20 Florida opinions name it 2 courts 1993–2026 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Philip Morris USA, Inc. v. Kaytongreen2 sentences2013See Philip Morris USA Inc. v. Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); -Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d' 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detri 2013Kayton, 104 So.3d at 1150 . | 2 | 3 |
Philip Morris USA, Inc. v. Hessgreen2 sentences2013See Philip Morris USA Inc. v. Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); -Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d' 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detri 2013See Philip Morris USA Inc. u Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detrimen | 2 | 2 |
Philip Morris USA, Inc. v. Nauglegreen2 sentences2013See Philip Morris USA Inc. v. Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); -Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d' 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detri 2013See Philip Morris USA Inc. u Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detrimen | 2 | 2 |
Philip Morris USA Inc. v. Putneygreen2 sentences2013See Philip Morris USA Inc. v. Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); -Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d' 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detri 2013See Philip Morris USA Inc. u Putney, 117 So.3d 798, 803-04 (Fla. 4th DCA 2013); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 947 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Kayton, 104 So.3d 1145, 1150-51 (Fla. 4th DCA 2012); Philip Morris USA, Inc. v. Hess, 95 So.3d 254, 260-61 (Fla. 4th DCA 2012), review denied, 117 So.3d 412 (Fla. 2013). 2 As we have previously held, while the conduct elements of the claims for fraudulent concealment and conspiracy to commit fraudulent concealment were established by virtue of the Engle decision, an Engle progeny plaintiff still must prove detrimen | 2 | 2 |
Sandlin v. CR. JUST. STANDARDS & TR. COM'Ngreen1 sentence2026Standards & Training Comm'n, 531 So. 2d 1344, 1346 (Fla. 1988) (“The legislature will be presumed to have intended a constitutional result.”); see also State v. Catalano, 104 So. 3d 1069, 1075 (Fla. 2012) (“There is a strong presumption that a statute is constitutionally valid, and all reasonable doubts about the statute's validity must be resolved in favor of constitutionality.”). 11 But we need not resolve these nuanced issues today; because here, the trial court properly balanced the competing interests and conducted an individualized inquiry, thereby satisfying the heightened requirement i | 1 | 1 |
State v. Catalanogreen1 sentence2026Standards & Training Comm'n, 531 So. 2d 1344, 1346 (Fla. 1988) (“The legislature will be presumed to have intended a constitutional result.”); see also State v. Catalano, 104 So. 3d 1069, 1075 (Fla. 2012) (“There is a strong presumption that a statute is constitutionally valid, and all reasonable doubts about the statute's validity must be resolved in favor of constitutionality.”). 11 But we need not resolve these nuanced issues today; because here, the trial court properly balanced the competing interests and conducted an individualized inquiry, thereby satisfying the heightened requirement i | 1 | 1 |
State of Florida v. Jermaine Franklin Davisgreen1 sentence2016See also Carter v. State, 194 So.3d 584 (Fla. 1st DCA 2016). | 1 | 1 |
McCleskey v. Kempgreen2 sentences2016The Supreme Court subsequently explained in McCleskey v. Kemp that “the Court has imposed a number of requirements on the capital sentencing process to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg.” McCleskey, 481 U.S. 279, 303 (1987). 2016The Supreme Court subsequently explained in McCleskey v. Kemp that “the Court has imposed a number of. requirements on the capital sentencing process to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg.” McCleskey v. Kemp, 481 U.S. 279, 303 , 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987). | 1 | 1 |
Ortiz v. Ford Motor Co.green1 sentence2012See Ortiz v. Ford Motor Co., 909 So.2d 479, 481 (Fla. 3d DCA 2005) (noting, in a case involving damages for decreased value to a vehicle alleged as “failure prone,” “the equities surrounding each class member’s purchase of their vehicle” required an individualized inquiry). | 1 | 1 |
