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Born 1940 · Cadiz, KY
Morris v. Buss
District Court, N.D. Florida · 2011-03-07
This case involves a federal habeas corpus petition under 28 U.S.C. § 2254 filed by Morris challenging his 1992 state court conviction and sentence in Florida as a habitual felony offender for grand theft, following a nolo contendere plea and concurrent sentences totaling no more than 20 years. The district court adopted the magistrate judge's report and recommendation after de novo review of objections. It denied the petition and a certificate of appealability, finding that the petitioner had not shown entitlement to relief under AEDPA standards, including requirements for exhaustion of state remedies and overcoming procedural defaults. The opinion details the state court procedural history, including appeals and post-conviction motions under Florida Rules of Criminal Procedure 3.800, and applies precedents on fair presentment of federal claims.
criminal lawprocedure
Florida Ex Rel. McCollum v. United States Department of Health & Human Services
District Court, N.D. Florida · 2010-10-14 · cited 32×
This case is a facial constitutional challenge to the Patient Protection and Affordable Care Act brought by sixteen state attorneys general, four governors, two individuals, and the National Federation of Independent Business against federal agencies and officials. The opinion addresses the defendants' motion to dismiss certain counts for lack of subject matter jurisdiction under Rule 12(b)(1) and all counts for failure to state a claim under Rule 12(b)(6). The court notes that its task is limited to assessing jurisdiction and the plausibility of the claims, without evaluating the Act's policy wisdom or legislative process. Core reasoning focuses on the plaintiffs' arguments that the individual mandate exceeds Congress's authority under the Commerce Clause and taxing power, while acknowledging the background of uninsured healthcare costs and prior failed attempts at universal coverage.
healthcarefederal power
Williams v. Astrue
District Court, N.D. Florida · 2010-02-16
This case involves Carol Williams' appeal under 42 U.S.C. § 405(g) of the Social Security Act challenging the Commissioner of Social Security's denial of her applications for disability insurance benefits and supplemental security income. The plaintiff alleged disability due to physical conditions including degenerative disc disease and mental impairments such as depression, anxiety, and panic disorder. The district court, adopting the magistrate judge's report and recommendation after de novo review, reversed the Commissioner's decision and remanded the matter for further proceedings. The court determined that the ALJ's findings, including the residual functional capacity assessment and conclusions about available jobs, were not supported by substantial evidence in the record, particularly regarding the evaluation of the plaintiff's mental health limitations and vocational factors.
federal powerhealthcare
Rain Bird Corp. v. Taylor
District Court, N.D. Florida · 2009-10-14 · cited 21×
Rain Bird Corporation sued Patrick Taylor, doing business as AAA Rainbird Connection, for willful trademark infringement, unfair competition, and dilution under the Lanham Act and Florida law, alleging unauthorized use of its registered trademarks in connection with goods and services. Taylor, who was served while incarcerated, filed an answer that admitted all allegations and failed to respond to requests for admissions or the motion for summary judgment, causing all facts asserted by Rain Bird to be deemed undisputed. The court adopted the magistrate judge's recommendation and granted summary judgment to Rain Bird, awarding $40,413 in damages under 15 U.S.C. § 1117(a), costs and attorney's fees totaling $1,087, and a permanent injunction barring Taylor from using the Rain Bird mark or variations thereof. The decision rested on the undisputed facts establishing protectable trademarks, likelihood of confusion, and willful infringement, with no genuine issues of material fact remaining.
business & regulatoryprocedure
Henson v. United States
District Court, N.D. Florida · 2007-05-14
In Henson v. United States, plaintiff Katherine Henson, a former Navy member, sued the United States under the Federal Tort Claims Act for medical negligence after Air Force doctors at Eglin AFB examined a breast lump she reported in March and April 2001 but did not immediately diagnose cancer. The court conducted a bench trial and entered judgment for the defendant after making detailed findings of fact. The core reasoning was that the examining physicians acted appropriately by noting the family history, recommending a support garment and follow-up ultrasound within two weeks, and ordering further testing on the second visit, while Henson failed to schedule or complete the ultrasound or return promptly due to personal matters and was therefore responsible for any resulting delay in diagnosis.
