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90 F.4th 1098·
11th Cir.·
2024-01-10
·cited 5×
The Eleventh Circuit held that the district court correctly granted equitable reformation of the insurance policy due to mutual mistake and affirmed the judgment for the plaintiffs.
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645 F. Supp. 2d 1107·
M.D. Fla.·
2009-08-04
·cited 5×
The court held that while some claims might be preempted, the plaintiff's fraud and fraudulent concealment claims, based on a duty not to deceive, are not preempted by federal law and may proceed if properly pleaded. The court also found the plaintiff failed to properly allege di
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2019 WL 5085038·
M.D. Fla.·
2023-08-02
·cited 2×
The court granted defendants' motions to reopen discovery and amend their answer, finding good cause under Rule 16 and allowing amendment under Rule 15.
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2024 WL 4762616·
M.D. Fla.·
2024-11-20
·cited 1×
The court adopted the Magistrate Judge's report and recommendation, granting Plaintiff's motion for default judgment in part and dismissing the remaining claim.
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S.D. Fla.·
2026-02-10
The court held that a pro se litigant cannot represent others, and the second amended complaint was dismissed as a shotgun pleading, but the plaintiff was granted leave to amend.
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M.D. Fla.·
2026-01-15
The court held that claims seeking review of state court custody decisions are barred by the Rooker-Feldman doctrine, and the complaint is dismissed as a shotgun pleading, but with leave to amend.
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S.D. Fla.·
2026-01-14
The court held that the bankruptcy court correctly denied the motion to amend because the proposed counterclaim was barred by res judicata and issue preclusion, and further, the bankruptcy court lacked jurisdiction due to a pending appeal.
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M.D. Fla.·
2025-12-03
The court granted in part and denied in part the petitioner's motion, ordering the respondent to provide documents but denying leave to amend the § 2255 motion due to procedural deficiencies.
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M.D. Fla.·
2025-11-13
The court granted defendants' motions to dismiss the second amended complaint with prejudice and granted the motion to strike the supplemental second amended complaint.
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S.D. Fla.·
2025-09-15
The court denied the plaintiff's renewed motion for leave to amend the complaint because the plaintiff failed to demonstrate good cause for the untimely filing and exceeded the scope of prior court orders.
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M.D. Fla.·
2025-08-15
The court held that third-party defendant Claims Direct Access (CDA) was improperly joined and untimely served, warranting dismissal.
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S.D. Fla.·
2025-07-02
The court held that a motion to vacate a dismissal order and for leave to amend a complaint is denied because the proposed amendment would be futile.
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S.D. Fla.·
2025-06-17
The court denied the defendant's motion to amend its answer, affirmative defenses, and counterclaim because the motion was filed after the deadline and the defendant failed to show good cause for the delay.
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N.D. Fla.·
2025-06-06
The court held that a forum-selection clause in a purchase order agreement, which was not superseded by a subsequent rider agreement for collection matters, is enforceable and requires transfer of venue. The court also denied a motion to amend the complaint, finding it was an att
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S.D. Fla.·
2025-05-16
The court held that the plaintiff's unjust enrichment claim is preempted by the Copyright Act, fails for lack of standing and failure to state a claim, and that any amendment would be futile.
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S.D. Fla.·
2025-05-02
A party seeking to amend pleadings after a scheduling order deadline must demonstrate good cause, which requires diligence; absent good cause, the court need not consider Rule 15 factors, and amendment may be denied due to undue delay or prejudice.
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S.D. Fla.·
2025-04-28
Dr. Jason Lakatos, a physician who worked for Florida IPS Medical Services, sued for wrongful termination after he was forced to resign in 2021 for refusing to comply with the employer's mandatory use of Remdesivir and prescribing policies that contradicted his medical judgment r
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M.D. Fla.·
2025-02-26
The court granted Plaintiff's motion to stay proceedings to allow amendment of the complaint, but denied Defendants' motion to stay the case management conference.
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M.D. Fla.·
2025-02-25
The court granted in part and denied in part the plaintiff's motion for leave to amend, allowing him to file an amended complaint that complies with federal rules.
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M.D. Fla.·
2025-02-13
The court granted the motion to dismiss, finding the amended complaint to be a shotgun pleading and the ADA/GINA claims time-barred.
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S.D. Fla.·
2025-01-30
The court held that the plaintiff's Amended Complaint failed to state a plausible claim under the Equal Credit Opportunity Act (ECOA) because the defendant was not a creditor, and therefore, the court dismissed the complaint with prejudice.
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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.·
2025-01-08
The court held that initiating a second lawsuit for claims arising from the same set of facts constitutes improper claim-splitting, warranting dismissal of the second action.
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M.D. Fla.·
2024-12-13
The court held that a claim for unfair competition under the Lanham Act is not a valid cause of action and dismissed it with prejudice, while other claims were dismissed without prejudice with leave to amend due to insufficient pleading of trademark distinctiveness.
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M.D. Fla.·
2024-11-26
The court granted defendants' motion for appellate attorney fees and costs, awarding them $8,458.55.
