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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The Court denied Defendant Alexion Pharmaceuticals, Inc.'s motion to dismiss Plaintiff Shareholder Representative Services, LLC's (SRS) breach of contract claim. The Court held that SRS's claim that Alexion failed to use Commercially Reasonable Efforts in developing SYNT001 was r
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The Court of Chancery denied the county defendants' motion to dismiss Count III of the complaint, finding that it possesses subject matter jurisdiction over the claim that the counties are violating the statutory "Market Value Requirement" by using decades-old property assessment
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104 La. 203·
M.D. Fla.·
2018-10-02
The court held that the plaintiff's widow is an adequate class representative and that a class action is superior for adjudicating FDCPA claims, granting class certification. The court also denied the defendant's motion to dismiss and compel arbitration, finding the defendant wai
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The court granted the motion to dismiss, finding that plaintiffs failed to adequately plead subject matter jurisdiction and several causes of action, but allowed the accounting claim to proceed.
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The court held that it should decline to exercise supplemental jurisdiction over the defendants' state-law counterclaim in an FLSA action due to exceptional circumstances, including the disfavored nature of employer counterclaims in FLSA cases and the lack of factual overlap.
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The court granted the defendants' motion to dismiss, finding that the plaintiffs, inmates challenging a Delaware statute that denies them access to certain Department of Correction policies and procedures, failed to establish standing and did not state a claim upon which relief c
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2015 U.S. Dist. LEXIS 37644·
S.D. Fla.·
2015-03-25
The court held that a plaintiff lacks standing to bring claims for products they did not purchase and cannot seek injunctive relief without alleging a threat of future harm. Claims challenging marketing practices, rather than specific labeling requirements, are not preempted by f
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S.D. Fla.·
2014-09-29
The court held that the plaintiffs lacked Article III standing because their alleged injury was too remote and speculative, and that judicial review of the FHFA's decision to suspend payments was precluded by the Administrative Procedure Act's discretionary function exception.
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The Court of Chancery granted the City's motion to dismiss. The court found that the plaintiff, Walker, had standing to pursue claims under the Delaware Fair Housing Act (DFHA) as an "aggrieved person" due to his association with the property and his indirect financial injury. Ho
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S.D. Fla.·
2014-05-15
The court held that the complaint sufficiently alleged joint and several liability to meet the amount-in-controversy requirement for diversity jurisdiction and adequately stated a claim for unjust enrichment against Kaizen.
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2014 U.S. Dist. LEXIS 31608·
S.D. Fla.·
2014-03-07
The court held that the plaintiff failed to establish the amount in controversy exceeded $5 million, even considering injunctive relief and attorney fees, thus dismissing the case for lack of subject matter jurisdiction.
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The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
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The court held that the plaintiffs' claims under the Truth in Lending Act (TILA) were not brought in good faith and were contrary to the statute's purpose, warranting dismissal.
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A subrogated insurer's claim under the Federal Tort Claims Act is barred if the insured failed to file an administrative claim within the statutory period, and equitable tolling is generally not applicable to such claims.
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191 F. Supp. 2d 154·
S.D. Fla.·
2012-12-21
The court held that Amerisure has no duty to defend or indemnify Epoch because the deceased worker was a statutory employee of Epoch, triggering workers' compensation and employer's liability exclusions in the insurance policy.
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The Delaware Court of Chancery has subject matter jurisdiction over claims arising from LLC redemption agreements under the Delaware Limited Liability Company Act. The court also has jurisdiction over related legal claims under the cleanup doctrine. A claim for reformation of con
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The court held that the plaintiff failed to state a claim for indirect and contributory infringement because the complaint lacked sufficient factual allegations of pre-suit knowledge and specific intent to infringe.
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154 F. Supp. 2d 217·
S.D. Fla.·
2012-11-28
The court held that the plaintiffs sufficiently alleged state action for their Alien Tort Statute claims by alleging that representatives of the Cuban government committed the violations, and that the defendant could be held secondarily liable for conspiracy and aiding and abetti
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308 F. Supp. 2d 338·
M.D. Fla.·
2012-11-06
The court held that it lacked subject matter jurisdiction to review the denial of a visa application due to the doctrine of consular nonreviewability and mootness.
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307 F. Supp. 2d 908·
M.D. Fla.·
2012-10-30
The court held that a stay of the federal action was warranted under the Colorado River doctrine to allow parallel state probate proceedings to conclude, despite the probate exception not barring the federal claims themselves.
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361 F. Supp. 2d 1045·
S.D. Fla.·
2012-10-17
The court held that it lacked subject matter jurisdiction over disputes concerning the interpretation and application of collective bargaining agreements under the Railway Labor Act, and that claims involving purely foreign flying are outside the RLA's scope.
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The court held that a genuine issue of material fact exists regarding whether the employer demoted the employee for retaliatory reasons due to FMLA leave or for legitimate business reasons, and that the employee's FMLA interference claim also survives summary judgment.
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The court granted in part and denied in part the defendants' motion to dismiss the complaint, and granted in part and denied in part the plaintiffs' motion to dismiss the counterclaims. The court dismissed most of the tort claims because they were improperly "bootstrapped" onto b
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806 F. Supp. 2d 1245·
S.D. Fla.·
2011-07-27
The United States is entitled to immunity under the Flood Control Act for damages arising from flood waters released from a federal flood control project, even if the release was for multiple purposes or involved alleged negligence in securing safety measures.
