§Why CasetextPricing

Gastaldi et al v. Sunvest Communities USA LLC et al

REPLY to Response to Motion re MOTION in Limine, 212 MOTION in Limine

23 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,235 times   224 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. United Tech. Corp. v. Mazer

    556 F.3d 1260 (11th Cir. 2009)   Cited 873 times
    Holding that " court without personal jurisdiction is powerless to take further action"

  3. U.S. v. Tinoco

    304 F.3d 1088 (11th Cir. 2002)   Cited 336 times
    Holding that the MDLEA jurisdictional requirement goes to the subject-matter jurisdiction of courts, is not an essential element of the MDLEA substantive offense and therefore does not have to be submitted to the jury for proof beyond a reasonable doubt

  4. Anderson v. WBMG-42

    253 F.3d 561 (11th Cir. 2001)   Cited 90 times
    Holding that "different supervisors may not be comparable for the purposes of Title VII analysis," and that when "the plaintiff and proffered comparators . . . fell within the primary responsibility of one middle manager and the same supervisory chain of command . . . [d]isparate treatment analysis requires that none of the participants in the decision making process be influenced by racial bias."

  5. Orkin Exterminating Co., Inc. v. F.T.C

    849 F.2d 1354 (11th Cir. 1988)   Cited 120 times   5 Legal Analyses
    Holding that exterminating company's unilateral breach of lifetime guarantee for termite control was an unfair practice

  6. U.S. v. Andujar

    49 F.3d 16 (1st Cir. 1995)   Cited 73 times
    Concluding that similar instruction did not impermissibly shift the government's burden of proof

  7. U.S. v. Elliott

    89 F.3d 1360 (8th Cir. 1996)   Cited 55 times   1 Legal Analyses
    Holding that "the jurisdictional basis of the mail fraud statute is grounded in the Postal Power and therefore necessarily encompasses all items passing through the United States mails, even if their passage is purely intrastate"

  8. U.S. v. Schuler

    458 F.3d 1148 (10th Cir. 2006)   Cited 34 times
    Finding victims' ability to obtain refunds irrelevant in light of the defendant's intent to defraud

  9. Fort Lauderdale Lincoln v. Corgnati

    715 So. 2d 311 (Fla. Dist. Ct. App. 1998)   Cited 43 times
    Holding that consumers are not entitled to recovery of consequential damages

  10. Jeter v. St. Regis Paper Co.

    507 F.2d 973 (5th Cir. 1975)   Cited 91 times
    Holding that "OSHA does not provide a private right of action for the employee of an independent contractor against an owner for the owner's violation of OSHA's requirements"

  11. Rule 608 - A Witness's Character for Truthfulness or Untruthfulness

    Fed. R. Evid. 608   Cited 2,984 times   16 Legal Analyses
    Assuming it was otherwise admissible

  12. Section 501.204 - Unlawful acts and practices

    Fla. Stat. § 501.204   Cited 704 times   10 Legal Analyses
    Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"

  13. Section 475.624 - Discipline of appraisers

    Fla. Stat. § 475.624   Cited 1 times

    The board may deny an application for registration or certification of an appraiser; may investigate the actions of any appraiser registered, licensed, or certified under this part; may reprimand or impose an administrative fine not to exceed $5,000 for each count or separate offense against any such appraiser; and may revoke or suspend, for a period not to exceed 10 years, the registration, license, or certification of any such appraiser, or place any such appraiser on probation, if the board finds