661 Florida cases classified under this topic, plus 931 listed through its narrower topics · sorted by citation count · browse and sort
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M.D. Fla.·
2023-06-15
The court held that the store manager was fraudulently joined, thus diversity jurisdiction exists, and the motion to remand is denied while the motion to dismiss is granted.
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The court held that an amended class definition filed after removal may be considered when determining the applicability of CAFA's local controversy and discretionary exceptions, particularly when the amendment clarifies the original intent and does not seek to avoid federal juri
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The court held that the plaintiff failed to sufficiently allege the amount in controversy, thus lacking subject matter jurisdiction.
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The court held that the removing defendants failed to establish fraudulent joinder, and thus the presence of the non-diverse defendant destroys diversity jurisdiction, requiring remand.
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The court held that it lacked subject-matter jurisdiction over the plaintiff's claims due to a lack of diversity and federal question jurisdiction, and potentially due to abstention doctrines.
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The court held that the complaint must be dismissed without prejudice for lack of subject matter jurisdiction due to inadequate pleading of diversity.
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The court held that the defendant failed to establish the amount in controversy by a preponderance of the evidence, requiring remand for lack of subject matter jurisdiction.
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The court held that the defendant failed to establish the jurisdictional amount in controversy required for removal based on diversity jurisdiction.
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M.D. Fla.·
2023-05-25
The court held that the defendants' notice of removal was insufficient because it failed to properly allege diversity of citizenship.
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M.D. Fla.·
2023-05-22
The court held that the complaint must be dismissed without prejudice for lack of subject matter jurisdiction.
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The court held that the defendants failed to establish federal diversity jurisdiction by a preponderance of the evidence, as the evidence presented was insufficient to prove the amount in controversy exceeded $75,000 at the time of removal.
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The court held that it lacked subject matter jurisdiction because the state law unlawful detainer action did not present a federal question on its face, and diversity jurisdiction was also absent.
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M.D. Fla.·
2023-05-03
The court held that a motion for default judgment must be denied due to inadequate proof of service and because the plaintiffs sought relief on counts previously dismissed.
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The court held that the amount in controversy was satisfied at the time of removal, and thus denied the motion to remand.
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The court held that the defendant met its burden to demonstrate that the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
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The court held that the defendant properly removed the case because complete diversity existed after disregarding the fictitious defendant, and the amount in controversy exceeded $75,000.
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The court held that the Second Amended Complaint was a shotgun pleading and failed to establish federal subject matter jurisdiction, warranting dismissal without leave to amend.
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S.D. Fla.·
2023-04-20
A case cannot be removed to federal court based on diversity jurisdiction if any defendant is a citizen of the state in which the action is brought.
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M.D. Fla.·
2023-04-18
The court held that the complaint must be dismissed for lack of subject matter jurisdiction because the plaintiff failed to allege facts establishing federal question, diversity, or statutory grant of jurisdiction.
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M.D. Fla.·
2023-04-17
The court recommended granting Plaintiff's motion for default judgment, awarding damages, prejudgment interest, post-judgment interest, and costs, and dismissing one count.
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S.D. Fla.·
2023-04-03
The court held that the plaintiff's motion for leave to proceed in forma pauperis was moot because the underlying complaint failed to state a claim and lacked subject matter jurisdiction.
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The court held that the plaintiffs' complaint failed to adequately plead diversity jurisdiction because it did not properly allege the citizenship of the individual plaintiffs or the limited liability company defendants.
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The court held that the second amended complaint is a shotgun pleading and fails to establish subject matter jurisdiction, warranting dismissal.
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The court held that the plaintiff's amended complaint failed to adequately plead diversity of citizenship, requiring dismissal for lack of subject matter jurisdiction.
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M.D. Fla.·
2023-03-09
The court recommended denying the initial IFP motion, granting the amended IFP motion, and dismissing the case without prejudice for lack of subject-matter jurisdiction and failure to state a claim.
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The Court held that the amount in controversy did not exceed the $75,000 jurisdictional threshold, and therefore, the case must be remanded to state court. The Court also denied Plaintiff's request for attorney's fees.
