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M.D. Fla.·
2024-09-10
The court held that Day Late Enterprises, Inc. was misjoined as a party and was dismissed from the action because it was not a necessary party under Rule 19 and did not meet the criteria for permissive joinder under Rule 20.
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M.D. Fla.·
2024-08-01
The court held that the TCPA claim survives the plaintiff's death because the statute is primarily remedial, and that challenges to class representative adequacy are not properly raised in a motion to dismiss.
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S.D. Fla.·
2024-06-28
The court held that a prisoner's claim for denial of kosher meals can proceed against the chaplain who denied the request, but claims against other officials for denying grievances and claims for cruel and unusual punishment and equal protection are dismissed.
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M.D. Fla.·
2024-02-07
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the defendants due to insufficient factual allegations regarding jurisdiction and supervisory liability.
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M.D. Fla.·
2024-01-18
The court held that the plaintiff stated a plausible Eighth Amendment claim against Defendant Garner for deliberate indifference to a known risk of harm, but dismissed the retaliation claim against Defendant Tomlin.
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M.D. Fla.·
2024-01-04
The court held that public defenders are not state actors for § 1983 claims, and claims against Lake County defendants failed for lack of policy/custom. Claims against the clerk were dismissed due to quasi-judicial immunity. Some retaliation claims against deputies remain.
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S.D. Fla.·
2024-01-03
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and constituted a shotgun pleading, warranting dismissal.
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S.D. Fla.·
2023-11-08
The court granted in part and denied in part the motion to dismiss and strike, dismissing Counterclaim I and III without prejudice, denying dismissal of Counterclaim II, and treating Affirmative Defense 13 as a denial.
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M.D. Fla.·
2023-09-22
The court denied the plaintiff's motion for default judgment against all defendants because the motion failed to address prior court orders and contained numerous deficiencies in pleading and proof.
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S.D. Fla.·
2023-09-20
The court held that the pro se plaintiff stated a prima facie deliberate indifference claim against some defendants but dismissed the complaint without prejudice due to procedural defects, granting leave to amend.
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S.D. Fla.·
2023-07-11
A class of investors sued accounting and fund administration firms for enabling a fraudulent hedge fund scheme through negligent misrepresentation, aiding and abetting fraud, and aiding and abetting breach of fiduciary duty. The court held that forum selection clauses in subscrip
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M.D. Fla.·
2023-04-24
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state claims for disparate treatment and hostile work environment, and that some claims were not administratively exhausted.
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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.·
2022-10-05
The court held that the two-dismissal rule barred claims that were identical to prior dismissed actions, but not claims arising from later liabilities; it also found personal jurisdiction over one defendant but dismissed another non-existent entity.
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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.·
2022-07-21
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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M.D. Fla.·
2022-06-21
The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
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M.D. Fla.·
2022-06-15
The court held that the plaintiff's amended complaint failed to state a claim and was properly dismissed with prejudice because it did not correct deficiencies in the original complaint, particularly regarding the particularity required for fraud claims under Rule 9(b) and the fa
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M.D. Fla.·
2022-05-04
The court held that the plaintiff's amended complaint was deficient, failing to state a claim for relief and not providing fair notice to the defendants.
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M.D. Fla.·
2022-03-16
The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
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M.D. Fla.·
2022-03-07
The court denied the defendant's motions to dismiss the receiver and for judgment, finding the motions either meritless or in violation of a court-ordered stay.
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M.D. Fla.·
2022-01-27
The court held that the plaintiff failed to state a claim for relief regarding the constitutionality of the Social Security Administration's structure because she did not plausibly allege that the statutory removal restriction on the Commissioner inflicted compensable harm.
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M.D. Fla.·
2022-01-19
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
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S.D. Fla.·
2022-01-18
The court held that plaintiff's failure to serve defendants within the required time period constituted insufficient service of process, warranting dismissal.
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S.D. Fla.·
2021-11-02
The court held that the plaintiff failed to state claims under LMRDA sections 411(a)(1) and 411(a)(2), but adequately stated claims under 411(a)(4) and 411(a)(5).
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M.D. Fla.·
2021-10-25
The court held that the plaintiff's amended complaint failed to state a plausible claim under 42 U.S.C. § 1983 for violations of his constitutional rights.
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M.D. Fla.·
2021-08-21
The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead predicate acts of racketeering activity or a pattern of such activity.