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S.D. Fla.·
2024-11-07
The court held that the plaintiff's complaint was a shotgun pleading because it improperly commingled distinct causes of action and theories of liability, failing to provide adequate notice to the defendant.
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S.D. Fla.·
2024-10-28
The court held that the plaintiff failed to state claims for unjust enrichment, money had and received, negligence, and conversion, and that amendment would be futile for these claims.
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866 F. Supp. 536·
S.D. Fla.·
2024-10-21
The court held that a defendant seeking to amend its pleadings after the deadline designated in a scheduling order must demonstrate good cause under Fed. R. Civ. P. 16(b).
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S.D. Fla.·
2024-10-07
The court held that the plaintiffs' complaint failed to state a claim for trade secret misappropriation against Newcoast Financial Services, LLC, due to insufficient factual allegations and being a shotgun pleading.
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M.D. Fla.·
2024-09-10
The court held that the plaintiff failed to state a plausible claim for breach of contract because the complaint lacked sufficient factual allegations regarding the loss and the assignment's validity under Florida law for surplus lines insurers.
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M.D. Fla.·
2024-09-06
A judge's rulings and remarks made during judicial proceedings, even if critical, do not constitute grounds for recusal unless they stem from personal, extrajudicial bias.
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N.D. Fla.·
2024-09-06
A judge's rulings and comments made during judicial proceedings, even if critical, do not constitute personal bias sufficient for recusal unless they stem from extrajudicial sources or demonstrate pervasive bias.
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S.D. Fla.·
2024-08-27
The court denied plaintiff's motion for leave to amend his complaint and denied defendants' motion to stay discovery.
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M.D. Fla.·
2024-08-15
The court held that the complaint was dismissed without prejudice because it lacked clarity regarding the plaintiffs' employment status and relationship to the Bonus Agreement's release clause, but granted leave to amend. The breach of fiduciary duty claim was sufficiently pleade
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S.D. Fla.·
2024-08-13
The court held that the plaintiff's Second Amended Complaint contained shotgun pleadings in Counts 3 and 4, warranting dismissal with prejudice, and denied leave to amend.
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S.D. Fla.·
2024-08-07
The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion to dismiss, and allowing the plaintiff leave to amend the complaint.
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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.·
2024-07-31
The district court granted plaintiffs' motion for leave to file a fourth amended complaint in a complex international hospitality case involving alleged injuries at an Iberostar hotel. The court found that jurisdictional discovery had been completed as contemplated in the schedul
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M.D. Fla.·
2024-07-16
A motion for substituted service must be denied if the complaint fails to allege sufficient facts to bring the defendant within the substituted service statute, and such deficiencies cannot be cured by a subsequently filed affidavit or argument in a motion.
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M.D. Fla.·
2024-07-02
The court held that the Copyright Act preempts the FDUTPA claim, and the claim also fails to plead consumer injury and actual damages, but granted leave to amend.
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S.D. Fla.·
2024-06-13
The court held that plaintiffs lacked standing to bring federal securities fraud claims because they did not purchase the securities, and that amendment would be futile due to the statute of repose. State law claims were dismissed for lack of supplemental jurisdiction.
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M.D. Fla.·
2024-05-20
The court held that the insurer waived its defense regarding the option to repair, and there is a genuine dispute of material fact as to whether the insurer exercised this option. However, damages caused by the contractor's faulty workmanship are excluded under the policy.
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M.D. Fla.·
2024-04-30
The court granted plaintiffs' motion for leave to file an amended complaint, finding that the potential for dismissal under the Rooker-Feldman doctrine was a matter for a motion to dismiss, not a motion to amend.
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M.D. Fla.·
2024-03-12
The court held that the plaintiffs' claims challenging the COVID-19 vaccine mandates were moot because the mandates were revoked by a subsequent executive order, and there was no reasonable expectation that the mandates would be reinstated.
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S.D. Fla.·
2024-01-04
The court held that the plaintiff's motion to amend the complaint to add a non-diverse defendant should be granted, as the joinder was not for the purpose of defeating diversity jurisdiction and the defendant failed to prove fraudulent joinder.
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S.D. Fla.·
2023-12-28
The court granted Plaintiff's motion for leave to amend its complaint, finding good cause due to Defendant's delayed disclosure of a lease agreement.
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S.D. Fla.·
2023-12-22
The court granted the defendants' motion for judgment on the pleadings, finding that the primary insurer was an indispensable party that could not be joined, and denied the plaintiff's motion for leave to amend as futile.
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S.D. Fla.·
2023-10-23
The court adopted the magistrate judge's report and recommendation, denying the application to proceed without prepayment of fees and dismissing the amended complaint with leave to amend.
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S.D. Fla.·
2023-10-19
The court held that while the plaintiff's amended complaint was a shotgun pleading, the allegations regarding the defendant's constructive notice of the hazardous condition were sufficient, and thus dismissal would be without prejudice to allow amendment.
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M.D. Fla.·
2023-10-16
The court denied defendants' motion for leave to amend their answers and affirmative defenses because they failed to demonstrate good cause for the delay.