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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 492
PROFESSIONAL GEOLOGY

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CHAPTER 492

PROFESSIONAL GEOLOGY

492.101 Purpose.

492.102 Definitions.

492.103 Board of Professional Geologists.

492.104 Rulemaking authority.

492.105 Licensure by examination; requirements; fees.

492.1051 Registered geologist-in-training; requirements.

492.106 Provisional licenses.

492.107 Seals.

492.108 Licensure by endorsement; requirements; fees.

492.109 Renewal of license; fees.

492.1101 Inactive status.

492.111 Practice of professional geology by a firm, corporation, or partnership.

492.112 Prohibitions; penalties.

492.113 Disciplinary proceedings.

492.114 Lost, destroyed, stolen, or mutilated licenses.

492.115 Roster of licensed professional geologists.

492.116 Exemptions.

492.1165 Construction of chapter.

492.101 Purpose.—It is hereby declared to be the public policy of the state that, in order to safeguard the life, health, property, and public well-being of its citizens, any person practicing or offering to practice geology in this state shall meet the requirements of this chapter.

History.—ss. 1, 19, ch. 87-403; s. 4, ch. 91-429; s. 194, ch. 94-218; s. 55, ch. 2000-356.

492.102 Definitions.—For the purposes of this chapter, unless the context clearly requires otherwise:

(1) “Board” means the Board of Professional Geologists.

(2) “Department” means the Department of Business and Professional Regulation.

(3) “Geology” means the science which includes the treatment of the earth and its origin and history, in general; the investigation of the earth’s crust and interior and the solids and fluids, including all surface and underground waters, and gases which compose the earth; the study of the natural agents, forces, and processes which cause changes in the earth; and the utilization of this knowledge of the earth and its solids, fluids, and gases, and their collective properties and processes, for the benefit of humankind.

(4) “Geologist” means an individual who, by reason of her or his knowledge of geology, soils, mathematics, and the physical and life sciences, acquired by education and practical experience, is capable of practicing the science of geology.

(5) “Qualified geologist” means an individual who possesses all the qualifications for licensure under the provisions of this chapter, except that such person is not licensed.

(6) “Professional geologist” means an individual who is licensed as a geologist under the provisions of this chapter.

(7) “Practice of professional geology” means the performance of, or offer to perform, geological services, including, but not limited to, consultation, investigation, evaluation, planning, and geologic mapping, but not including mapping as prescribed in chapter 472, relating to geological work, except as specifically exempted by this chapter. Any person who practices any specialty branch of the profession of geology, or who by verbal claim, sign, advertisement, letterhead, card, or any other means represents herself or himself to be a professional geologist, or who through the use of some title implies that she or he is a professional geologist or that she or he is licensed under this chapter, or who holds herself or himself out as able to perform or does perform any geological services or work recognized as professional geology, shall be construed to be engaged in the practice of professional geology.

History.—ss. 2, 19, ch. 87-403; s. 4, ch. 91-429; s. 195, ch. 94-218; s. 517, ch. 97-103; s. 56, ch. 2000-356.

492.103 Board of Professional Geologists.—

(1) There is created in the Department of Business and Professional Regulation the Board of Professional Geologists. The board shall consist of seven members, five of whom shall be professional geologists, and two of whom shall be laypersons who are not and have never been geologists or members of any closely related profession or occupation. The chief of the Bureau of Geology in the Department of Environmental Protection, or his or her designee, shall serve as an ex officio member of the board. Members shall be appointed for 4-year terms.

(2) All provisions of chapter 455 relating to activities of the board shall apply.

History.—ss. 3, 19, ch. 87-403; s. 32, ch. 88-392; s. 4, ch. 91-429; s. 52, ch. 92-149; s. 196, ch. 94-218; s. 458, ch. 94-356; s. 518, ch. 97-103; s. 156, ch. 98-166; s. 217, ch. 2000-160.

492.104 Rulemaking authority.—The Board of Professional Geologists has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this chapter. Every licensee shall be governed and controlled by this chapter and the rules adopted by the board. The board is authorized to set, by rule, fees for application, examination, late renewal, initial licensure, and license renewal. These fees may not exceed the cost of implementing the application, examination, initial licensure, and license renewal or other administrative process and shall be established as follows:

(1) The application fee shall not exceed $150 and shall be nonrefundable.

(2) The examination fee shall not exceed $250, and the fee may be apportioned to each part of a multipart examination. The examination fee shall be refundable in whole or part if the applicant is found to be ineligible to take any portion of the licensure examination.

(3) The initial license fee shall not exceed $100.

(4) The biennial renewal fee shall not exceed $150.

(5) The fee for reactivation of an inactive license may not exceed $50.

(6) The fee for a provisional license may not exceed $400.

(7) The fee for application, examination, and licensure for a license by endorsement is as provided in this section for licenses in general.

History.—ss. 4, 19, ch. 87-403; s. 64, ch. 89-162; s. 49, ch. 91-137; s. 4, ch. 91-429; s. 164, ch. 98-200; s. 57, ch. 2000-356; s. 1, ch. 2014-73; s. 70, ch. 2020-160.

492.105 Licensure by examination; requirements; fees.—

(1) Any person desiring to be licensed as a professional geologist shall apply to the department to take the licensure examination. The written licensure examination shall be designed to test an applicant’s qualifications to practice professional geology, and shall include such subjects as will tend to ascertain the applicant’s knowledge of the fundamentals, theory, and practice of professional geology and may include such subjects as are taught in curricula of accredited colleges and universities. The written licensure examination may be a multipart examination. The department shall examine each applicant who the board certifies:

(a) Has completed the application form and remitted a nonrefundable application fee and an examination fee which is refundable if the applicant is found to be ineligible to take the examination.

(b) Is at least 18 years of age.

(c) Has not committed any act or offense in any jurisdiction which would constitute the basis for disciplining a professional geologist licensed pursuant to this chapter.

(d) Has fulfilled the following educational requirements at a college or university, the geological curricula of which meet the criteria established by an accrediting agency recognized by the United States Department of Education:

1. Graduation from such college or university with a major in geology or other related science acceptable to the board; and

2. Satisfactory completion of at least 30 semester hours or 45 quarter hours of geological coursework.

(e) Has at least 5 years of verified professional geological work experience, which includes a minimum of 3 years of professional geological work under the supervision of a licensed or qualified geologist or professional engineer registered under chapter 471 as qualified in the field or discipline of professional engineering work performed; or has a minimum of 5 accumulative years of verified geological work experience in responsible charge of geological work as determined by the board.

(2) The department shall issue a license to practice professional geology to any person who has:

(a) Paid the appropriate license fee;

(b) Been certified by the board as qualified to practice professional geology; and

(c) Passed the written licensure examination; provided that applicants meeting the other requirements of this section may be licensed without written examination if application is made in proper form within 1 calendar year of October 1, 1987.

(3) The department shall not issue a license to any applicant who is under investigation in any jurisdiction for an offense which would constitute a violation of this chapter. Upon completion of the investigation, the disciplinary provisions of s. 492.113 shall apply.

History.—ss. 5, 19, ch. 87-403; s. 1, ch. 89-79; s. 4, ch. 91-429; s. 294, ch. 94-119; s. 519, ch. 97-103; s. 5, ch. 98-116; s. 58, ch. 2000-356; s. 2, ch. 2014-73.

492.1051 Registered geologist-in-training; requirements.—

(1) A person desiring to register as a geologist-in-training shall apply to the department to take a discrete portion of the examination required for licensure as a professional geologist in this state. This discrete portion shall cover the fundamentals of geology. The department shall examine each applicant who the board certifies:

(a) Has completed the application form and remitted a nonrefundable application fee and an examination fee that is refundable if the applicant is found to be ineligible to take the examination.