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The court held that the plaintiff failed to adequately allege diversity of citizenship, requiring dismissal of the complaint without prejudice.
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M.D. Fla.·
2023-02-17
Eight former students of Ringling College sued the college alleging various state law claims including constructive fraud, negligent supervision, and breach of contract, arising from their experiences with an associate dean who allegedly mishandled reports of misconduct and engag
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M.D. Fla.·
2023-02-16
A party's mere preference for privacy does not overcome the presumption of public access to judicial records, especially when asserting diversity jurisdiction.
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S.D. Fla.·
2023-02-13
The court held that it lacked subject matter jurisdiction because the pro se plaintiff failed to allege a federal claim or establish diversity jurisdiction.
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S.D. Fla.·
2023-02-13
The court held that it lacked subject matter jurisdiction because the plaintiff failed to articulate a basis for jurisdiction in his complaint.
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S.D. Fla.·
2023-02-09
The court held that it lacked subject matter jurisdiction because the plaintiff failed to articulate a basis for jurisdiction under federal law or diversity.
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M.D. Fla.·
2023-02-03
T.T. International Co., Ltd., a Chinese refrigerant exporter, sued BMP International, Inc. and BMP USA, Inc. for breaching their purchase agreements and unjustly enriching themselves by accepting over $70 million in goods without payment. The court rejected T.T.'s breach of contr
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The court held that the defendant's notice of removal was timely filed because the initial complaint did not establish diversity of citizenship, and the thirty-day removal period began when the defendant received plaintiff's discovery responses clarifying her domicile.
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S.D. Fla.·
2023-01-09
The court converted the motion for judgment on the pleadings to a motion for summary judgment because matters outside the pleadings were presented, and ordered parties to supplement the record regarding subject matter jurisdiction and the form of judgment.
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M.D. Fla.·
2023-01-09
The court held that transfer of the action to the Middle District of Florida is appropriate under 28 U.S.C. § 1631 because the transferee court has jurisdiction and transfer is in the interest of justice.
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The court held that a rejected settlement offer, even if a check was issued, does not reduce the amount in controversy for diversity jurisdiction purposes.
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The court held that the presence of Florida defendants destroys diversity jurisdiction, and therefore, the case must be remanded to state court.
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S.D. Fla.·
2022-12-13
A pro se plaintiff's complaint is dismissed without prejudice for failing to establish subject-matter jurisdiction and for failing to state a plausible claim, and for attempting to proceed through a non-lawyer.
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The Court lacks clear subject matter jurisdiction and requires parties to submit evidence to establish it.
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The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
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The amount in controversy for determining federal diversity jurisdiction in a suit seeking to void a mortgage and quiet title is the value of the underlying property, not the face value of the mortgage.
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The court held that the defendant failed to meet the burden of establishing the amount in controversy for diversity jurisdiction, as pre-removal payments from the insurer offset the claimed damages.
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The court held that the defendant's objections to the magistrate judge's recommendation to remand were overruled, and the case was remanded to state court.
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M.D. Fla.·
2022-11-07
The court held that it lacks subject matter jurisdiction over the plaintiff's claim for dental benefits because it falls within the exclusive review scheme of the Veterans' Judicial Review Act (VJRA).
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The court held that it lacked subject matter jurisdiction and must abstain from exercising jurisdiction under Younger v. Harris principles.
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Plaintiff's responses to Requests for Admissions can be considered 'other paper' for removal purposes, and an unambiguous admission of damages exceeding $75,000 establishes federal jurisdiction.
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A defendant seeking removal to federal court based on diversity jurisdiction must establish the amount in controversy exceeds $75,000 by a preponderance of the evidence, using plausible allegations and supporting documentation.
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S.D. Fla.·
2022-09-30
A claim for statutory bad faith under Florida law is premature and must be dismissed for lack of subject matter jurisdiction if it is brought before a determination of liability and damages in the underlying insurance contract claim.
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The court held that it lacked subject matter jurisdiction because the plaintiff failed to adequately plead the citizenship of the corporate defendant.