Bellsouth Mobility LLC v. Christophergreen1 sentence2004See Chapman v. King Motor Co. of S. Fla., 833 So.2d 820, 821 (Fla. 4th DCA 2002)("Appellants' allegations of procedural unconscionability also raise issues of fact requiring an evidentiary hearing."); Bellsouth Mobility LLC v. Christopher, 819 So.2d 171, 173 (Fla. 4th DCA 2002)(lack of evidence as to circumstances at time of contracting mandated an evidentiary hearing on procedural unconscionability); Garrett v. Janiewski, 480 So.2d 1324, 1327 (Fla. 4th DCA 1985)(procedural unconscionability is an individualized matter dependent on the circumstances of contracting). | 1 | 1 |
Garrett v. Janiewskigreen1 sentence2004See Chapman v. King Motor Co. of S. Fla., 833 So.2d 820, 821 (Fla. 4th DCA 2002)("Appellants' allegations of procedural unconscionability also raise issues of fact requiring an evidentiary hearing."); Bellsouth Mobility LLC v. Christopher, 819 So.2d 171, 173 (Fla. 4th DCA 2002)(lack of evidence as to circumstances at time of contracting mandated an evidentiary hearing on procedural unconscionability); Garrett v. Janiewski, 480 So.2d 1324, 1327 (Fla. 4th DCA 1985)(procedural unconscionability is an individualized matter dependent on the circumstances of contracting). | 1 | 1 |
Chapman v. King Motor Co. of South Floridagreen1 sentence2004See Chapman v. King Motor Co. of S. Fla., 833 So.2d 820, 821 (Fla. 4th DCA 2002)("Appellants' allegations of procedural unconscionability also raise issues of fact requiring an evidentiary hearing."); Bellsouth Mobility LLC v. Christopher, 819 So.2d 171, 173 (Fla. 4th DCA 2002)(lack of evidence as to circumstances at time of contracting mandated an evidentiary hearing on procedural unconscionability); Garrett v. Janiewski, 480 So.2d 1324, 1327 (Fla. 4th DCA 1985)(procedural unconscionability is an individualized matter dependent on the circumstances of contracting). | 1 | 1 |
In Re Fibreboard Corporation, in Re Pittsburgh Corning Corporation, in Re Acands, Inc.green1 sentence2003See Smith v. Texaco, 263 F.3d at 410 (where injuries are not uniform among class members, "an individualized inquiry is necessary" as to punitive damages); Cimino v. Raymark Indus., Inc., 151 F.3d 297, 319 (5th Cir.1998); In re Fibreboard Corp., 893 F.2d 706, 710-12 (5th Cir.1990); In re Tetracycline Cases, 107 F.R.D. 719, 734-35 (W.D.Mo.1985). [25] *456 The plaintiffs' arguments in this regard contradict settled Florida law and basic concepts of due process. | 1 | 1 |
Claude Cimino v. Raymark Industries, Inc., Pittsburgh Corning Corporation and Asbestos Corporation Limitedgreen1 sentence2003See Smith v. Texaco, 263 F.3d at 410 (where injuries are not uniform among class members, "an individualized inquiry is necessary" as to punitive damages); Cimino v. Raymark Indus., Inc., 151 F.3d 297, 319 (5th Cir.1998); In re Fibreboard Corp., 893 F.2d 706, 710-12 (5th Cir.1990); In re Tetracycline Cases, 107 F.R.D. 719, 734-35 (W.D.Mo.1985). [25] *456 The plaintiffs' arguments in this regard contradict settled Florida law and basic concepts of due process. | 1 | 1 |
cluster 774717green1 sentence2003See Smith v. Texaco, 263 F.3d at 410 (where injuries are not uniform among class members, "an individualized inquiry is necessary" as to punitive damages); Cimino v. Raymark Indus., Inc., 151 F.3d 297, 319 (5th Cir.1998); In re Fibreboard Corp., 893 F.2d 706, 710-12 (5th Cir.1990); In re Tetracycline Cases, 107 F.R.D. 719, 734-35 (W.D.Mo.1985). [25] *456 The plaintiffs' arguments in this regard contradict settled Florida law and basic concepts of due process. | 1 | 1 |
In re Tetracycline Casesgreen1 sentence2003See Smith v. Texaco, 263 F.3d at 410 (where injuries are not uniform among class members, "an individualized inquiry is necessary" as to punitive damages); Cimino v. Raymark Indus., Inc., 151 F.3d 297, 319 (5th Cir.1998); In re Fibreboard Corp., 893 F.2d 706, 710-12 (5th Cir.1990); In re Tetracycline Cases, 107 F.R.D. 719, 734-35 (W.D.Mo.1985). [25] *456 The plaintiffs' arguments in this regard contradict settled Florida law and basic concepts of due process. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Egwuatu v. South Lubes, Inc.
