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.·
2020-08-26
The Court held that a third-party complaint against the United States must plead a waiver of sovereign immunity to establish subject matter jurisdiction.
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S.D. Fla.·
2020-08-05
The court held that the probate exception to diversity jurisdiction does not bar the action, and abstention under the Colorado River doctrine is not warranted.
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S.D. Fla.·
2020-07-31
The court held that a plaintiff alleging a violation of the Fair Debt Collection Practices Act (FDCPA) must demonstrate a concrete and particularized injury in fact to establish Article III standing, even for a statutory violation.
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M.D. Fla.·
2020-07-28
The court held that the plaintiff's Third Amended Complaint failed to comply with Rule 8's requirement for a short and plain statement of the claims, and further amendment would be futile.
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M.D. Fla.·
2020-07-22
The court held that the plaintiffs lacked standing to sue for breach of contract because the assignment agreement only transferred the insurance claim, not the policy itself, and thus plaintiffs had no direct or indirect rights under the policy.
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The court held that it lacks subject matter jurisdiction over the plaintiff's claims because the Veterans' Judicial Review Act (VJRA) precludes district court review of Department of Veterans' Affairs benefits decisions, and the plaintiff was challenging non-final agency actions.
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The court held that the plaintiff received constitutionally adequate process and that his claims are barred by the availability of adequate state remedies, and that the arbitration claim fails due to lack of jurisdiction and the defendant not being a party to the arbitration agre
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S.D. Fla.·
2020-06-18
The court held that the plaintiff, as an individual shareholder, lacked standing to sue for injuries suffered by his corporation, and that the case must be dismissed for lack of subject-matter jurisdiction.
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M.D. Fla.·
2020-06-01
The court held that there is no constitutional right to participate in high school athletics, thus the Fourteenth Amendment claim is dismissed for lack of subject matter jurisdiction, but the state constitutional claim can proceed under supplemental jurisdiction.
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Plaintiff Aaron Fruitstone sued Spartan Race Inc., a Massachusetts-based obstacle course race organizer, alleging that it deceived consumers by charging a $14 mandatory "Racer Insurance Fee" marketed as a pass-through cost for third-party accident insurance, when in fact Spartan
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M.D. Fla.·
2020-05-22
The court held that it lacked subject matter jurisdiction because the plaintiff failed to exhaust administrative remedies as required by the Federal Tort Claims Act.
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M.D. Fla.·
2020-05-15
The court held that it lacks subject matter jurisdiction over the plaintiff's claims, which are deemed "essentially fictitious" and "obviously without merit."
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The court held that the plaintiff's claims under the Americans with Disabilities Act were moot because the defendants had voluntarily corrected all alleged architectural barriers.
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The court held that the plaintiff sufficiently alleged standing and stated a claim under the FCRA, but deferred ruling on personal jurisdiction due to its entanglement with the merits of the case.
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A Florida dog racing industry group and business owners challenged a constitutional amendment (Amendment 13) prohibiting commercial dog racing with wagering as violating the Takings Clause, Equal Protection Clause, Contracts Clause, and Due Process Clause. The court found it had
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The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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M.D. Fla.·
2020-04-06
The court held that the plaintiff's amended complaint sufficiently alleged standing based on an assignment of post-loss insurance claims under Florida law.
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M.D. Fla.·
2020-04-03
The court held that it lacked subject matter jurisdiction due to the Eleventh Amendment immunity of Citizens Property Insurance Corporation, a state government entity.
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The court held that the plaintiff, as an assignee, lacked standing because the insurance policy's anti-assignment clause prohibited the assignment, and the post-loss exception did not apply to this type of policy.
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M.D. Fla.·
2020-03-19
The court held that the plaintiff's excessive force claims are not barred by Heck, but claims for injunctive and declaratory relief are moot, and monetary damages against defendants in their official capacities are barred by Eleventh Amendment immunity.
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The court held that it lacked subject-matter jurisdiction because the complaint only pleaded state-law claims and did not present a federal question.
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M.D. Fla.·
2020-03-05
The court held that the plaintiff adequately alleged standing and stated claims for breach of contract and promissory estoppel, but dismissed the alter ego claim as an independent cause of action.
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S.D. Fla.·
2020-02-28
The court held that it lacked subject matter jurisdiction over claims against defendant Yates because he is a citizen of Florida, destroying complete diversity, and he is a dispensable party.
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M.D. Fla.·
2020-01-30
The court held that the plaintiff failed to state a claim under the NDAA and that her amended complaints were improperly filed, warranting dismissal.
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S.D. Fla.·
2020-01-28
Plaintiffs who purchased allegedly unregistered tires from National Tire and Battery sought damages under various state and federal laws, claiming the defendant's failure to comply with federal tire registration requirements under 49 C.F.R. § 574.8 deprived them of the benefit of
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S.D. Fla.·
2020-01-03
The Seminole Tribe of Florida is entitled to tribal sovereign immunity, and thus dismissed from the action. Claims involving internal church governance are non-justiciable.
