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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S.D. Fla.·
2025-02-26
The Court adopts the Magistrate Judge's Report and Recommendation, granting motions to dismiss for lack of standing and dismissing the Second Amended Complaint with prejudice.
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M.D. Fla.·
2025-02-24
The court held that the Republic of Austria is immune from suit under the Foreign Sovereign Immunities Act because neither the expropriation nor the non-commercial tort exceptions apply.
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2021 WL 18·
M.D. Fla.·
2025-02-18
The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded $75,000, and therefore, the court lacked diversity jurisdiction.
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S.D. Fla.·
2025-02-14
The court held that unripe duty to indemnify claims should be stayed, not dismissed, when ripe duty to defend claims are also present.
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M.D. Fla.·
2025-02-12
The court held that it lacked subject matter jurisdiction over the plaintiff's claims, both under the Veterans Judicial Review Act and the Federal Tort Claims Act due to failure to exhaust administrative remedies and meet statute of limitations requirements.
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The court held that the plaintiff sufficiently alleged standing and stated a claim for relief regarding deficiencies in the COBRA notice.
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M.D. Fla.·
2025-01-29
The court held that the plaintiff's lawsuit was filed too late, as the one-year statute of limitations was triggered by the insurer's initial partial denial of the claim, not by subsequent rejections of supplemental requests.
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M.D. Fla.·
2025-01-28
The court held that the plaintiff failed to exhaust administrative remedies and did not demonstrate a valid basis to waive the exhaustion requirement.
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The Court held that the unchecked box in the agreement pertained only to attorneys' fees and not the arbitration clause, thus the arbitration agreement was valid and enforceable.
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The court held that the plaintiff failed to establish the amount in controversy by a preponderance of the evidence, warranting dismissal without prejudice for lack of subject matter jurisdiction.
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The court held that Plaintiff's individual claims (Counts I and II) fail because she was not a party to the independent contractor agreement, but claims brought by her business (Count III) survive dismissal and are subject to arbitration. Claims where the defendant waived argumen
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S.D. Fla.·
2025-01-08
The court recommended granting in part and denying in part the motion to dismiss, finding Plaintiff has standing for claims under the Medicare Secondary Payer Act and breach of contract, but not for fraud or declaratory relief claims.
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M.D. Fla.·
2025-01-06
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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S.D. Fla.·
2025-01-03
The court held that the plaintiff's claims were barred by the Eleventh Amendment and sovereign immunity, and she failed to state a plausible claim for relief under § 1983.
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S.D. Fla.·
2024-12-23
The court held that it lacked subject matter jurisdiction over the breach of contract claim because the plaintiffs sought equitable relief, which is not authorized under the Little Tucker Act, and that the request for judicial review was improperly pleaded as it was filed prematu
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A suit under a National Flood Insurance Program policy is not ripe until the insurer issues a written denial of the claim.
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S.D. Fla.·
2024-12-19
The court held that the school is a proper party to dismiss, but the Title IX, Section 1983, and state-law negligence claims against the school board can proceed. The court found sufficient allegations of notice and deliberate indifference for the federal claims and sufficient pl
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The court held that it lacked subject matter jurisdiction over both the mandamus and Administrative Procedure Act claims because the processing of Form I-130s by USCIS is a discretionary act not subject to judicial compulsion.
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M.D. Fla.·
2024-11-21
The court held that the plaintiffs failed to establish subject-matter jurisdiction because they did not adequately plead the citizenship of the defendant limited liability company.
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The court held that a breach of contract claim under a Standard Flood Insurance Policy is unripe and subject to dismissal if the insured has not received a written denial of their claim.
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The court held that a breach of contract claim under a National Flood Insurance Program policy is not ripe until the insurer issues a written denial.
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The court recommends granting the motion to dismiss because the complaint is an impermissible shotgun pleading, failing to provide adequate notice of the claims against each defendant.
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M.D. Fla.·
2024-10-16
State Farm sought specific performance and a declaratory judgment to enforce a settlement agreement that required Complete Care Centers to waive accounts receivable and dismiss pending personal injury protection lawsuits. The court denied Complete Care's motion to dismiss, findin
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M.D. Fla.·
2024-10-15
The court held that the plaintiff's complaint was deficient for failure to state a claim and potentially lacking subject matter jurisdiction, but granted the pro se plaintiff an opportunity to amend.
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M.D. Fla.·
2024-10-15
The court held that the plaintiff's claims for underpayment of services were "rate of payment" disputes, not "right of payment" claims, and therefore did not fall within the scope of ERISA's complete preemption doctrine, meaning the federal court lacked subject matter jurisdictio
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M.D. Fla.·
2024-10-04
The court denied plaintiff's motion for default judgment because the amended complaint failed to state a claim upon which relief could be granted for both the ADA and breach of contract claims, and service issues remained for one defendant.