(b) Has not committed an act or offense in any jurisdiction which constitutes grounds for disciplining a professional geologist licensed under this chapter; and

(c) Has successfully completed at least 30 semester hours or 45 quarter hours of geological coursework at a college or university, the geological curricula of which meet the criteria established by an accrediting agency recognized by the United States Department of Education and, if still enrolled, has provided a letter of good academic standing from the college or university.

(2) The department shall register as a geologist-in-training each applicant who the board certifies has passed the fundamentals of geology portion of the licensure examination.

(3) A registered geologist-in-training desiring to be licensed as a professional geologist shall apply to the department to take the licensure examination as prescribed in s. 492.105(1), but is not required to retake the fundamentals of geology portion of the licensure examination.

History.—s. 3, ch. 2014-73.

492.106 Provisional licenses.—The department may provide a provisional license to any person who is not a resident of and has not established a place of business in this state, and who is duly licensed in another state, territory, or possession of the United States, or in the District of Columbia, and who has qualifications which the board, upon advice of a committee of the board, deems comparable to those required of professional geologists in this state, upon written application accompanied by the proper application fee, offered prior to the practice of professional geology in this state, under the following restrictions:

(1) Satisfactory proof of licensure as required above shall include the name, residence address, business address, and certification of the license of the applicant from the issuing state, together with the name and address of the authority issuing such license.

(2) The practice of professional geology under a provisional license shall not exceed 1 year.

(3) The practice of professional geology under a provisional license shall be confined to one specified project. Such license may not be renewed or reissued for 5 years from the date of original issuance.

(4) A written statement shall be furnished to the department within 60 days of completion of the work, indicating the time engaged and the nature of the work. A person holding a provisional license shall exhibit such provisional license each time and on each occasion that an indication of licensure is required.

History.—ss. 6, 19, ch. 87-403; s. 50, ch. 91-137; s. 4, ch. 91-429.

492.107 Seals.—

(1) The board shall prescribe, by rule, a form of seal, including its electronic form, to be used by persons holding valid licenses. All geological papers, reports, and documents prepared or issued by the licensee shall be signed, dated, and sealed by the licensee who performed or is responsible for the supervision, direction, or control of the work contained in the papers, reports, or documents. Such signature, date, and seal shall be evidence of the authenticity of that to which they are affixed. Geological papers, reports, and documents prepared or issued by the licensee may be transmitted electronically provided they have been signed by the licensee, dated, and electronically sealed. It is unlawful for any person to sign or seal any document as a professional geologist unless that person holds a current, active license as a professional geologist which has not expired or been revoked or suspended, unless reinstated or reissued.

(2) No licensee shall affix or permit to be affixed her or his seal or name to any geologic reports, papers, or other documents which depict work which the licensee is not licensed to perform or which was not performed by or under the responsible supervision, direction, or control of the licensee.

History.—ss. 7, 19, ch. 87-403; s. 4, ch. 91-429; s. 160, ch. 94-119; s. 59, ch. 2000-356.

492.108 Licensure by endorsement; requirements; fees.—

(1) The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting an application fee, has been certified by the board that he or she:

(a) Has met the qualifications for licensure in s. 492.105(1)(b)-(e) and:

1. Is the holder of an active license in good standing in a state, trust, territory, or possession of the United States.

2. Was licensed through written examination in at least one state, trust, territory, or possession of the United States, the examination requirements of which have been approved by the board as substantially equivalent to or more stringent than those of this state, and has received a score on such examination which is equal to or greater than the score required by this state for licensure by examination.

3. Has taken and successfully passed the laws and rules portion of the examination required for licensure as a professional geologist in this state.

(b) Has held a valid license to practice geology in another state, trust, territory, or possession of the United States for at least 10 years before the date of application and has successfully completed a state, regional, national, or other examination that is equivalent to or more stringent than the examination required by the department. If such applicant has met the requirements for a license by endorsement except successful completion of an examination that is equivalent to or more stringent than the examination required by the board, such applicant may take the examination required by the board. Such application must be submitted to the board while the applicant holds a valid license in another state or territory or within 2 years after the expiration of such license.

(2) The department shall issue a license to practice professional geology to any applicant who successfully complies with the requirements of this section. The department shall not issue a license to any applicant who is under investigation in any jurisdiction for an offense which would constitute a violation of this chapter. Upon completion of the investigation, the disciplinary provisions of s. 492.113 shall apply.

History.—ss. 8, 19, ch. 87-403; s. 51, ch. 91-137; s. 4, ch. 91-429; s. 294, ch. 94-119; s. 520, ch. 97-103; s. 60, ch. 2000-356; s. 71, ch. 2020-160.

492.109 Renewal of license; fees.—

(1) The department shall renew a license upon receipt of the renewal application and fee.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.

(3) The licensee must have on file with the department the address of her or his primary place of practice within this state prior to engaging in that practice. Prior to changing the address of her or his primary place of practice, whether or not within this state, the licensee must notify the department of the address of the new primary place of practice.

History.—ss. 9, 19, ch. 87-403; s. 4, ch. 91-429; s. 290, ch. 94-119; s. 521, ch. 97-103.

492.1101 Inactive status.—

(1) A license that has become inactive may be reactivated under s. 492.109 upon application to the department.

(2) The board shall promulgate rules relating to the reactivation of inactive licenses and shall prescribe by rule a fee for the reactivation of inactive licenses.

History.—ss. 10, 19, ch. 87-403; s. 4, ch. 91-429; s. 291, ch. 94-119.

492.111 Practice of professional geology by a firm, corporation, or partnership.—The practice of, or offer to practice, professional geology by individual professional geologists licensed under the provisions of this chapter through a firm, corporation, or partnership offering geological services to the public through individually licensed professional geologists as agents, employees, officers, or partners thereof is permitted subject to the provisions of this chapter, if:

(1) At all times that it offers geological services to the public, the firm, corporation, or partnership is qualified by one or more individuals who hold a current, active license as a professional geologist in the state and are serving as a geologist of record for the firm, corporation, or partnership. A geologist of record may be any principal officer or employee of such firm or corporation, or any partner or employee of such partnership, who holds a current, active license as a professional geologist in this state, or any other Florida-licensed professional geologist with whom the firm, corporation, or partnership has entered into a long-term, ongoing relationship, as defined by rule of the board, to serve as one of its geologists of record. The geologist of record shall notify the department of any changes in the relationship or identity of that geologist of record within 30 days after such change.

(2) All final geological papers or documents involving the practice of the profession of geology which have been prepared or approved for the use of such firm, corporation, or partnership, for delivery to any person for public record with the state, shall be dated and bear the signature and seal of the professional geologist or professional geologists who prepared or approved them.

(3) Except as provided in s. 558.0035, the fact that a licensed professional geologist practices through a corporation or partnership does not relieve the registrant from personal liability for negligence, misconduct, or wrongful acts committed by her or him. The partnership and all partners are jointly and severally liable for the negligence, misconduct, or wrongful acts committed by their agents, employees, or partners while acting in a professional capacity. Any officer, agent, or employee of a corporation is personally liable and accountable only for negligent acts, wrongful acts, or misconduct committed by her or him or committed by any person under her or his direct supervision and control, while rendering professional services on behalf of the corporation. The personal liability of a shareholder of a corporation, in her or his capacity as shareholder, may be no greater than that of a shareholder-employee of a corporation incorporated under chapter 607. The corporation is liable up to the full value of its property for any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services.

History.—ss. 11, 19, ch. 87-403; s. 52, ch. 91-137; s. 4, ch. 91-429; s. 294, ch. 94-119; s. 522, ch. 97-103; s. 61, ch. 2000-356; s. 1, ch. 2004-294; s. 7, ch. 2013-28; s. 72, ch. 2020-160.

