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S.D. Fla.·
2025-03-11
The court held that affirmative defenses directed at unpled claims or that are merely conclusory should be stricken, while those that function as denials should be treated as such rather than stricken.
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S.D. Fla.·
2025-02-11
The court held that affirmative defenses must provide fair notice of the defense and its grounds, adopting the 'Fair Notice' standard over the 'Twiqbal' heightened pleading standard. Certain defenses were deemed denials or improper, while others lacked sufficient factual support
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S.D. Fla.·
2025-01-23
Ramindesign, LLC contracted with Jacek Skarzynski to plan and develop a luxury home in Miami, but the parties disputed whether Ramindesign had committed material breaches of the contract when payment stopped mid-project. The court recommended denying Ramindesign's motion to strik
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S.D. Fla.·
2024-08-15
The court granted in part and denied in part Plaintiff's motion to strike Defendant's affirmative defenses, striking the failure to mitigate defense but allowing the Fabre defense to proceed.
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S.D. Fla.·
2024-08-05
The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
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S.D. Fla.·
2024-07-08
The court denied the defendant's motion for a new trial, finding the jury's damages award was supported by the evidence and within a reasonable range. The court also addressed cross-motions to tax costs.
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S.D. Fla.·
2024-04-16
Cardinal Point, LLC and its members sold their healthcare reinsurance distribution business to EPIC Holdings in 2019 under an Asset Purchase Agreement with an earnout structure, but the business significantly underperformed projections and EPIC stopped operations and terminated t
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M.D. Fla.·
2024-04-04
The court held that while the Ohio default judgment is entitled to full faith and credit regarding the unenforceability of the original 2006 note, it does not preclude U.S. Bank from asserting a valid lien based on the 2013 loan modification.
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M.D. Fla.·
2024-03-12
The court held that the plaintiffs failed to prove negligence because they did not establish Amzim's duty, a breach of that duty, causation, or damages, and the owner failed to mitigate damages.
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S.D. Fla.·
2024-03-06
The court granted summary judgment for Capital Jazz on RCCL's breach of contract claim (Count II) because RCCL failed to demonstrate damages, and granted summary judgment for RCCL on Capital Jazz's failure to mitigate and failure to state a claim affirmative defenses. Summary jud
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M.D. Fla.·
2024-03-05
The court held that Plaintiff's motion for summary judgment was granted in part regarding subject-matter jurisdiction but denied on most affirmative defenses due to insufficient evidence and argument.
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M.D. Fla.·
2024-02-01
The court held that evidence of a settlement offer is admissible to refute affirmative defenses, and employee complaints against supervisors are admissible to show notice and establish a modus operandi, subject to certain limitations.
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S.D. Fla.·
2023-11-21
The court held that affirmative defenses are not subject to the heightened pleading standards of Twombly/Iqbal, and that the 'fair notice' standard applies. Certain defenses were stricken for legal insufficiency or statutory bar, while others were allowed to proceed.
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S.D. Fla.·
2023-04-05
Sunshine Children's Learning Center sued Waste Connections of Florida for breaching a commercial waste collection contract by imposing rate increases without providing the required written notice and breaching the implied covenant of good faith and fair dealing. The court denied
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M.D. Fla.·
2022-12-08
The Court denied Plaintiff's motion to strike Defendant's affirmative defenses, finding that most were sufficiently pleaded or that striking them was not warranted at this stage.
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S.D. Fla.·
2022-11-18
The court denied in substantial part Plaintiff's motion to strike affirmative defenses due to non-compliance with Local Rule 7.1, but granted the unopposed request for leave to file a reply.
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S.D. Fla.·
2022-11-04
The court held that "failure to state a claim" is not a valid affirmative defense and that other affirmative defenses were insufficiently pled as conclusory shotgun pleadings, requiring them to be stricken without prejudice.
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M.D. Fla.·
2022-10-17
The court granted in part and denied in part EZPawn's motion for summary judgment, and denied both of Ms. Bonomo's motions.
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N.D. Fla.·
2022-03-08
The court granted summary judgment in part and denied it in part, finding that the learned intermediary, sophisticated intermediary, superseding cause, and open and obvious danger defenses were inapplicable as a matter of law, but deferred ruling on the statute of limitations def
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M.D. Fla.·
2022-02-17
The court held that the plaintiffs failed to meet their burden to show an absence of genuine dispute of material fact on several affirmative defenses, and that disputes of material fact precluded summary judgment on others.
