520 Florida cases classified under this topic, plus 195 listed through its narrower topics · sorted by citation count · browse and sort
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M.D. Fla.·
2023-07-21
The court held that a second motion to dismiss, raising the same arguments without new evidence and attempting to change the standard of review, is procedurally improper and will be stricken.
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Plaintiff servicemembers financed timeshare interests with the defendants after being repeatedly told they could sell them back anytime due to their military status, but when they requested buybacks years later, the defendants refused. The court held that the plaintiffs had stand
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The court held that the complaint must be dismissed for lack of subject matter jurisdiction because the plaintiff failed to plead a waiver of sovereign immunity and the Tucker Act vests exclusive jurisdiction for claims over $10,000 in the Court of Federal Claims.
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The court held that the plaintiff had sufficiently alleged standing to bring an action for injunctive relief under Title III of the ADA, and therefore denied the defendant's motion to dismiss.
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M.D. Fla.·
2023-07-07
The court held that plaintiffs adequately alleged an employment loss under the WARN Act, thus denying the defendants' motion to dismiss.
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M.D. Fla.·
2023-07-05
Four Navy service members challenged the Department of Defense's COVID-19 vaccination mandate and the Navy's policy of denying religious accommodation requests on constitutional and statutory grounds, seeking declaratory and injunctive relief. The court dismissed the case as moot
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The court granted the defendant's motion to dismiss because the plaintiff failed to respond, and the defendant's arguments regarding the discretionary function and independent contractor exceptions to the FTCA were plausible.
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M.D. Fla.·
2023-06-08
The court held that the plaintiff's claim for injunctive relief was moot because he was reinstated to the religious diet program, and he was not entitled to court costs as he was not a prevailing party.
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M.D. Fla.·
2023-06-05
The court held that the defendant, a non-signatory employee, could compel arbitration because the plaintiffs' claims against him arose from his work as an agent for the signatory employer under the Master Services Agreement.
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The court held that the plaintiff failed to exhaust administrative remedies for claims based on lack of informed consent, and that while jurisdiction existed for intentional tort claims, those claims failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2023-05-31
The court held that the defendant's motion to dismiss or stay must be denied because the plaintiff's claims for declaratory relief and breach of contract were ripe and stated a plausible claim for relief.
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M.D. Fla.·
2023-05-24
The court held that the plaintiff sufficiently alleged concrete injuries to establish standing and stated plausible claims for both negligent and willful violations of the Fair Credit Reporting Act.
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M.D. Fla.·
2023-05-22
The court held that it lacked subject matter jurisdiction because the federal statutes cited by the plaintiff do not provide a private civil cause of action.
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The court denied the defendant's motion to dismiss based on PREP Act immunity, finding that the complaint's allegations of ordinary negligence in a nursing home setting during the COVID-19 pandemic did not directly relate to the use or administration of a covered countermeasure.
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M.D. Fla.·
2023-05-10
The court held that the plaintiff failed to exhaust administrative remedies, requiring dismissal of his complaint.
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M.D. Fla.·
2023-04-28
A bad faith insurance claim is not ripe for adjudication until the underlying judgment, including any excess liability, has been finally determined, which includes the completion of any appeals.
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The court held that Plaintiffs Garcia and Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions. The Attorney General and Chief Financial Officer are proper defendants.
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The court denied defendants' motions to dismiss, finding that the DIG tokens could be considered investment contracts under the Howey test and that the complaint sufficiently alleged primary violations and aiding and abetting liability.
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S.D. Fla.·
2023-03-31
The Aviation and Transportation Security Act (ATSA) precludes Transportation Security Administration (TSA) employees from bringing disability discrimination claims under the Rehabilitation Act.
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M.D. Fla.·
2023-03-24
The court held that amended counterclaims were procedurally improper and stricken, and the original counterclaim for cancellation of pending trademark applications was dismissed for lack of jurisdiction under 15 U.S.C. § 1119.
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M.D. Fla.·
2023-03-24
The court denied defendants' motions to dismiss and strike, finding that the trusts could be considered securities and that the SEC had adequately pleaded its claims.
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S.D. Fla.·
2023-03-17
The court held that the defendant's motion to dismiss, which attacked the plaintiff's standing by disputing the merits of the underlying breach of contract claim, was premature and therefore denied.
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S.D. Fla.·
2023-03-15
A third party to an insurance contract cannot sue the insurer until they have obtained a settlement or verdict against the insured party.
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The court held that the plaintiff adequately pleaded standing and stated a claim under the Medicare Secondary Payer Act and for breach of contract, but dismissed the declaratory judgment count as duplicative.