492.112 Prohibitions; penalties.—

(1) A person may not knowingly:

(a) Practice professional geology unless the person is licensed under this chapter.

(b) Use the name or title “Professional Geologist” or any other title, designation, words, letters, abbreviations, or device tending to indicate that the person holds an active license as a professional geologist when the person is not licensed under this chapter.

(d) Give false or forged evidence to the department.

(e) Use or attempt to use a license that has been suspended, revoked, or placed on inactive or delinquent status.

(f) Employ unlicensed persons to practice professional geology.

(g) Conceal information relative to violations of this chapter.

(2) Any person who violates any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 12, 19, ch. 87-403; s. 120, ch. 91-224; s. 4, ch. 91-429; s. 292, ch. 94-119; s. 523, ch. 97-103; s. 62, ch. 2000-356; s. 2, ch. 2004-294.

492.113 Disciplinary proceedings.—

(1) The following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken:

(a) Violation of any provision of s. 492.112 or any other provision of this chapter.

(b) Attempting to procure a license to practice professional geology by bribery or fraudulent misrepresentations.

(c) Having a license to practice professional geology revoked, suspended, or otherwise acted against, including the denial of licensure by the licensing authority of another state, territory, or country.

(d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of professional geology or the ability to practice professional geology.

(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only those that are signed in the capacity of a licensed professional geologist.

(f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

(g) Committing an act of fraud or deceit, negligence, incompetence, or misconduct in the practice of professional geology.

(h) Violation of chapter 455.

(i) Practicing on a revoked, suspended, inactive, or delinquent license.

(j) Affixing or permitting to be affixed her or his name to geological papers, reports, or documents that were not prepared by her or him or under her or his responsible supervision, direction, or control.

(k) Violating a rule of the department or board or any order of the department or board previously entered in a disciplinary hearing.

(2) The board shall specify, by rule, what acts or omissions constitute a violation of subsection (1).

(3) When the board finds any person guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:

(a) Denial of an application for licensure.

(b) Revocation or suspension of a license.

(d) Issuance of a reprimand.

(e) Placement of the licensee on probation for a period of time and subject to such conditions as the board may specify.

(f) Restriction of the authorized scope of practice by the licensee.

(4) The department shall reissue the license of a disciplined professional geologist upon certification by the board that the disciplined person has complied with the terms and conditions set forth in the final order.

History.—ss. 13, 19, ch. 87-403; s. 4, ch. 91-429; s. 293, ch. 94-119; s. 524, ch. 97-103; s. 157, ch. 98-166; s. 218, ch. 2000-160; s. 63, ch. 2000-356; s. 3, ch. 2004-294; s. 73, ch. 2020-160.

492.114 Lost, destroyed, stolen, or mutilated licenses.—A duplicate license for a duly licensed professional geologist may be issued to replace a license lost, destroyed, stolen, or mutilated, subject to rules of the department. Any mutilated license shall be returned to the department before a duplicate license may be issued. Any lost, presumed destroyed, or stolen license for which a duplicate license has been issued shall be returned to the department, if found. All licenses issued under this section shall be plainly marked with the word “DUPLICATE.”

History.—ss. 14, 19, ch. 87-403; s. 4, ch. 91-429.

492.115 Roster of licensed professional geologists.—A roster showing the names and places of business or residence of all licensed professional geologists and all properly qualified firms, corporations, or partnerships practicing professional geology in the state shall be prepared annually by the department. A copy of this roster must be made available to each licensed professional geologist and each firm, corporation, or partnership qualified by a professional geologist, and copies thereof shall be placed on file with the department.

History.—ss. 15, 19, ch. 87-403; s. 4, ch. 91-429; s. 4, ch. 2004-294; s. 74, ch. 2020-160.

492.116 Exemptions.—The following persons are specifically exempted from this chapter, provided, however, that all final geological papers or documents which have been prepared by a person exempt under subsection (1), subsection (2), subsection (3), or subsection (4) for delivery to any person for public record with the state shall be dated and bear the signature and seal of the professional geologist or professional geologists who prepared or approved them:

(1) Persons engaged solely in teaching the science of geology.

(2) Persons engaged in geological research which does not affect the health, safety, or well-being of the public.

(3) Officers and employees of the United States Government, the State of Florida, water management districts, or other local or regional governmental entities practicing solely as such officers or employees.

(4) Regular full-time employees of a corporation not engaged in the practice of professional geology as such, who are directly supervised by a person licensed as a professional geologist under this chapter.

(5) A person employed on a full-time basis as a geologist by an employer engaged in the business of developing, mining, or treating ores, other minerals, and petroleum resources if that person engages in geological practice exclusively for and as an employee of such employer and does not hold herself or himself out and is not held out as available to perform any geological services for persons other than her or his employer.

History.—ss. 16, 19, ch. 87-403; s. 33, ch. 88-392; s. 4, ch. 91-429; s. 525, ch. 97-103; s. 64, ch. 2000-356.

492.1165 Construction of chapter.—Nothing in this chapter shall be construed to prevent or prohibit the practice of any profession or trade for which a license is required under any other law of this state, or the practice by registered professional engineers.

History.—ss. 17, 19, ch. 87-403; s. 4, ch. 91-429; s. 65, ch. 2000-356.