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M.D. Fla.·
2021-12-17
The court held that Plaintiff's motion to strike Defendants' affirmative defenses is denied because the defenses are sufficiently pled to provide notice and relate to the trademark infringement claim.
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M.D. Fla.·
2021-08-24
The court granted summary judgment for Equifax on Riley's willful violation claims but denied it on the negligence claims, finding genuine disputes of material fact regarding whether Equifax followed reasonable procedures.
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S.D. Fla.·
2021-07-02
The court granted in part and denied in part Plaintiffs' motion to strike affirmative defenses, ordering a more definite statement for one defense and treating two others as denials.
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Del. Super. Ct.·
2021-06-21
The court granted in part and denied in part the plaintiff's motions in limine. Specifically, the court excluded expert testimony on causation, allowed cumulative expert testimony with limitations, permitted testimony on the standard of care, deemed one motion moot, and excluded
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N.D. Fla.·
2021-06-17
The court held that the sophisticated intermediary and bulk supplier doctrines do not apply to the defendants' product, and granted judgment as a matter of law on those defenses. The court also found sufficient evidence for a jury to consider the superseding cause defense and den
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S.D. Fla.·
2020-04-08
The court held that affirmative defenses are subject to the heightened pleading standard of Twombly and Iqbal, and granted the motion to strike because the defendant's affirmative defenses were vague, conclusory, and lacked factual support.
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M.D. Fla.·
2020-02-11
Summary judgment is granted for defendants on the Lanham Act and FDUTPA claims due to lack of causation, but denied on tortious interference and civil conspiracy claims. Summary judgment is granted for plaintiffs on several affirmative defenses.
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S.D. Fla.·
2020-02-07
The court held that service of process on an attorney not appointed as an agent is insufficient, but granted leave to properly serve the defendant within 45 days. The court also struck some affirmative defenses for lack of specificity while construing others as denials or denying
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S.D. Fla.·
2019-11-01
The court denied objections to the magistrate's order, finding the collateral source rule inapplicable and upholding the exclusion of evidence regarding the referral relationship between plaintiff's attorney and treating physician.
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269 So. 3d 647·
Fla. 2d DCA·
2019-04-26
A plaintiff moving for summary judgment in a collection case must conclusively refute the factual bases of asserted affirmative defenses or establish that they are legally insufficient.
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Del. Super. Ct.·
2018-05-08
The court denied plaintiffs' motion for summary judgment on comparative negligence and mitigation of damages, finding genuine issues of material fact. The court granted in part and denied in part various motions in limine, ruling on the admissibility of subsequent remedial measur
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252 F. Supp. 772·
S.D. Fla.·
2013-12-16
The court held that affirmative defenses are subject to the same pleading standards as complaints and granted in part the plaintiff's motion to strike.
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1991 WL 42118·
S.D. Fla.·
2013-04-29
Summary judgment is granted for the plaintiff because the defendant's affirmative defenses of waiver, estoppel, and failure to mitigate are invalid as a matter of law due to the clear and unconditional terms of the guaranty agreement.
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2007 U.S. Dist. LEXIS 46693·
M.D. Fla.·
2007-06-20
The court held that a builder's general disclaimers did not effectively waive implied warranties, but granted summary judgment on claims related to building code violations for Textured Cementitious Finish (TCF) and deceptive trade practices due to lack of specific damages eviden
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214 F. Supp. 2d 1354·
S.D. Fla.·
2002-08-12
A principal must compensate an agent for reasonable expenses incurred in good faith when the principal's actions prevent the agent from recouping those costs, even if the contract is terminable at will or industry custom suggests otherwise.
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772 F. Supp. 1173·
M.D. Fla.·
1994-02-07
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832 F. Supp. 1532·
S.D. Fla.·
1993-08-26
Third-party professionals are permitted to assert affirmative defenses against the RTC, and the RTC's motion to strike these defenses is denied.
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692 F. Supp. 1286·
M.D. Fla.·
1988-07-01
A person with a history of tuberculosis is 'otherwise qualified' for a teaching position if reasonable accommodation eliminates the risk of transmission, and termination based on fear rather than medical judgment is unlawful.
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510 So. 2d 1007·
Fla. 4th DCA·
1987-07-15
Monte Carlo Development appealed a trial court judgment awarding Ray Montgomery $60,000 plus interest for breach of an employment contract as a golf professional. The appellate court reversed, holding that Monte Carlo's transfer of the country club to a third party relieved it of