torts & liabilityhealthcare
Delta Health Group, Inc. v. United States Department of Health & Human Services
District Court, N.D. Florida · 2006-11-20 · cited 1×
This case involves Delta Health Group, a new owner of a skilled nursing facility participating in Medicare, challenging the Department of Health and Human Services' efforts to collect a civil monetary penalty imposed for regulatory violations by the prior owner. The court granted the defendants' motion to dismiss multiple counts of the complaint, holding that the plaintiff was not entitled to an administrative hearing on the penalty years after the fact. The core reasoning was that provider agreements are automatically assigned upon a change of ownership subject to all prior terms and conditions, enforcement remedies attach to the provider entity rather than specific owners, and the previous owner had (but did not exercise) the opportunity to challenge the penalty at the time it was imposed.
healthcarebusiness & regulatoryfederal power
Greer v. Owners Insurance
District Court, N.D. Florida · 2006-06-06 · cited 12×
The case concerns homeowners Donald and Elizabeth Greer seeking recovery under their windstorm insurance policy from Owners Insurance Company and flood policy from Fidelity National Property and Casualty Insurance Company for damage to their Pensacola home after Hurricane Ivan in 2004. The court considered motions for judgment on the pleadings, summary judgment by both sides, and to strike late-filed evidence, while reviewing undisputed facts about the storm's impact including flooding that reached 21 inches inside the home. The court's reasoning centered on the policies' terms, particularly Owners' exclusion for water damage from flood or tidal water regardless of concurrent causes, the limited evidence of wind-driven rain entering through vents, and the distinction between covered wind perils and excluded flood losses, with Fidelity having already paid approximately $71,000 under the flood policy.
propertyprocedure
Featherston v. Metropolitan Life Insurance
District Court, N.D. Florida · 2005-09-20 · cited 1×
The case concerned plaintiff Mary S. Featherston's ERISA claim against Metropolitan Life Insurance Company challenging the denial of long-term disability benefits under Bank of America's employee welfare plan. The plan provided benefits for disability due to injury or sickness but limited payments to 24 months for any disability caused by mental illness. After initially approving benefits following Featherston's 1994 ladder fall and resulting physical injuries, MetLife discontinued payments once the mental-illness cap applied, based on medical evidence and the plan's definition of disability. On the defendant's motion for summary judgment, the court reviewed the administrative record under a de novo standard to assess whether the denial complied with the plan terms granting MetLife discretionary authority.
labor & employmenthealthcarebusiness & regulatory
United States v. Francis
District Court, N.D. Florida · 2005-05-31 · cited 2×
The case involved defendant Kaytrena J. Francis, who was charged by information with forcibly assaulting U.S. Air Force officers and disorderly conduct after being issued violation notices on Eglin Air Force Base in December 2004; the information was filed about 91 days later in March 2005. She moved to dismiss under the Speedy Trial Act, arguing that the delay exceeded the 30-day limit from her arrest or summons. The court denied the motion. It reasoned that the Act's time limits under 18 U.S.C. §§ 3161(b) and 3162(a)(1) are triggered only by both an arrest or summons and a formal complaint or indictment, and that the violation notices issued by military police did not qualify as such a complaint or summons.
criminal lawprocedure
Cotton v. Prudential Insurance Company of America
District Court, N.D. Florida · 2005-05-02 · cited 3×
In this insurance dispute, Ernest L. Cotton, as guardian ad litem for Han-Sun Boynton, sued Prudential Insurance Company in state court to recover benefits under a Servicemembers’ Group Life Insurance policy after her husband, a former servicemember, was declared presumed dead under Florida law following his 1993 disappearance. Prudential removed the case to federal court and moved to dismiss, contending that federal law completely preempted the state-law claim and that the presumed date of death fell after the policy's post-retirement coverage period ended. The court denied the motion to dismiss, ruling that the claim arises under federal law for jurisdictional purposes but that state law governs the limited issue of the date of presumed death under the Florida court order, so the complaint states a viable claim.
