Esq., Drinker, Biddle & Shanley, Florham Park, NJ, Francis A. Anania, Esq., Anania, Bandklayder, Blackwell & Baumgarten, Miami, for Defendant.
Court: District Court for the Southern District of Florida Docket: 000708CIV
United States v. Escandar (1970)
Defendants entered pleas of nolo contendere to various charges herein, reserving the right to move to suppress evidence seized as a result of interceptions made on the home telephone of defendant Mario Escandar (379-2042) and on the pay telephone located in the lobby of the apartment building where Escandar resided (374-8809).
Court: District Court for the Southern District of Florida Docket: 70-333-Cr
Kaplan v. Assetcare, Inc. (2000)THIS CAUSE is before the court upon three Motions to Dismiss filed by the defendants: Defendant Assetcare, Inc.'s Motion to Dismiss Plaintiff's First Amended Class Action Complaint [D.E. 31], Defendants Columbia Healthcare Corp.'s and Miami Beach Healthcare Group, Ltd.'s Motion to Dismiss First Amended Complaint [D.E. 33], and Defendant Equifax's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint [D.E. 64]. Because plaintiffs' Second Amended Complaint merely added Equifax as a [...]
Court: District Court for the Southern District of Florida Docket: 99-412-CIV
United States v. Hoffa (1962)On December 7, 1960, James R. Hoffa, Robert E. McCarthy, Jr., and one, Henry Lower, now deceased, were indicted by the Grand Jury sitting in the Orlando Division of this Court for alleged violation of the Federal mail and wire fraud statutes, Title 18 U.S.C.A. §§ 1341-1343. Said indictment contained twelve counts. Counts numbered 1, 2, 3, 5, 8, 9, 10 and 11 charged all of the defendants with use of the mails at various times in 1956 and 1957 in furtherance of a scheme to defraud labor [...]
Court: District Court for the Southern District of Florida Docket: Crim. No. 1282
Robert M. Kornreich, Chet B. Waldman, and Carl L. Stine of Wolf Popper LLP, New York, NY, Leonard Barrack, Gerald J. Rodos, M. Richard Komins, and Sara Jones Biden of Barrack, Rodos & Bacine, Philadelphia, PA, Julian H. Kreeger, Sharon Levine Mirsky, and Abraham Rappaport of Milberg Weiss Bershad Hynes & Lerach LLP, Boca Raton, FL, Merrill G. Davidoff, Lawrence Deutsch, Robin Switzenbaum, and Jill E. Sterbakov of Berger & Montaque, P.C., Philadelphia, PA, Michael J. Pucillo and [...]
Court: District Court for the Southern District of Florida Docket: 98-8258CIV
United States v. Anaya (1980)The eighty-four indictments before the Court today are a consequence of the massive "Cuban Refugee Freedom Flotilla" which took place in the Spring of 1980 and which resulted in over 125,000 undocumented Cuban nationals being transported from Mariel, Cuba to Key West, Florida. In total, the 84 indictments name 336 defendants, charging each with a substantive violation of 8 U.S.C. 1324(a)(1) or a conspiracy to violate 8 U.S.C. 1324(a). That statute, in pertinent part, proscribes [...]
Court: District Court for the Southern District of Florida Docket: 80-231-CR-EPS
AmeriFirst Bank v. Bomar (1991)THIS CAUSE comes before the Court on Defendants' motions to dismiss the Amended Complaint filed by AmeriFirst Bank ("AmeriFirst"), a federally chartered savings and loan, and AmeriFirst Development Corporation ("ADCO"), a wholly owned service corporation subsidiary of AmeriFirst. Defendants move to dismiss on several grounds. First, they argue that the Court does not have subject matter jurisdiction over the claims asserted under Rule 12(b)(1) and Rule 25(c) of the Federal Rules of Civil [...]