F.S. 492 on Google Scholar

F.S. 492 on Casetext

Amendments to 492

Arrestable Offenses / Crimes under Fla. Stat. 492

Level: Degree
Misdemeanor/Felony: First/Second/Third

S492.112 1a - PUBLIC ORDER CRIMES - PRACTICE GEOLOGY WO LIC - M: F

S492.112 1b - FRAUD-IMPERSON - USE TITLE PROFESSIONAL GEOLOGIST WO LIC - M: F

S492.112 1c - FRAUD-IMPERSON - PRESENT GEOLOGIST TITLE OF ANOTHER - M: F

S492.112 1d - FRAUD-FALSE STATEMENT - GIVE TO DEPARTMENT - M: F

S492.112 1d - PASS FORGED - PASS FORGED LIC TO DEPARTMENT - M: F

S492.112 1e - PUBLIC ORDER CRIMES - USE SUSP RVKD INACTIVE DELINQ GEOLOGY LIC - M: F

S492.112 1f - PUBLIC ORDER CRIMES - EMPLOY GEOLOGIST WO LIC - M: F

S492.112 1g - PUBLIC ORDER CRIMES - CONCEAL INFO RE GEOLOGY LIC VIOL - M: F

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Gordon v. Bibb Cnty. Sch. Dist.
No. 22-13286 (11th Cir. Nov. 29, 2023)
Motion for summary judgment
1 more...
Because the school district granted all of Hall-Gordon's reasonable accommodation requests, she cannot show she was discriminated against under the ADA or the Rehabilitation Act. Holly, 492 F.3d at 155 56.
PAGE 9
City of Gainesville v. Rodgers
No. 1D2023-0451 (Fla. Dist. Ct. App. Nov. 29, 2023)
Motion for summary judgment
We review a ruling on a motion for a new trial under the abuse of discretion standard. See Heartland Express, Inc. of Iowa v. Farber, 230 So.3d 146, 150 (Fla. 1st DCA 2017). "A trial court's discretion, while broad, is not unbridled." Ashcroft v. Calder Race Course, Inc., 492 So.2d 1309, 1314 (Fla. 1986).
PAGE 6
Palm Beach Polo Holdings Inc. v. Ethrensa Family Tr. Co.
No. 4D2022-3003 (Fla. Dist. Ct. App. Nov. 29, 2023)
Motion for summary judgment
From this final summary judgment, Polo Holdings takes this appeal. A trial court's entry of summary judgment is reviewed de novo. Blind Monk, LLC v. USO Norge Whitney, LLC, 368 So.3d 980, 983 (Fla. 4th DCA 2023). "Summary judgment is appropriate where the movant shows no genuine disputes as to any material facts remain and the movant is entitled to judgment as a matter of law." Id. (citing Fla. R. Civ. P. 1.510(a)). A trial court's interpretation of a contract is also reviewed de novo. Inlet Colony, LLC v. Martindale, 340 So.3d 492, 494 (Fla. 4th DCA 2022).
PAGE 6
Ebsary Found. Co. v. Servinsky
No. 4D2022-1990 (Fla. Dist. Ct. App. Nov. 22, 2023)
First, the Servinskys' proffered evidence is not directly related to the allegation that Ebsary was grossly negligent in hiring Pool. See HRB Tax Grp., Inc. v. Fla. Investigation Bureau, Inc., 360 So.3d 1159, 1162 (Fla. 4th DCA 2023) ("[T]he trial court improperly considered allegations and evidence not relevant to the claim for which punitive damages were sought"). The Florida Traffic Crash Report-detailing the officer's narrative of the accident finding Pool at fault and smelling of alcohol-occurred after Pool was hired. Servinsky's observation that Pool reeked of alcohol at the accident scene, occurred after Pool was hired. The handwritten notes about Pool's termination, including the presence of beer bottles in his company vehicle, occurred after Pool's hiring. Finally, another employee's handwritten note also referred to information after Pool was hired. See Garcia v. Duffy, 492 So.2d 435, 438 (Fla. 2d DCA 1986) (explaining that facts relating to negligent hiring occur prior to the time the employee is hired, whereas facts relating to negligent retention occur after the employee has been hired and during the course of employment).
PAGE 3
Restless Media GmbH v. Johnson
No. 22-CV-80120-RAR (S.D. Fla. Nov. 22, 2023)
Motion for summary judgment
Motion to dismiss
5 more...
“[F]ederal courts are to apply state substantive law and federal procedural law” when deciding state law claims. See Hanna v. Plumer, 380 U.S. 460, 465 (1965) (citing Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938)); see also Royalty Network, Inc. v. Harris, 756 F.3d 1351, 1357 (11th Cir. 2014). Thus, when federal courts are sitting in diversity jurisdiction as here, “only substantive state law must be applied” to state law claims, while “federal law governs matters of procedure.” Lundgren v. McDaniel, 814 F.2d 600, 605 (11th Cir. 1987) (citing Nat'l Distillers & Chem. Corp. v. Brad's Mach. Prods., Inc., 666 F.2d 492, 494-95 (11th Cir. 1982)). Accordingly, Florida law applies with respect to Plaintiff s state law claims (Counts 1-6; 910), and federal law applies to Plaintiff s RICO and declaratory judgment claims (Counts 7 and 8).
PAGE 12
Gilfus v. McNally Capital, LLC
8:18-cv-2941-CEH-CPT (M.D. Fla. Nov. 17, 2023)
1 more...
A determination as to whether Plaintiff has a right to a jury trial begins with the Seventh Amendment, which preserves the “right of trial by jury” in “[s]uits at common law.” U.S. Const. amend. VII. The Supreme Court has articulated a two-part test that courts use to determine whether the Seventh Amendment's right to a jury trial applies to a plaintiff's particular claim. Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989). “Under that test, a court must first ‘compare the statutory action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity.' It must then ‘examine the remedy sought and determine whether it is legal or equitable in nature.'” Hughes v. Priderock Cap. Partners, LLC, 812 Fed.Appx. 828, 831 (11th Cir. 2020) (quoting Granfinanciera, 492 U.S. at 42). The second factor is “more important than the first.” Id.
PAGE 2
Walker v. Dismas Charities, Inc.
No. 22-13847 (11th Cir. Nov. 14, 2023)
Motion to dismiss
2 more...
"Since these cases, the [Supreme] Court has not implied additional causes of action under the Constitution." Egbert v. Boule, 596 U.S. 482, 491 (2022). Instead, the Court has described "expanding the Bivens remedy" as "a disfavored judicial activity." Ziglar v. Abbasi, 582 U.S. 120, 135 (2017) (internal quotation marks omitted). Recently, the Court clarified that the inquiry into whether a Bivens remedy is available "often resolve[s] to a single question: whether there is any reason to think that Congress might be better equipped to create a damages remedy." Boule, 596 U.S. at 492. And when a case "involves a new category of defendants, . . . a court is not undoubtedly better positioned than Congress to create a damages action." Id. (internal quotation marks omitted).
PAGE 9
Luna-Uscanga v. Warden, FCC Coleman - Low
5:23-cv-397-WFJ-PRL (M.D. Fla. Nov. 8, 2023)
District courts are afforded considerable discretion to reconsider prior decisions. See Harper v. Lawrence Cnty., 592 F.3d 1227, 1231-32 (11th Cir. 2010) (discussing reconsideration of interlocutory orders); Lamar Advert. of Mobile, Inc. v. City of Lakeland, 189 F.R.D. 480, 488-89, 492 (M.D. Fla. 1999) (discussing reconsideration generally and under Federal Rule of Civil Procedure 54(b)); Sussman v. Salem, Saxon & Nielsen, P.A., 153 F.R.D. 689, 694 (M.D. Fla. 1994) (discussing reconsideration under Rule 59(e) and Rule 60(b)). Courts in this District recognize “three grounds justifying reconsideration of an order: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or manifest injustice.” McGuire v. Ryland Grp., Inc., 497 F.Supp.2d 1356, 1358 (M.D. Fla. 2007) (quotation omitted); Montgomery v. Fla. First Fin. Grp., Inc., No. 6:06-cv-1639-Orl-31KRS, 2007 WL 2096975, at *1 (M.D. Fla. July 20, 2007). “Reconsideration of a previous order is an extraordinary measure and should be applied sparingly.” Scelta v. Delicatessen Support Servs., Inc., 89 F.Supp.2d 1311, 1320 (M.D. Fla. 2000).
PAGE 2
N. Fla. Mango, LP v. LLS Holdings, LLC
No. 4D2022-2034 (Fla. Dist. Ct. App. Nov. 8, 2023)
Motion for summary judgment
We review de novo an order granting summary judgment. Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla. 2000). "A trial court's interpretation of a contract is [also] reviewed de novo." Inlet Colony, LLC v. Martindale, 340 So.3d 492, 494 (Fla. 4th DCA 2022) (citation omitted). However, "[t]he decision whether to grant or withhold a judgment for specific performance is a matter within the sound discretion of the trial court[,] which will not be disturbed on appeal unless clearly erroneous." Muniz v. Crystal Lake Project, LLC, 947 So.2d 464, 469 (Fla. 3d DCA 2006). A mixed standard thus applies.
PAGE 5
United States v. Thompson
3:23-cr-67-TJC-JBT (M.D. Fla. Nov. 7, 2023)
Trial courts have “broad discretion” to give an Allen charge, or to “instruct a deadlocked jury to keep deliberating.” United States v. Davis, 779 F.3d 1305, 1311-12 (11th Cir. 2015) (citing Allen v. United States, 164 U.S. 492, 501-02 (1896)). The charge “must not coerce any juror to give up an honest belief.” Id. (citations omitted). In the Eleventh Circuit, several non-exhaustive factors help analyze whether an Allen charge is improperly coercive:
PAGE 7
Cases from cite.case.law:
MCGIRT, v. OKLAHOMA, 140 S. Ct. 2452 (U.S. 2020)

. . . Confederated Tribes and Bands of Yakima Nation , 492 U.S. 408, 448, 109 S.Ct. 2994, 106 L.Ed.2d 343 ( . . .
P. BARR, v. AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC., 140 S. Ct. 2335 (U.S. 2020)

. . . Lessee of Dudley , 2 Pet. 492, 526, 7 L.Ed. 496 (1829) ; see also Dorchy v. . . .
JUNE MEDICAL SERVICES L. L. C. v. RUSSO, v. LLC., 140 S. Ct. 2103 (U.S. 2020)