federal powerbusiness & regulatory
Corkill v. Hartford Life & Accident Insurance
District Court, N.D. Florida · 2005-04-28 · cited 1×
In Corkill v. Hartford Life & Accident Insurance, the plaintiff sued under ERISA after the defendant insurance company denied her claim for long-term disability benefits under an employer-sponsored policy, following a car accident that resulted in ongoing neck and back pain. The court granted the defendant's motion for summary judgment, upholding the denial. The policy required objective evidence that the claimant was prevented from performing the essential duties of any occupation, but the record showed no such evidence of total disability and indicated the plaintiff could perform full-time sedentary work after June 2002. Hartford reasonably relied on independent medical reviewers who examined the records and consulted with treating physicians, and its decision was supported by substantial evidence rather than being arbitrary and capricious.
labor & employmenthealthcare
Wesley v. United States
District Court, N.D. Florida · 2005-03-18 · cited 1×
In Wesley v. United States, taxpayers Wesley and Sharon Wesley sued for a refund of IRS penalties assessed under 26 U.S.C. §§ 6651(a)(1) for late filing of 1997-1999 returns and § 6654(a) for underpayment of estimated taxes, citing health problems, accountant delays, and other circumstances as reasonable cause. The district court granted the government's summary judgment motion on all § 6654(a) penalties, holding them mandatory without a statutory exception, and on the § 6651(a) penalties for 1997 and 1998, finding no triable issue that the cited factors excused the filings. The court denied summary judgment on the § 6651(a) penalties for 1999, concluding that evidence of the wife's diverted time caring for her husband's illnesses raised a genuine factual dispute over whether ordinary business care and prudence were exercised. The rulings applied Rule 56 standards and tax regulations to the undisputed facts of income levels, filing dates, work hours, and medical events.
taxesprocedure
Hallford v. Metropolitan Life Insurance
District Court, N.D. Florida · 2005-03-11
The case involved plaintiff Wendy Hallford's ERISA claim against Metropolitan Life Insurance Company for denial of long-term disability benefits under an AT&T employee welfare plan. Hallford, a former telephone operator, alleged total disability due to carpal tunnel syndrome and related conditions after exhausting other benefits, but MetLife determined she did not meet the plan's definition of being unable to perform any qualifying job. The court granted the defendant's motion for summary judgment, applying an arbitrary and capricious standard of review based on the plan administrator's discretionary authority. It found MetLife's decision reasonable because medical evidence, including multiple examinations and tests, showed Hallford was not totally disabled before the relevant cutoff date, and additional reports did not alter that conclusion.
labor & employment
White v. Bombardier Corp.
District Court, N.D. Florida · 2004-03-19 · cited 10×
In White v. Bombardier Corp., the plaintiff sued multiple manufacturers in Florida state court after being severely injured by a powered parachute during engine maintenance, bringing claims for negligence in design and manufacture, strict products liability, and failure to warn. The Bombardier defendants removed the case to federal court on diversity grounds, and the plaintiff moved to remand on the basis that the Destiny defendants had been properly served and did not consent to removal. The court examined whether service on the Destiny defendants' registered agent at the listed address was effective under Florida and Michigan law, whether those defendants were merely nominal parties exempt from the unanimous consent rule for removal, and related questions of personal jurisdiction and procedural requirements. The court concluded that the Destiny defendants were not nominal parties and that service was valid, requiring their consent and rendering the removal defective.
proceduretorts & liability
United States v. Durham
District Court, N.D. Florida · 2002-08-29 · cited 7×
In United States v. Durham, the defendant, charged with multiple counts of armed bank robbery and related firearms offenses, filed a motion to prohibit the use of a stun belt during his retrial after the Eleventh Circuit vacated his prior convictions due to an inadequate record on the device's use. Following an evidentiary hearing, the court denied the motion, concluding that the stun belt was the most appropriate security measure available. The decision rested on extensive evidence of Durham's repeated escape attempts—including scaling fences, plotting with accomplices, and breaching cell barriers—even while in high-security custody, which demonstrated he posed an exceptional risk that leg irons or additional personnel could not adequately address. The court found that the device would not interfere with the defendant's ability to participate in his defense or violate his constitutional rights.