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S.D. Fla.·
2023-03-14
The court held that the Torture Victim Protection Act's exhaustion requirement is an affirmative defense, not a jurisdictional bar, and is best addressed at summary judgment, and that international comity does not apply when foreign proceedings did not involve the same parties or
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M.D. Fla.·
2023-03-13
The court held that the Immigration and Nationality Act, specifically 8 U.S.C. § 1252(a)(2)(B)(i), precludes judicial review of legal determinations made by USCIS regarding adjustment of status applications, even when raised outside of removal proceedings.
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M.D. Fla.·
2023-03-06
The court held that the plaintiff failed to allege a concrete injury in fact, and therefore lacked Article III standing to bring his claims under the TCPA.
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M.D. Fla.·
2023-03-02
The court held that the plaintiff's complaint must be dismissed for lack of subject matter jurisdiction due to sovereign immunity and for failure to state a claim, as well as for violating pleading rules.
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M.D. Fla.·
2023-03-02
The court adopted the Magistrate Judge's recommendation to grant the plaintiff's application to proceed without prepayment of fees and to dismiss the complaint without prejudice, granting the defendant's motion to dismiss in part.
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Befaithful Coker, a community activist, sued multiple defendants, including city officials, a judge, and private citizens, alleging that they retaliated against her when the Lake City Council initially appointed but then refused to seat her on the council after she made public di
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S.D. Fla.·
2023-02-27
The court held that the plaintiff lacked Article III standing because his alleged injury was not fairly traceable to the defendants' conduct and the requested relief was not likely to redress his injury. Furthermore, the plaintiff lacked standing under the Rule of Specialty becau
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The court held that the plaintiff failed to state a claim for mandamus relief or unreasonable delay under the APA, as the agency's processing time was not subject to a mandatory duty and the delay was not unreasonable.
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The court held that the plaintiff sufficiently presented her claim to the Postal Service to satisfy the administrative remedies exhaustion requirement under the FTCA, thus denying the motion to dismiss.
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The court held that the declaratory judgment claim regarding past conduct was moot, but the claim concerning signatory status could proceed, and the gross negligence claim failed to state a cause of action.
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M.D. Fla.·
2022-12-06
The court held that the plaintiffs failed to establish diversity jurisdiction because they did not adequately demonstrate the organization's principal place of business under the 'nerve center' test.
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M.D. Fla.·
2022-11-10
The court held that a genuine dispute existed regarding the plaintiff LLC's domicile, necessitating limited jurisdictional discovery, and denied the motion to dismiss on the grounds of invalid assignment.
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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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S.D. Fla.·
2022-10-07
The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim and that the court lacked subject matter jurisdiction.
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The court held that plaintiffs failed to plausibly allege an injury in fact, which is a prerequisite for Article III standing.
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M.D. Fla.·
2022-10-05
The court held that the plaintiff's claims are barred by collateral estoppel and the statute of limitations, and thus the court lacks subject matter jurisdiction.
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M.D. Fla.·
2022-10-05
The court held that an action need not be dismissed for failure to prosecute in the name of the real party in interest if the plaintiff seeks recovery for both insured and uninsured losses, and has not been afforded a reasonable time to join the insurer.
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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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S.D. Fla.·
2022-09-27
A plaintiff must allege a concrete injury-in-fact to establish Article III standing for claims under the Florida Telephone Solicitation Act, and conclusory allegations of harm are insufficient.
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Uniters North America and related entities sued ServeCo International entities for trademark infringement involving a counterfeit leather cleaner product. ServeCo counterclaimed with cybersquatting and trademark infringement claims based on the registration of www.serveco.net, wh
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The Delaware Court of Chancery granted the respondents' motion to dismiss the petition for judicial dissolution, finding that the petitioner failed to state a claim upon which relief could be granted. The court also granted a motion to dismiss for lack of personal jurisdiction ov
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S.D. Fla.·
2022-09-09
The court held that the plaintiff's medical malpractice claims were barred by Florida's statute of repose, and therefore, the court lacked subject matter jurisdiction over the action.
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S.D. Fla.·
2022-08-23
The court held that the Town's antitrust claim was ripe for adjudication and that the City's alleged anticompetitive conduct under the 1989 agreement was not shielded by state action immunity.
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S.D. Fla.·
2022-08-18
The court held that it lacked subject matter jurisdiction because the plaintiff's claim for post-removal back pay arose from a removal action, which falls under the exclusive jurisdiction of the MSPB.
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S.D. Fla.·
2022-07-21
The court held that the plaintiff failed to sufficiently allege a claim under Title III of the Americans with Disabilities Act (ADA) because the complaint focused on negligent actions rather than a barrier to access or discrimination based on disability. Consequently, the plainti
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The Court of Chancery granted the defendant's motion to dismiss, finding that the plaintiffs' claims for payment under the LLC Agreement were unripe and that their claims challenging the restrictive covenants lacked an actual controversy. The court dismissed the payment claim und