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766 F. Supp. 2d 1327·
S.D. Fla.·
2011-02-07
A dissolved corporation's citizenship for diversity jurisdiction purposes is its state of incorporation, especially when it has formally withdrawn from business in another state.
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The district court lacks subject matter jurisdiction over the plaintiff's challenge to the defendant's insourcing decision, as exclusive jurisdiction lies with the U.S. Court of Federal Claims.
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The court held that the United States did not waive sovereign immunity under the FTCA for assault and battery claims by officers not empowered to enforce federal law, and that related negligence and IIED claims were barred as arising out of the assault and battery.
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The court held that the state agency is immune from suit under the Eleventh Amendment for FLSA retaliation claims, as Congress has not validly abrogated this immunity, nor has the state waived it by accepting federal funds.
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622 F. Supp. 2d 1347·
S.D. Fla.·
2008-12-22
The court held that HUD's decision not to take enforcement action against the Housing Authority regarding the termination of Section 8 benefits is committed to agency discretion and therefore not subject to judicial review under the APA.
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475 F. Supp. 2d 1264·
S.D. Fla.·
2007-02-23
The court held that the defendant's communications did not create a reasonable apprehension of litigation, thus no actual controversy existed for subject matter jurisdiction in a declaratory judgment action.
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The court modified the Magistrate Judge's Report and Recommendation to include abstention analysis, denied the motion for preliminary injunction, and granted the motion to dismiss certain claims, abstaining from others.
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431 F. Supp. 2d 1238·
M.D. Fla.·
2006-05-03
The court held that the tort exception to the Foreign Sovereign Immunities Act (FSIA) did not apply because the employee was on a non-essential personal errand when the accident occurred, and thus Bank Indonesia was immune from suit. The court also denied the plaintiff's request
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1996 WL 601589·
S.D. Fla.·
2005-04-19
The court held that the complaint for limitation of liability was filed outside the six-month statutory period, divesting the court of subject matter jurisdiction.
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184 F. Supp. 2d 1295·
S.D. Fla.·
2002-01-30
The court held that it lacked subject matter jurisdiction over claims arising under the Medicare Act, even when brought under diversity jurisdiction, because they were inextricably intertwined with Medicare benefits determinations.
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The court denied USPS's motion to dismiss but granted the Union's motion to dismiss state law claims due to federal preemption. The Union's summary judgment motion was denied without prejudice.
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993 F. Supp. 2d 347·
N.D. Fla.·
2001-01-29
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956 F. Supp. 2d 736·
M.D. Fla.·
1999-02-22
The court held that Eckerd's counterclaim was not compulsory because it did not arise from the same transaction or occurrence as the government's claims.
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The court held that the United States is shielded from liability by the discretionary function exception to the Federal Tort Claims Act, thus dismissing the plaintiff's claims for lack of jurisdiction.
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154 F.R.D. 117·
M.D. Fla.·
1998-07-02
The court granted the motions to transfer the case to the Middle District of Tennessee, deferring ruling on the motions to dismiss.
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916 F. Supp. 118·
S.D. Fla.·
1997-09-22
The court affirmed the magistrate's report and recommendation, holding that the plaintiff failed to establish subject matter jurisdiction for his claims challenging the termination of his federal employee compensation benefits.
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The court held that the plaintiff's claims regarding termination based on drug test results were time-barred by the statute of limitations, but claims regarding the refusal to submit to arbitration were not.
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The court held that plaintiffs' breach of contract and Fifth Amendment claims related to pre-1956 military medical benefits could proceed, but their age discrimination claims under the ADEA and Fifth Amendment were dismissed.
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996 F.2d 561·
2d Cir.·
1993-06-14
A district court has subject matter jurisdiction under § 301(a) of the LMRA to enforce a private agreement between an employer and a union concerning employee representation, even if it bypasses NLRB election procedures, especially when the contract includes an arbitration clause
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984 F.2d 875·
7th Cir.·
1993-01-29
The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
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S.D. Fla.·
1992-04-29
Contracts to procure marine insurance are within admiralty jurisdiction if the services performed are maritime in nature, as determined by the subject matter of the contract.
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957 F.2d 50·
2d Cir.·
1992-02-19
The court held that while a federal question was raised regarding due process, the plaintiff failed to state a claim for the appointment of a guardian ad litem in deportation proceedings.
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929 F.2d 742·
D.C. Cir.·
1991-04-12
The court held that the plaintiffs' claims were moot because the FBI voluntarily transferred the disputed files to the National Archives, and the remaining claims regarding other agencies' files were too speculative to warrant injunctive relief.
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901 F.2d 1241·
5th Cir.·
1990-05-23
The court held that dismissal was premature because the pro se plaintiff showed a substantial effort to obtain administrative remedy and should be allowed to amend his complaint.
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894 F.2d 321·
9th Cir.·
1990-01-16
The court held that federal question jurisdiction was lacking because the federal issues raised were only valid as defenses to state court judgments.
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884 F.2d 1128·
8th Cir.·
1989-09-20
The court held that the Civil Service Reform Act of 1984 provides the exclusive avenue for reviewing federal personnel actions, and probationary employees have limited rights under this Act.