. . . Reproductive Health Services , 492 U.S. 490, 532-537, 109 S.Ct. 3040, 106 L.Ed.2d 410 (1989) (Scalia, . . .
SEILA LAW LLC, v. CONSUMER FINANCIAL PROTECTION BUREAU, 140 S. Ct. 2183 (U.S. 2020)

. . . Free Enterprise Fund , 561 U.S., at 492, 130 S.Ct. 3138. . . . Enterprise Fund , we returned to the principles set out in the "landmark case of Myers ." 561 U.S., at 492 . . . Id. , at 492, 130 S.Ct. 3138. . . .
L. BAXTER v. BRACEY,, 140 S. Ct. 1862 (U.S. 2020)

. . . Reed , 500 U.S. 478, 489-492, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991). . . . Pape , 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), the Court held that an officer acts " 'under . . .
BANISTER, v. DAVIS,, 140 S. Ct. 1698 (U.S. 2020)

. . . Murphy , 103 F.2d 492, 493 (CA10 1939) (sua sponte alteration deemed void on appeal); Tiberg v. . . .
ATLANTIC RICHFIELD COMPANY, v. A. CHRISTIAN,, 140 S. Ct. 1335 (U.S. 2020)

. . . Central Bank of Nigeria , 461 U.S. 480, 492, 103 S.Ct. 1962, 76 L.Ed.2d 81 (1983) ). . . .
RAMOS, v. LOUISIANA, 140 S. Ct. 1390 (U.S. 2020)

. . . American Civil Liberties Union, Greater Pittsburgh Chapter , 492 U.S. 573, 668, 109 S.Ct. 3086, 106 L.Ed . . .
K. KAHLER, v. KANSAS, 140 S. Ct. 1021 (U.S. 2020)

. . . State , 31 Ind. 492, 507-508 (1869) ; State v. Felter , 25 Iowa 67, 82-83 (1868) ; Hopps v. . . . Crenshaw , 98 Wash.2d 789, 794-795, 659 P.2d 488, 492-493 (1983) ; Ark. . . .
MCKINNEY, v. ARIZONA, 140 S. Ct. 702 (U.S. 2020)

. . . Lynaugh , 492 U.S. 302, 329-330, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). . . .
ADAME- HERNANDEZ, v. P. BARR,, 140 S. Ct. 608 (U.S. 2019)

. . . BARR, Attorney General No. 19-492 Supreme Court of the United States. . . .
ANIMAL LEGAL DEFENSE FUND v. UNITED STATES DEPARTMENT OF AGRICULTURE, 935 F.3d 858 (9th Cir. 2019)

. . . Ct. 640, 202 L.Ed.2d 492 (2018) ; Hajro v. U.S. . . . Tax Analysts , 492 U.S. 136, 153 n.13, 109 S.Ct. 2841, 106 L.Ed.2d 112 (1989) ("[O]nce an agency has . . . fail[ing] to comply with one of FOIA's 'mandatory disclosure requirements' " (quoting Tax Analysts , 492 . . .
REPRODUCTIVE HEALTH SERVICES OF PLANNED PARENTHOOD OF ST. LOUIS REGION, INC. P. D. O. M. S. C. I. F. A. C. O. G, v. L. PARSON,, 389 F. Supp. 3d 631 (W.D. Mo. 2019)

. . . Reproductive Health Services, 492 U.S. 490, 528, 109 S.Ct. 3040, 106 L.Ed.2d 410 (1989) (where testing . . .
COLE v. CARSON, v., 935 F.3d 444 (5th Cir. 2019)

. . . Ct. 473, 484, 5 L.Ed.2d 492 (1961). . . . Pape , 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), which converted an 1871 statute covering constitutional . . .
BACA v. COLORADO DEPARTMENT OF STATE, G. T. L. M., 935 F.3d 887 (10th Cir. 2019)

. . . confers on the President 'the general administrative control of those executing the laws.' " Id. at 492 . . .
BOWLES, v. DESANTIS,, 934 F.3d 1230 (11th Cir. 2019)

. . . Giarratano, 492 U.S. 1, 11, 109 S.Ct. 2765, 106 L.Ed.2d 1 (1989) ("[P]risoners seeking judicial relief . . .
GUPTA, v. MORGAN STANLEY SMITH BARNEY, LLC,, 934 F.3d 705 (7th Cir. 2019)

. . . Dist. , 672 F.3d 492, 498 (7th Cir. 2012). . . . Co. of Chicago , 110 Ill.App.3d 492, 66 Ill.Dec. 160, 442 N.E.2d 586, 591 (1982) ). . . .
UNITED STATES v. WILLIAMS, 934 F.3d 804 (8th Cir. 2019)

. . . McIntosh , 492 F.3d 956, 959 (8th Cir. 2007) (cleaned up). . . .
LEWIS, v. CITY OF UNION CITY, GEORGIA,, 934 F.3d 1169 (11th Cir. 2019)

. . . Clairson Indus., L.L.C. , 492 F.3d 1247, 1255-56 (11th Cir. 2007) ). . . . Clairson Indus., L.L.C. , 492 F.3d 1247, 1285 (11th Cir. 2007) ). . . . Clairson Indus., L.L.C. , 492 F.3d 1247, 1262 (11th Cir. 2007) ("[A]n employer's failure to reasonably . . .
HAWKINS v. I- TV DIGITALIS TAVKOZLESI ZRT. f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V. v. i- TV f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V., 935 F.3d 211 (4th Cir. 2019)

. . . Compagnie des Bauxites de Guinee , 456 U.S. 694, 706, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982). . . .
DOLLAR LOAN CENTER OF SOUTH DAKOTA, LLC, v. AFDAHL, LLC, v., 933 F.3d 1019 (8th Cir. 2019)

. . . The annual percentage rate ("APR") on these loans varied from 259 percent to 492 percent. . . .
ROMO, v. P. BARR,, 933 F.3d 1191 (9th Cir. 2019)

. . . Gonzales , 492 F.3d 156, 164-67 (2d Cir. 2007) ; Peters v. . . .
SANOFI- AVENTIS U. S. LLC, IP, v. DR. REDDY S LABORATORIES, INC. Dr. s USA, LLC, LLC, LLC,, 933 F.3d 1367 (Fed. Cir. 2019)

. . . Alphapharm Pty. , Ltd. , 492 F.3d 1350, 1357 (Fed. Cir. 2007). . . .
UNITED STATES v. C. BROWN, v. N., 934 F.3d 1278 (11th Cir. 2019)

. . . United States , 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896) (holding that a trial court may encourage . . .
ESTATE OF ROMAIN, v. CITY OF GROSSE POINTE FARMS A. J., 935 F.3d 485 (6th Cir. 2019)

. . . City of Brunswick , 287 F.3d 492, 510-12 (6th Cir. 2002). . . .
IN RE NATIONAL FOOTBALL LEAGUE S SUNDAY TICKET ANTITRUST LITIGATION, Jr. v. LLC LLC NFL LLC LLC LP LLC LLC NFL LP LLC LP LLC LP Co. LLC LP LLC, 933 F.3d 1136 (9th Cir. 2019)

. . . Supp. 490, 492 (W.D. Pa. 1938). The Pirates sued to enjoin the unauthorized broadcasts. Id. . . .
EFFEX CAPITAL, LLC, v. NATIONAL FUTURES ASSOCIATION,, 933 F.3d 882 (7th Cir. 2019)

. . . First Nat'l Bank & Trust Co. , 522 U.S. 479, 492, 118 S.Ct. 927, 140 L.Ed.2d 1 (1998) (quoting Ass'n . . .
UNITED STATES v. SAINZ,, 933 F.3d 1080 (9th Cir. 2019)