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The court granted in part and denied in part the motion to dismiss, dismissing the declaratory judgment claim but denying dismissal of the breach of contract claim at this stage.
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The court held that the Florida Department of Health, Okeechobee County Health Department is an arm of the state, thus immune from suit under the Eleventh Amendment for ADA and FMLA claims, but not for Title VII claims.
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M.D. Fla.·
2019-11-25
A plan fiduciary can bring an ERISA claim for equitable relief to enforce plan terms, including a constructive trust or equitable lien on settlement proceeds held by third parties, and ERISA preempts conflicting state law.
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M.D. Fla.·
2019-11-15
In this Fair Credit Reporting Act class action, the court held that the plaintiff had standing for her claim that The Salvation Army violated the FCRA by failing to provide her a copy of a consumer report before terminating her employment, because being denied the opportunity to
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The court held that it lacked diversity jurisdiction due to the LLC's citizenship being tied to its members, and that while federal question jurisdiction existed for one claim, supplemental jurisdiction over state law claims was declined as they predominated.
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M.D. Fla.·
2019-11-07
The court held that the plaintiff has standing to pursue her ADA claims, and these claims are not moot despite her expulsion from the club. The court also found that the plaintiff's FCRA claim may proceed, as she sufficiently exhausted administrative remedies by filing with a loc
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M.D. Fla.·
2019-10-29
The court held that a debt collector's disclosure of consumer information to a third-party mail house for the purpose of preparing a collection letter does not constitute a "communication in connection with the collection of any debt" under the FDCPA.
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M.D. Fla.·
2019-10-23
The court held that principles of comity warrant abstention, requiring dismissal of the federal action without prejudice.
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S.D. Fla.·
2019-10-10
The court held that a motion to dismiss based on factual challenges to standing cannot be decided when it requires resolving merits issues and credibility determinations better suited for summary judgment or trial.
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S.D. Fla.·
2019-10-01
The court held that the requested documents were not judicial records subject to the common law right of access, and therefore the Clerk of Court did not violate any statutory duty, meaning sovereign immunity was not waived and the court lacked subject matter jurisdiction.
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M.D. Fla.·
2019-09-30
Insurance companies sued an auto glass replacement business and its owner, alleging that the defendants engaged in deceptive practices by pressuring customers into unnecessary windshield replacements, obtaining assignments of benefits without consent, and billing insurers for inf
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M.D. Fla.·
2019-09-19
The court held that the plaintiff's allegations were sufficient to establish standing and state a plausible claim for injunctive relief under Title III of the ADA.
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The court held that while the plaintiff had standing, her complaint failed to state a claim under Title III of the ADA and the Florida Declaratory Judgment Act due to unsubstantiated allegations and inapplicability of the state statute.
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The court held that the plaintiff failed to exhaust administrative remedies for most claims and failed to state a constitutional claim against the remaining defendant.
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S.D. Fla.·
2019-09-09
A reservation of rights by an insurer does not constitute a concession of a duty to defend, and the duty to defend is determined by the allegations in the underlying complaint.
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The court held that it lacked subject matter jurisdiction because the United States has not accepted the Russian Federation's accession to the Hague Convention, rendering the Convention inapplicable between the two countries.
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M.D. Fla.·
2019-08-22
The court held that the Federal Tort Claims Act's exception for property detention by law enforcement officers bars claims arising from the loss or theft of inmate property by Bureau of Prisons officers.
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The court held that federal question jurisdiction exists in a declaratory judgment action if the plaintiff alleges facts showing the defendant could file a coercive action arising under federal law, even if the threatened action involves only state-law claims.
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The court held that the United States is immune from liability under the Florida Recreational Use Statute, and therefore, the court lacks subject matter jurisdiction.
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M.D. Fla.·
2019-08-08
The court held that plaintiffs sufficiently alleged standing and plausible claims under Florida Statute § 376.313, but that equitable relief is not available under that statute.
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124 La. 917·
M.D. Fla.·
2019-05-07
The court held that the plaintiff's termination claim was reasonably related to his prior EEOC filings, thus satisfying the exhaustion requirement for his Title VII retaliation action.
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126 La. 455·
M.D. Fla.·
2019-05-06
The court held that issues regarding the plaintiff's standing, specifically concerning compliance with pre-suit notice requirements and the timeliness of payment, must be resolved through an evidentiary hearing.
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The Court of Chancery lacks subject matter jurisdiction over Takeda's claims for declaratory relief and an anti-suit injunction because Takeda has an adequate remedy at law by asserting its purported license as a defense in the ongoing European patent infringement litigation. The
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The court denied the defendants' motion to dismiss, finding that the home warranty's arbitration provision controlled over the contract's provision because it was later in time and explicitly deferred to the warranty. The court also determined that the prior arbitration proceedin