green
2 sentences2019Id. at 53-54 . 2011Id. at 53-54 . | 2 | 2011–2019 |
Miller v. Alabama
green
2 sentences2018In 1979, Johnson, a juvenile at the time of his crime, was sentenced under section 39.111(6), Florida Statutes (1978), which required the sentencing court to make a "suitability determination" regarding the imposition of adult sanctions but which did not require consideration of the individualized factors now required by Miller v. Alabama , 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). 2018In 1979, Johnson, a juvenile at the time of his crime, was sentenced under section 39.111(6), Florida Statutes (1978), which required the sentencing court to make a "suitability determination" regarding the imposition of adult sanctions but which did not require consideration of the individualized factors now required by Miller v. Alabama , 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). | 2 | 2018–2018 |
Globe Newspaper Company v. Daniel F. Pokaski, Etc.
green
2 sentences1993Even the Pokaski court suggested that an individualized hearing in a public courtroom is an adequate less restrictive means to allow the sealing of records. 868 F.2d at 507 . 1993Even the Pokaski court suggested that an individualized hearing in a public courtroom is an adequate less restrictive means to allow the sealing of records. 868 F.2d at 507 . | 2 | 1993–1993 |
Laisha L. Landrum v. State of Florida
green
1 sentence2016We reverse the appeal as to the claim asserting unconstitutionality of the life sentence and remand for the trial court to resentence Appellant pursuant to the individualized factors under section 921.1401, Florida Statutes, which must be considered when sentencing a juvenile, as explained in Landrum v. State, 192 So.3d 459 (Fla.2016). | 1 | 2016–2016 |
Alonso v. State
green
2 sentences2012The facts of Alonso demonstrate why the one-size-fits-all approach adopted by the majority, in which the statute negates any need for an individualized inquiry, may create constitutional problems and why the Third District’s decision in Alonso v. State, 821 So.2d 423 (Fla. 3d DCA 2002), is clearly distinguishable from this case. 2012First, the defendant in Alonso made a specific objection to the courtroom closure on constitutional grounds, id. at 425 , whereas the defendant here made no such specific objection. | 1 | 2012–2012 |
Marshall v. United States
green
2 sentences2006Id. at 428-30 , 94 S.Ct. 700 . 2006Id. at 428-30 , 94 S.Ct. 700 . | 1 | 2006–2006 |
Haire v. FLA. DEPT. OF AGR. & CONS. SERV.
green
1 sentence2005While I believe that an evidentiary hearing on the disputed issues is proper, I do not agree with the majority that this case can be resolved by applying section 581.1845(2), Florida Statutes, and Haire v. Florida Department of Agriculture & Consumer Services, 870 So.2d 774 (Fla.2004). | 1 | 2005–2005 |
Spencer v. State
green
1 sentence2003This Court decided Spencer, 615 So.2d at 688 , which mandated the requirement of an individualized hearing prior to sentencing, after Gore's trial and 1992 direct appeal. | 1 | 2003–2003 |
Doe v. Attorney General
green
2 sentences2001Doe v. Attorney General, [ 430 Mass. 155 ,] 715 N.E.2d 37 (1999). 2001Doe v. Attorney General, [ 430 Mass. 155 ,] 715 N.E.2d 37 (1999). | 1 | 2001–2001 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.