. . . Poindexter , 492 F.3d 263, 271 (4th Cir. 2007) ; United States v. . . .
CLARK, v. WARDEN,, 934 F.3d 483 (6th Cir. 2019)

. . . Jernigan , 492 F.3d 1050, 1056-57 (9th Cir. 2007) (en banc)). . . .
J. AVENA, v. CHAPPELL,, 932 F.3d 1237 (9th Cir. 2019)

. . . Lynaugh , 492 U.S. 302, 328, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) ("In order to ensure reliability . . . Penry , 492 U.S. at 328, 109 S.Ct. 2934. . . .
PILLAR DYNASTY LLC, v. NEW YORK COMPANY, INC., 933 F.3d 202 (2nd Cir. 2019)

. . . Corp. , 287 F.2d 492, 495 (2d Cir. 1961) (Friendly, J. ) (listing factors, including actual confusion . . .
FREEDOM FROM RELIGION FOUNDATION, INC. v. COUNTY OF LEHIGH,, 933 F.3d 275 (3rd Cir. 2019)

. . . ACLU Greater Pittsburgh Chapter , 492 U.S. 573, 670, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989) (Kennedy, . . .
UNITED STATES v. BROWN, v. J., 932 F.3d 1011 (7th Cir. 2019)

. . . agreed to drop under the plea agreement) would have increased the applicable guidelines range to 471-492 . . .
IN RE CUTULI v., 389 F. Supp. 3d 1051 (M.D. Fla. 2019)

. . . Compagnie des Bauxites de Guinee , 456 U.S. 694, 706-07, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982). . . .
LOCAL COMMUNICATIONS WORKERS OF AMERICA, AFL- CIO v. CITY OF NEW YORK, 392 F. Supp. 3d 361 (S.D.N.Y. 2019)

. . . AGS Computers, Inc. , 74 N.Y.2d 487, 492, 549 N.Y.S.2d 365, 548 N.E.2d 903 (1989). . . . See Hooper Assocs. , Ltd. , 74 N.Y.2d at 492, 549 N.Y.S.2d 365, 548 N.E.2d 903. . . .
KORTRIGHT CAPITAL PARTNERS LP, TY v. INVESTCORP INVESTMENT ADVISERS LIMITED,, 392 F. Supp. 3d 382 (S.D.N.Y. 2019)

. . . (Trial Tr. at 197-201 (Taylor); Trial Tr. at 492-94 (Munsell); Trial Tr. at 768, 855-56 (Vamvakas); see . . .
UNITED STATES v. PRADO,, 933 F.3d 121 (2nd Cir. 2019)

. . . Adams, 448 F.3d 492, 497-502 (2d Cir. 2006) (vacating defendant's conviction on a plea of guilty to conspiracy . . .
UNITED STATES v. P. MAZZULLA, 932 F.3d 1091 (8th Cir. 2019)

. . . Thompson, 492 F.2d 359, 362 (8th Cir. 1974) ). . . .
D. TORRY, Q. I. v. CITY OF CHICAGO,, 932 F.3d 579 (7th Cir. 2019)

. . . See 492 F. Supp. 464, 469 (E.D. . . .
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, v. BEACH MART, INC. L L, 932 F.3d 268 (4th Cir. 2019)

. . . J.A. 117, 492. . . . J.A. 77, 492. . . . J.A. 77, 492. . . . J.A. 117, 492-93. . . . J.A. 77, 492 (emphases added). . . .
MITCHELL, v. MACLAREN,, 933 F.3d 526 (6th Cir. 2019)

. . . Eagan , 492 U.S. 195, 198, 109 S.Ct. 2875, 106 L.Ed.2d 166 (1989) ). . . . giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court ." 492 . . . See Duckworth , 492 U.S. at 204-05, 109 S.Ct. 2875. . . . to court" language "accurately described the procedure for the appointment of counsel in Indiana," 492 . . . the accused of his right to have an attorney present if he chose to answer questions," Duckworth , 492 . . .
D. LEISER, v. KLOTH,, 933 F.3d 696 (7th Cir. 2019)

. . . Kallas , 895 F.3d 492, 499 (7th Cir. 2018) ("An absence of treatment is equally actionable whether the . . .
UNITED STATES v. MATHIS, a k a a k a a k a D- v. a k a a k a v. a k a a k a a k a v. a k a a k a K. a k a a k a v. a k a a k a a k a v. a k a a k a a k a a k a, 932 F.3d 242 (4th Cir. 2019)

. . . Co. , 492 U.S. 229, 239, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989) ("It is this factor of continuity plus . . . Inc. , 492 U.S. at 241-42, 109 S.Ct. 2893 (holding that the continuity prong can be met by showing that . . .
L. CRUMP, v. M. SAUL,, 932 F.3d 567 (7th Cir. 2019)

. . . Berryhill , 923 F.3d 492 (7th Cir. 2019). . . .
YOC- US, v. ATTORNEY GENERAL UNITED STATES v., 932 F.3d 98 (3rd Cir. 2019)

. . . Ct. 1609, 1614, 191 L.Ed.2d 492 (2015) (citations omitted). . . .
IN RE WASHINGTON, v. N. A., 602 B.R. 710 (B.A.P. 9th Cir. 2019)

. . . Malaier (In re Free) , 542 B.R. 492, 497 (9th Cir. BAP 2015). . . .
UNITED STATES v. FELDMAN,, 931 F.3d 1245 (11th Cir. 2019)

. . . Catron , 1915-NMSC-021, ¶ 7, 20 N.M. 168, 148 P. 490, 492. . . .
UNITED STATES v. CORNETTE,, 932 F.3d 204 (4th Cir. 2019)

. . . State , 166 Ga.App. 137, 303 S.E.2d 492, 494 (1983) (stating that an indictment "must specify the location . . .
J. GILLIAM, C. Ad v. SEALEY, E. C. T. A. Sr. C. T. A. WTVD LLC J. C. Ad v. C. T. A. E. C. T. A. Sr. WTVD LLC, 932 F.3d 216 (4th Cir. 2019)

. . . Cooley , 91 N.C.App. 209, 371 S.E.2d 492, 495 (1988) ("We question the continuing validity of this rule . . .
DEMOCRATIC NATIONAL COMMITTEE, v. RUSSIAN FEDERATION, 392 F. Supp. 3d 410 (S.D.N.Y. 2019)

. . . State Police, 492 F.3d 24, 31 (1st Cir. 2007) (holding that the First Amendment protected publication . . . Jean, 492 F.3d at 31 (holding that the First Amendment protected an individual who posted a recording . . . Jean, 492 F.3d at 31 ; Nicholson v. McClatchy Newspapers, 177 Cal. . . . Co., 492 U.S. 229, 239, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989). . . . Inc., 492 U.S. at 242, 109 S.Ct. 2893. In the Second Circuit, two years is generally required. . . .
UNITED STATES v. GALECKI, v., 932 F.3d 176 (4th Cir. 2019)

. . . district court's quashing of subpoenas to CIA officials for abuse of discretion); Soriano-Jarquin , 492 . . . United States , 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). See United States v. . . . Soriano-Jarquin , 492 F.3d 495, 504 (4th Cir. 2007), but criminal defendants may seek such agency employees . . .
WOODSTOCK VENTURES LC LLC, v. WOODSTOCK ROOTS, LLC, LLC d b a LLC, LLC, CHET- LP,, 387 F. Supp. 3d 306 (S.D.N.Y. 2019)

. . . No. 105) 492:10-12; July 21, 2017 Cease and Desist Letter (Dkt. . . . Corp., 287 F.2d 492 (2d Cir. 1961) : "(1) the strength of the [movant's] mark; (2) the similarity of . . .
UNITED STATES v. GLENN,, 931 F.3d 424 (5th Cir. 2019)