criminal lawprocedure
Solutia, Inc. v. Forsberg
District Court, N.D. Florida · 2002-08-08
This case involved a dispute over attorney fees and expenses claimed by White & Case LLP, who served as counsel for certain plaintiff classes in consolidated ERISA class actions against Solutia, Inc. that settled after certification and pretrial proceedings. The court adopted the special master's report and ordered Solutia to pay White & Case $579,194.16 as full and final payment. The decision rested on application of the lodestar method, which required determining reasonable hourly rates (with reductions due to limited prior ERISA and class action experience by lead counsel), the number of hours reasonably expended (after subtracting disallowed time), the lack of justification for any multiplier, and allowable expenses.
procedurelabor & employment
Godwin v. Solutia, Inc.
District Court, N.D. Florida · 2002-07-31
This case involved two former employees of Solutia, Inc. who sued under ERISA alleging improper denial of pension benefits after their retirement in December 1999. The plaintiffs claimed that the Plan Committee should have applied a higher interest rate effective December 1, 1999, to calculate their lump sum payments rather than the rate effective January 1, 2000. The court granted the defendant's motion for summary judgment, holding that the plan language required the interest rate to be determined based on the first day of the month following the employees' separation date, which was January 1, 2000. The reasoning centered on the interpretation of section 7.2 of the Plan, which ties the distribution date to the first day of the month coinciding with or following the separation date, and the Plan Committee's discretionary authority to interpret the plan.
labor & employment
Florida Residential Property & Casualty Joint Underwriting Ass'n v. United States
District Court, N.D. Florida · 2002-02-07
The case involved the Florida Residential Property and Casualty Joint Underwriting Association (JUA), a state-created entity providing residential insurance after Hurricane Andrew, seeking a refund of over $172 million in federal income taxes paid from 1996 to 1999. The court determined that the JUA qualifies as an integral part of the State of Florida and is therefore exempt from federal income taxation. This conclusion was based on the extensive control exercised by the Florida Department of Insurance over the JUA's operations, board appointments, rates, and plans, as well as the fact that any profits ultimately benefit the state rather than private parties.
taxesbusiness & regulatory
Moore v. Navy Public Works Center
District Court, N.D. Florida · 2001-04-10
In Moore v. Navy Public Works Center, federal employees at the Navy Public Works Center in Pensacola and their union sued the Navy under the Administrative Procedure Act, seeking to enjoin a commercial activities study on outsourcing grounds that the study had exceeded the 48-month statutory limit set by the Department of Defense Appropriations Act. The parties disputed the start date of the study—whether it was the 1997 congressional notification or the 1998 formation of the study team and expenditure of funds. After an evidentiary hearing on the motion for a preliminary injunction, the court denied relief, finding that the plaintiffs failed to establish a substantial likelihood of success on the merits, along with related issues concerning standing and the proper interpretation of the statute's initiation requirement.
labor & employmentfederal power
Thomas v. Lockheed Martin Information Systems
District Court, N.D. Florida · 2001-03-26 · cited 4×
This case concerns plaintiff Lloyd G. Thomas's challenge to the denial of short-term disability benefits under a Lockheed Martin Salary Continuation Agreement (governed by state contract law) and long-term disability benefits under an ERISA-governed employee benefit plan insured and administered by LINA. The parties filed cross-motions for summary judgment, stipulating that material facts are undisputed, and the court addresses four issues: whether Thomas's psychiatric condition rendered him unable to perform his job duties as of March 1998 for the STD claim (reviewed de novo), whether a conflict of interest requires heightened scrutiny of LINA's LTD decision under the arbitrary-and-capricious standard, whether the administrative record shows an abuse of discretion in denying LTD benefits, and whether attorney fees should be awarded under ERISA. The opinion incorporates the parties' joint stipulation of facts, sets forth the summary-judgment standard, and analyzes the applicable standards of review, including the Eleventh Circuit's burden-shifting framework for insurer conflicts under Brown v. Blue Cross & Blue Shield.
labor & employmenthealthcare