Court: District Court for the Southern District of Florida Docket: 90-0429-CIV
THIS CAUSE is before the Court upon the Defendants' Motion for Summary Judgment, with Incorporated Statement of Facts and Memorandum of Law (D.E.# 12), filed July 7, 2008. The Defendants' assert that four independent bases warrant summary judgment in their favor: (1) the Fair Labor Standards Act ("FLSA") does not apply either through individual coverage or enterprise coverage, (2) Defendant Mayard is not properly named as an individual defendant, (3) Plaintiffs are not entitled to relief under [...]
Court: District Court for the Southern District of Florida Docket: 07-23223-CIV-KING
THIS CAUSE is before the court on defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction, Failure to State a Claim upon which Relief can be Granted, and Failure to Plead Fraud with Sufficient Particularity. Upon consideration of the pleadings, the record as a whole, the relevant law, and a hearing on subject matter jurisdiction, it is
Court: District Court for the Southern District of Florida Docket: 88-0508-Civ
Final hearing in these consolidated cases was held on May 25, 1970, before the three-judge court convened pursuant to the provisions of 28 U.S.C. §§ 2281 and 2284. The cases all involve the common question of the facial constitutionality of Florida Statute 232.26, F.S.A., which provides for suspension of public school children for misbehavior. They also present the issue of the validity of School Board Policy-Regulation 5114 which was enacted under the statute, as well as other issues [...]
Court: District Court for the Southern District of Florida Docket: 70-197-Civ-TC, 70-241-Civ-TC, 70-248-Civ-TC
THIS CAUSE has come before the court upon the cross-motions for summary judgment filed by the parties. Pursuant to Federal Rule 56, the plaintiff Thomas Tew ("Tew" or "the trustee") moves for entry of judgment in his favor on the defendant Chase Manhattan Bank's two counterclaims and affirmative defenses three through eleven. Chase Manhattan Bank ("Chase" or "the bank") also moves for summary judgment on each count of the complaint. The parties have fully briefed the motions and they are ripe [...]
Court: District Court for the Southern District of Florida Docket: 88-6728-CIV-JAG
United States v. Camacho (1990)
This Cause has come before the Court upon Defendants' Motion to Suppress Statements filed on February 7, 1990. For the reasons set forth below, Defendants' Motion is GRANTED in part and DENIED in part.
Court: District Court for the Southern District of Florida Docket: 89-650-CR
Louis v. Nelson (1982)
Ira J. Kurzban, Kurzban, Kurzban & Weinger, Miami, Fla., Bruce Winick, Univ. of Miami School of Law, Coral Gables, Fla., Irwin P. Stotzky, Vera Weisz, Miami, Fla., Michael J. Rosen, Miami, Fla.; Robert E. Juceam, Irwin Blum, Terrence A. Corrigan, Anne Golden, Mary B. Gilmore, Robin A. Fleischner, Jeffrey Susskind, New York City, for plaintiffs.
Court: District Court for the Southern District of Florida Docket: 81-1260-CIV-EPS
At issue in this complex antitrust case are cross-motions to dismiss the defendant's counterclaim and to dismiss various portions of the plaintiffs' complaint. The plaintiffs in this action are fourteen small to medium-sized Florida cities and city utilities (hereinafter, the Cities). The single defendant is Florida Power and Light Company (hereinafter, FPL), the largest electric utility in Florida. In their complaint, the Cities allege that FPL has violated the federal antitrust laws, the [...]
Court: District Court for the Southern District of Florida Docket: 79-5101-Civ-JLK
THIS CAUSE came before the Court upon the Second Motion for Summary Judgment (the "Motion") of Defendants American Hydro-Surgical Instruments, Inc. ("AHSI"), Davol Inc. ("Davol"), knd C.R. Bard, Inc. ("Bard") (collectively, the "Suppliers"), seeking 1) final summary judgment under Fed.R.Civ. P. 56(a) on seven of the nine counts brought against the Suppliers by Plaintiffs Eclipse Medical, Inc. ("Eclipse") and Horizon Medical Technologies, Inc. ("Horizon") (collectively, the "Distributors"), 2) [...]
Court: District Court for the Southern District of Florida Docket: 96-8532-CIV