. . . Ct. 1609, 1614-15, 191 L.Ed.2d 492 (2015). . . .
COBA v. FORD MOTOR COMPANY, 932 F.3d 114 (3rd Cir. 2019)

. . . Unizan Bank , 649 F.3d 492, 500 (6th Cir. 2011) ("The 'filed under' language shows that it is the time . . . Unizan Bank , 649 F.3d 492, 500-01 (6th Cir. 2011) ; Buetow v. A.L.S. . . .
HUPP R. H. a v. COOK C. R., 931 F.3d 307 (4th Cir. 2019)

. . . A.B. , 234 W.Va. 492, 766 S.E.2d 751, 762 (2014) (citation omitted). . . .
U. S. COMMODITY FUTURES TRADING COMMISSION, v. MONEX CREDIT COMPANY, 931 F.3d 966 (9th Cir. 2019)

. . . M-I, LLC , 853 F.3d 492, 499 (9th Cir. 2017). . . .
In MATTER OF BENJAMIN, v., 932 F.3d 293 (5th Cir. 2019)

. . . City of Austin , 851 F.3d 489, 492 (5th Cir. 2017). . . .
UNITED STATES v. COONCE, Jr., 932 F.3d 623 (8th Cir. 2019)

. . . Illinois , 504 U.S. 719, 729-32, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). . . .
DJERF, v. L. RYAN,, 931 F.3d 870 (9th Cir. 2019)

. . . Lynaugh , 492 U.S. 302, 319-28, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989), abrogated on other grounds by . . .
UNITED STATES v. CORRALES- VAZQUEZ,, 931 F.3d 944 (9th Cir. 2019)

. . . Oscar , 496 F.2d 492, 494 (9th Cir. 1974). . . . Oscar , 496 F.2d 492, 494 (9th Cir. 1974) (citation omitted). . . . Oscar , 496 F.2d 492, 494 (9th Cir. 1974). . . .
EAST BAY SANCTUARY COVENANT, v. BARR,, 385 F. Supp. 3d 922 (N.D. Cal. 2019)

. . . Agency , 846 F.3d 492, 521 (2d Cir. 2017) ). " State Farm review for arbitrariness focuses on the rationality . . . ACLU Greater Pittsburgh Chapter, 492 U.S. 573, 668, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989) (Kennedy, . . .
FIVE PERCENT NUTRITION, LLC, v. GET FIT FAST SUPPLEMENTS, LLC,, 391 F. Supp. 3d 1093 (M.D. Fla. 2019)

. . . Harbor Hills Dev., L.P., 179 So. 3d 489, 492 (Fla. 5th DCA 2015) (quoting Aerojet-Gen. Corp. v. . . .
NORTHPORT HEALTH SERVICES OF ARKANSAS, LLC, NHS LLC v. POSEY, AARP AARP s s, 930 F.3d 1027 (8th Cir. 2019)

. . . Talley, 546 S.W.3d 492, 497 (Ark. Ct. App. 2018) ; Broadway Health & Rehab, LLC v. . . .
UNITED STATES v. IWAI,, 930 F.3d 1141 (9th Cir. 2019)

. . . Patterson , 492 F.2d 995, 997 (9th Cir. 1974) ). . . .
CROWLEY MARITIME CORPORATION, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,, 931 F.3d 1112 (11th Cir. 2019)

. . . Rosenhagen, 492 So. 2d 1086, 1089-90 (Fla. 4th DCA 1986) ). . . .
MATSON, v. SANDERSON FARMS, INC., 388 F. Supp. 3d 853 (S.D. Tex. 2019)

. . . Airlines Co. , 903 F.3d 487, 492 (5th Cir. 2018) ("[W]hat matters is not whether [the employer] was objectively . . . City of Shreveport , 492 F.3d 551, 562 (5th Cir. 2007) ("[O]nce the employer offers a legitimate, nondiscriminatory . . . See DeVoss , 903 F.3d at 492 ("[An employee] cannot establish pretext solely by relying on her subjective . . .
UNITED STATES v. HARRY, 930 F.3d 1000 (8th Cir. 2019)

. . . Ct. 1609, 1612, 191 L.Ed.2d 492 (2015), and that the sniff was not supported by reasonable suspicion. . . .
L. TATUM, v. SOUTHERN COMPANY SERVICES, INCORPORATED,, 930 F.3d 709 (5th Cir. 2019)

. . . Airlines Co. , 903 F.3d 487, 492 (5th Cir. 2018). . . .
WOOD GROUP PRODUCTION SERVICES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, A., 930 F.3d 733 (5th Cir. 2019)

. . . See id. at 492 (discussing Herb's Welding , 470 U.S. at 422 n.6, 105 S.Ct. 1421 ; Rodrigue v. . . .
NEW YORK TIMES COMPANY P. v. UNITED STATES DEPARTMENT OF JUSTICE,, 390 F. Supp. 3d 499 (S.D.N.Y. 2019)

. . . Tax Analysts , 492 U.S. 136, 151, 109 S.Ct. 2841, 106 L.Ed.2d 112 (1989) ), and "doubts as to the applicability . . .
IN RE A. STEWART, P., 603 B.R. 138 (Bankr. W.D. Okla. 2019)

. . . [Doc. 492]. The Motion remains pending. . . .
IN RE HANNA, DMM s, v., 603 B.R. 571 (Bankr. S.D. Tex. 2019)

. . . Alicea (In re Alicea), 230 B.R. 492, 501 (Bankr. . . .
ANDERSON v. GHALY,, 930 F.3d 1066 (9th Cir. 2019)

. . . Rodgers , 492 F.3d 1094, 1103 (9th Cir. 2007). . . . Ball , 492 F.3d at 1105. . . . See Blessing , 520 U.S. at 347-48, 117 S.Ct. 1353 ; Ball , 492 F.3d at 1117. . . . Ball , 492 F.3d at 1116 ; see also Gomez-Perez v. . . . Ball , 492 F.3d at 1104 n.15. . . .
TAYLOR, v. GRUBBS v. LT. SCDC SCDC DOE, DOE, AI v. SCDC LT MR C, 930 F.3d 611 (4th Cir. 2019)

. . . DEA , 492 F.3d 428, 432-33 (D.C. Cir. 2007) ; Pigg v. . . . City of Marlborough , 492 F.3d 14, 18 (1st Cir. 2007) ("undermined"); United States v. . . .
CAUSE OF ACTION INSTITUTE, v. INTERNAL REVENUE SERVICE,, 390 F. Supp. 3d 84 (D.D.C. 2019)

. . . Tax Analysts , 492 U.S. 136, 142, 109 S.Ct. 2841, 106 L.Ed.2d 112 (1989) ), aff'd , 753 F.3d 210 (D.C . . . Main St. , 811 F.3d at 566-67 (citing Tax Analysts , 492 U.S. at 142, 109 S.Ct. 2841 (discussing "jurisdiction . . . materials sought are not 'agency records' or have not been 'improperly' 'withheld.' " Tax Analysts , 492 . . . Sims , 471 U.S. 159, 182, 105 S.Ct. 1881, 85 L.Ed.2d 173 (1985) ; see also Tax Analysts , 492 U.S. at . . . Supp. 2d at 185 (quoting Tax Analysts , 492 U.S. at 142, 109 S.Ct. 2841 (internal quotation marks omitted . . .
CHACOTY, v. POMPEO, U. S., 392 F. Supp. 3d 1 (D.D.C. 2019)

. . . White , 259 U.S. 276, 284, 42 S.Ct. 492, 66 L.Ed. 938 (1922) ). . . .
R. BRADLEY, v. VILLAGE OF UNIVERSITY PARK, ILLINOIS,, 929 F.3d 875 (7th Cir. 2019)