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S.D. Fla.·
2024-09-27
The court adopted the Magistrate Judge's Report and Recommendation, granting the application for discovery assistance under 28 U.S.C. § 1782 and denying the respondent's motion to dismiss and motion for stay and costs.
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S.D. Fla.·
2024-09-23
The court recommended granting the motions to stay discovery pending the adjudication of the motions to dismiss.
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S.D. Fla.·
2024-09-17
The court held that it retains subject-matter jurisdiction over the case because the intervening SBG Entities are not indispensable parties under Rule 19(b), despite the destruction of complete diversity.
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S.D. Fla.·
2024-09-16
The court held that the alleged assault at a Bahamian resort did not satisfy the location test for admiralty jurisdiction, and diversity jurisdiction was not adequately pleaded, leading to dismissal for lack of subject matter jurisdiction.
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The court held that mandamus relief is not available because plaintiffs have an adequate remedy under the APA and the agency does not have a clear nondiscretionary duty to adjudicate within a specific timeframe. The court also held that the claim for arbitrary and capricious agen
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M.D. Fla.·
2024-08-27
The court held that an exclusive licensee with the sole right to prosecute intellectual property, as granted by an ELA, has standing to sue for trademark infringement under the Lanham Act. However, for copyright infringement claims, the licensee must show explicit language in the
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M.D. Fla.·
2024-08-23
The court held that the plaintiff's objections were overruled, his motion to amend was denied, and his amended complaint was dismissed with prejudice.
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S.D. Fla.·
2024-08-13
The court recommended granting the motion to dismiss for lack of subject matter jurisdiction due to insufficient pleading of a valid assignment, and granting the motion for leave to amend.
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M.D. Fla.·
2024-08-13
The court held that Plaintiff's claims are barred by the Rooker-Feldman doctrine because they invite review and rejection of state court judgments.
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The court granted in part and denied in part the motion to dismiss, dismissing the mandamus and APA claims but allowing the plaintiff to amend his complaint for de novo review of his naturalization denial.
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S.D. Fla.·
2024-08-05
The court held that the jurisdictional challenge regarding employer status under the FLSA implicates the merits and cannot be resolved on a motion to dismiss, and that state wage claims are preempted by the FLSA.
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M.D. Fla.·
2024-07-25
The court held that the plaintiff failed to establish personal jurisdiction over the legislative defendants and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2024-07-25
The court held that a pro se plaintiff's amended complaint must be dismissed without prejudice for lack of subject matter jurisdiction because the amount in controversy did not meet the $75,000 threshold for diversity jurisdiction, and further amendment would be futile.
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M.D. Fla.·
2024-07-24
The court held that it lacked subject matter jurisdiction over claims against the Franchise Tax Board due to the Tax Injunction Act and lacked personal jurisdiction over the California Executive Branch Defendants.
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M.D. Fla.·
2024-07-24
The court held that the plaintiff's complaint was a shotgun pleading, failed to establish subject matter jurisdiction, and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2024-07-19
The court granted the motion to dismiss, finding that most federal claims were time-barred due to failure to exhaust administrative remedies, and dismissed the state law claim for lack of supplemental jurisdiction.
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S.D. Fla.·
2024-07-02
Isaac Heres sued Medicredit, Inc. under the Fair Debt Collection Practices Act, alleging that Medicredit violated the statute by sending him a collection letter for a medical debt for which he was not legally responsible. The court dismissed the complaint for lack of subject matt
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S.D. Fla.·
2024-07-01
The court held that it should decline to exercise jurisdiction over the declaratory judgment action concerning marital property due to parallel state proceedings and that Florida must enforce an Illinois judgment under the Full Faith and Credit Clause, even if it conflicts with F
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The Delaware Supreme Court reversed the Superior Court's judgment, holding that the plaintiffs lacked standing to challenge the Permanent Absentee Statute and the Early-Voting Laws. The court found that neither plaintiff had alleged an injury in fact that was concrete, actual or
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The court held that the plaintiff sufficiently alleged Article III standing and that the amended complaint was not a shotgun pleading, but granted dismissal of the FTSA claim due to a recent amendment.
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M.D. Fla.·
2024-06-14
The court held that the plaintiff sufficiently alleged standing and vicarious liability to survive a motion to dismiss.
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M.D. Fla.·
2024-06-13
The court held that the plaintiff's medical malpractice claim was barred by Florida's statute of repose, thus the court lacked subject matter jurisdiction.
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M.D. Fla.·
2024-05-28
The court held that the plaintiff lacked standing to bring an individual False Claims Act retaliation claim because the alleged injuries were primarily to his LLC, not directly to him personally, and he failed to plead a separate statutory or contractual duty owed to him individu
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M.D. Fla.·
2024-05-22
The court held that the plaintiffs failed to allege a particularized injury in fact sufficient to establish standing under Article III of the Constitution.