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M.D. Fla.·
2021-08-13
The court held that the relator failed to state a claim under the False Claims Act for presentment of false claims, false records/statements, and reverse false claims due to insufficient particularity in pleading. However, the court granted leave to amend the retaliation claim.
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M.D. Fla.·
2021-07-23
The court held that the plaintiff's complaint must be dismissed for insufficient service of process and for being a shotgun pleading, but granted leave to amend.
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S.D. Fla.·
2021-07-19
The court held that the plaintiff's claims were properly dismissed because the malicious prosecution claim was barred by Heck v. Humphrey, the due process claims were barred by prosecutorial immunity, and the state law claims were dismissed for lack of subject matter jurisdiction
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M.D. Fla.·
2021-06-14
The court held that the plaintiffs' amended complaint sufficiently pleaded claims under Federal Rules of Civil Procedure 8(a)(2) and 9(b), and therefore denied the defendants' motions to dismiss.
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M.D. Fla.·
2021-05-21
The court held that the plaintiff's repeated lawsuits, identical to previously adjudicated cases, are barred by the Rooker-Feldman doctrine and res judicata, and therefore granted motions to dismiss and enjoined the plaintiff from filing further actions without leave of court.
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S.D. Fla.·
2021-03-22
The court denied the motion to proceed in forma pauperis and dismissed the complaint with leave to amend due to procedural and pleading deficiencies.
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M.D. Fla.·
2021-03-04
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
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M.D. Fla.·
2021-02-24
The court held that the defendant's motion to dismiss and strike should be denied as the complaint sufficiently pleads claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
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M.D. Fla.·
2021-02-10
The court held that the plaintiff's complaint, even when construed liberally, failed to state a plausible claim for relief and did not comply with pleading rules.
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M.D. Fla.·
2020-12-18
The court dismissed most claims for failure to state a claim or pleading deficiencies, granting leave to amend for some counts.
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M.D. Fla.·
2020-10-14
The court held that the plaintiff's complaint failed to state a claim for an Eighth Amendment violation because the allegations amounted to simple negligence, not deliberate indifference.
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M.D. Fla.·
2020-08-25
A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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M.D. Fla.·
2020-07-29
The amended complaint is dismissed with prejudice because the plaintiff failed to correct the legal deficiencies identified in the initial complaint, despite being given leave to amend.
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M.D. Fla.·
2020-05-20
The court denied the motion for a protective order, finding no coercion or misleading conduct in the updated terms of service, and granted leave to replead certain claims in the motion to dismiss.
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M.D. Fla.·
2020-04-20
The court held that the Relator's complaint failed to plead fraud with the particularity required by Rule 9(b) for violations of the Federal and Florida False Claims Acts.
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S.D. Fla.·
2020-03-11
Argos Global Partner Services LLC and its subsidiaries sued Fabio Ciuchini, Argos GPS North America, and Cosmo Global Lux SARL for trademark infringement, breach of contract, tortious interference, and other claims arising from a dispute among competing Argos-branded companies. T
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S.D. Fla.·
2020-02-20
A party cannot obtain a traditional injunction without asserting an independent cause of action.
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M.D. Fla.·
2019-12-31
The court held that the Fort Myers Police Department is not a legal entity capable of being sued and granted dismissal, but allowed the plaintiff to amend the complaint to name a proper party.
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M.D. Fla.·
2019-09-20
The court held that plaintiffs adequately stated a claim for failure to accommodate under the Fair Housing Act, but dismissed the Florida Fair Housing Act claim for failure to exhaust administrative remedies.
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472 F. Supp. 2d 534·
S.D. Fla.·
2012-11-09
The court held that an arbitration clause in an employment agreement is enforceable and applies to all claims, including those that accrued before the agreement was signed, and that the case should be dismissed rather than stayed.
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898 F. Supp. 901·
S.D. Fla.·
1995-08-22
The court held that the plaintiff failed to adequately plead the jurisdictional facts necessary to establish the applicability of 46 U.S.C. § 10314(b), requiring dismissal of his claims.
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889 F. Supp. 465·
M.D. Fla.·
1995-06-23
The court held that individual employees cannot be sued for sexual harassment or retaliation under Title VII, but a defamation claim may proceed. Allegations of poisoning horses and shooting dogs were struck from the sexual harassment claim but allowed for the emotional distress
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989 F.2d 1242·
D.C. Cir.·
1993-04-16
The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff might be able to prove facts entitling him to relief under the Establishment Clause.