. . . Pape , 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), and its progeny, which hold that a state or . . . Pape , 365 U.S. 167, 183, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), which was overruled in part not relevant . . . Pape , 365 U.S. 167, 172, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961) ]. 494 U.S. at 138, 110 S.Ct. 975 (emphasis . . . , 57 L.Ed. 510 ], or to be actionable under § 1983, Monroe [, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 . . . Pape , 365 U.S. 167, 172, 187, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), which held that the statute offers . . . Pape , 365 U.S. 167, 172, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961) ). . . .
GOLAN v. FREEEATS. COM, INC. AIC LLC, R., 930 F.3d 950 (8th Cir. 2019)

. . . Sam's East, Inc. , 754 F.3d 492, 498 (8th Cir. 2014) ) is no longer good law in light of the Supreme . . . Co. , 163 F.3d 492, 496 (8th Cir. 1998) ). . . .
VUGO, INC. v. CITY OF NEW YORK,, 931 F.3d 42 (2nd Cir. 2019)

. . . Fox , 492 U.S. 469, 477, 109 S.Ct. 3028, 106 L.Ed.2d 388 (1989) (internal alterations, citations, and . . . Discovery Network , 507 U.S. at 416 n.12, 113 S.Ct. 1505 (quoting Fox , 492 U.S. at 480, 109 S.Ct. 3028 . . . Fox , 492 U.S. at 480, 109 S.Ct. 3028 (internal citations and quotation marks omitted). i. . . . Fox , 492 U.S. at 480, 109 S.Ct. 3028. . . . . at 508, 101 S.Ct. 2882 ; see also Taxpayers for Vincent , 466 U.S. at 817, 104 S.Ct. 2118 ; Fox , 492 . . .
BOTTINELLI v. SALAZAR, 929 F.3d 1196 (9th Cir. 2019)

. . . See id . at 492, 130 S.Ct. 2499 ; Pacheco-Camacho v. Hood , 272 F.3d 1266, 1271 (9th Cir. 2001). . . .
ALARM DETECTION SYSTEMS, INCORPORATED, v. ORLAND FIRE PROTECTION DISTRICT,, 929 F.3d 865 (7th Cir. 2019)

. . . Dist. , 672 F.3d 492 (7th Cir. 2012) ( ADT I ); ADT Sec. Servs., Inc. v. Lisle-Woodridge Fire Prot. . . .
ALARM DETECTION SYSTEMS, INCORPORATED, v. VILLAGE OF SCHAUMBURG, a, 930 F.3d 812 (7th Cir. 2019)

. . . Dist. , 672 F.3d 492 (7th Cir. 2012) ( ADT I ); ADT Sec. Servs., Inc. v. Lisle-Woodridge Fire Prot. . . .
A. SEVER, v. CITY OF SALEM,, 390 F. Supp. 3d 299 (D. Mass. 2019)

. . . Earth Island Inst., 555 U.S. 488, 492-93, 129 S.Ct. 1142, 173 L.Ed.2d 1 (2009) ). . . .
RIOS, v. JENKINS,, 390 F. Supp. 3d 714 (W.D. Va. 2019)

. . . Wade, 741 F.3d 492, 498 n.9 (4th Cir. 2014). . . .
UNITED STATES v. MILLS,, 388 F. Supp. 3d 895 (E.D. Mich. 2019)

. . . Illinois, 504 U.S. 719, 728, 733, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). . . .
UNITED STATES v. GURULE,, 929 F.3d 1214 (10th Cir. 2019)

. . . . ___, 135 S.Ct. 1609, 1614, 191 L.Ed.2d 492 (2015). . . . United States, ___ U.S. ___, 135 S.Ct. 1609, 191 L.Ed.2d 492 (2015)-Gurule argues the officers also unconstitutionally . . .
OVERBEY v. MAYOR OF BALTIMORE UC MPA D. C. s E. W., 930 F.3d 215 (4th Cir. 2019)

. . . See Stephens , 524 F.3d at 492 (acknowledging that a "willing speaker" exists, for purposes of a plaintiff's . . .
PRIME RATE PREMIUM FINANCE CORPORATION, INC. v. E. LARSON, A., 930 F.3d 759 (6th Cir. 2019)

. . . Compagnie des Bauxites de Guinee , 456 U.S. 694, 705-06, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982). . . .
UNITED STATES v. GURULE,, 935 F.3d 878 (10th Cir. 2019)

. . . Ct. 1609, 1614, 191 L.Ed.2d 492 (2015). . . . Ct. 1609, 191 L.Ed.2d 492 (2015) -Gurule argues the officers also unconstitutionally extended the traffic . . .
RUSH, v. SAUL,, 389 F. Supp. 3d 957 (D.N.M. 2019)

. . . AR 492, 522, 816. . . .
IN RE J. TRUMP, D. H., 928 F.3d 360 (4th Cir. 2019)

. . . Earth Island Inst. , 555 U.S. 488, 492-93, 129 S.Ct. 1142, 173 L.Ed.2d 1 (2009) (cleaned up). . . . See Summers , 555 U.S. at 492-93, 129 S.Ct. 1142. . . .
CORBITT, SDC, a v. VICKERS,, 929 F.3d 1304 (11th Cir. 2019)

. . . Heck, 327 F.3d 492, 510 (7th Cir. 2003) (finding seizure where "no reasonable child would have believed . . .
VYLOHA, v. P. BARR,, 929 F.3d 812 (7th Cir. 2019)

. . . Arita-Campos, 607 F.3d 487, 492 (7th Cir. 2010) ; 8 U.S.C. § 1229a(b)(5)(C)(ii). . . . See Arita-Campos, 607 F.3d at 492 ("[I]f an alien can demonstrate that he was never notified of the proceeding . . .
Q. GALE, Q. LLC, FKA LLC, LLC, v. CHICAGO TITLE INSURANCE COMPANY, a, 929 F.3d 74 (2nd Cir. 2019)

. . . Unizan Bank , 649 F.3d 492, 500 (6th Cir. 2011) (stating that "denial of class certification does not . . .
REID v. DONELAN,, 390 F. Supp. 3d 201 (D. Mass. 2019)

. . . Kelco Disposal, Inc., 492 U.S. 257, 263 n.3, 109 S.Ct. 2909, 106 L.Ed.2d 219 (1989) (stating that the . . .
F. HOFFMANN, v. L. PULIDO, CSATF- SP C. CSATF- SP,, 928 F.3d 1147 (9th Cir. 2019)

. . . DEA , 492 F.3d 428, 437 (D.C. . . . Sheriff's Office , 657 F.3d 890, 893-94 (9th Cir. 2011) (quoting Thompson , 492 F.3d at 437 ). . . .
ARIAS LEIVA, v. WARDEN,, 928 F.3d 1281 (11th Cir. 2019)

. . . Concerning the Extradition Treaty Between Colombia and the United States , 27 Int'l Legal Materials 492 . . .
MILWAUKEE CENTER FOR INDEPENDENCE, INC. v. MILWAUKEE HEALTH CARE, LLC,, 929 F.3d 489 (7th Cir. 2019)

. . . Co. , 171 Wis.2d 485, 492 N.W.2d 147, 151 (1992) (quoting Landwehr v. . . .
COBA v. FORD MOTOR COMPANY, 930 F.3d 174 (3rd Cir. 2019)

. . . Unizan Bank , 649 F.3d 492, 500 (6th Cir. 2011) ("The 'filed under' language shows that it is the time . . . Unizan Bank , 649 F.3d 492, 500-01 (6th Cir. 2011) ; Buetow v. A.L.S. . . .
ROSARIO, v. UNITED STATES,, 389 F. Supp. 3d 122 (D. Mass. 2019)

. . . Id. at 492, 109 S.Ct. 1923 ; see also Tinder v. . . . Maleng , 490 U.S. at 492, 109 S.Ct. 1923. I conclude Mr. . . .

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