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525 F.2d 886·
5th Cir.·
1976-01-12
·cited 140×
The court held that prisoner complaints, even if initially lacking factual detail, should not be dismissed as frivolous before being filed and docketed, and that a questionnaire can be used as a pleading auxiliary to develop facts.
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537 F.2d 857·
6th Cir.·
1976-06-29
·cited 80×
A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
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310 F. Supp. 2d 1256·
S.D. Fla.·
2004-03-23
·cited 40×
The court held that a university is not liable in negligence for academic or disciplinary decisions absent malice, and that tortious interference claims do not lie against an agent of a contracting party.
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890 F.2d 628·
3d Cir.·
1989-11-29
·cited 37×
The court held that liability under § 12(2) extends to those who solicit purchases, not just immediate sellers, and that allegations of deceptive practices in marketing, if proven, are actionable under federal securities laws, distinguishing them from mere corporate mismanagement
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269 F.2d 126·
5th Cir.·
1959-07-30
·cited 31×
The court should affirm the order for a more definite statement but reverse the dismissal and remand to allow the plaintiff time to comply.
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928 F. Supp. 1161·
M.D. Fla.·
1996-06-10
·cited 23×
The court held that the plaintiffs' complaint must be dismissed because they lacked standing, their claims were time-barred, and they failed to state a claim upon which relief could be granted.
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867 F.2d 877·
5th Cir.·
1989-03-15
·cited 16×
The court held that the plaintiff failed to plead necessary elements for a RICO claim with sufficient specificity, and thus the dismissal of federal claims was proper.
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126 F.2d 827·
10th Cir.·
1942-03-11
·cited 16×
The court held that the prior judgment against the principal did not preclude a suit against the agent for a different wrong, and the pleading deficiencies did not warrant dismissal without an opportunity to amend.
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679 F. Supp. 1096·
S.D. Fla.·
1987-07-13
·cited 10×
The court held that plaintiffs' complaints sufficiently stated claims for negligence, strict liability, breach of implied warranty, conspiracy, and punitive damages, and that personal jurisdiction was properly asserted under Florida's long-arm statute.
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626 F.2d 60·
8th Cir.·
1980-07-23
·cited 10×
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted under Missouri law, as the alleged facts did not fall under the exceptions to the rule that property owners are not liable for injuries from natural accumulations of ice and s
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641 F. Supp. 2d 1256·
M.D. Fla.·
2008-06-23
·cited 9×
The court granted motions to strike a pleading that did not comply with court orders and dismissed claims for violation of the FDCPA, RICO, and a criminal statute lacking civil liability.
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724 F. Supp. 1373·
S.D. Fla.·
1989-11-06
·cited 7×
The court held that the Perishable Agricultural Commodities Act (PACA) does not grant private parties jurisdiction to seek injunctive relief, and that a prior injunction requiring the establishment of a trust bank account was improper. The court also found that while individuals
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855 F.2d 1470·
9th Cir.·
1988-09-02
·cited 6×
An order imposing sanctions solely on a non-party attorney is immediately appealable, and the court remanded the case for reconsideration of the sanctions, finding the district court's stated reasons for imposing them were erroneous.
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986 F. Supp. 2d 982·
M.D. Fla.·
2000-09-07
·cited 1×
The court held that the SEC sufficiently pleaded fraud and fraudulent pledge of stock with particularity under Rule 9(b) and stated claims under federal securities laws, and that a pledge of stock for a loan constitutes a sale or offer under those laws.
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S.D. Fla.·
2025-12-15
The court held that the fraud and securities fraud claims should be dismissed for failure to meet pleading standards, but the breach of contract claim should proceed.
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M.D. Fla.·
2025-04-28
The court held that a breach of contract counterclaim and a recoupment counterclaim were sufficiently pleaded, but an accounting counterclaim was not. The court also struck one affirmative defense as improper and denied motions to strike others.
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M.D. Fla.·
2025-04-23
The court held that the plaintiff's complaint failed to establish federal subject-matter jurisdiction and was inadequately pleaded, warranting dismissal.
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N.D. Fla.·
2025-04-08
Jaden Rashada sued University of Florida football coach William Napier, NIL director Marcus Castro-Walker, booster Hugh Hathcock, and Velocity Automotive Solutions for fraudulently inducing him to commit to the university with promises of a $13.85 million name, image, and likenes
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S.D. Fla.·
2025-03-10
The court held that the plaintiff plausibly alleged direct and contributory copyright infringement but failed to adequately plead a trade secret misappropriation claim, granting leave to amend that count.
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S.D. Fla.·
2024-10-16
The court granted in part and denied in part the motion to dismiss, dismissing Count III without prejudice for failure to state a claim and granting leave to amend, while denying dismissal for Counts V and VI based on independent tort doctrine, ownership, and notice.
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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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M.D. Fla.·
2022-04-28
The court held that the defendant's affirmative defenses were sufficiently pled to put the plaintiff on notice and therefore denied the plaintiff's motion to strike or for a more definite statement.
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M.D. Fla.·
2022-02-03
The court granted the defendants' motion for a more definite statement because the plaintiff's complaint was vague, ambiguous, and constituted a shotgun pleading.
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S.D. Fla.·
2022-02-01
The court held that a § 1983 claim based solely on ADA rights is barred, a failure to plead a similarly situated comparator warrants dismissal without prejudice, and punitive damages are not recoverable against a school board under the ADAAA.
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S.D. Fla.·
2021-08-20
The court denied motions to dismiss for most lawyer defendants, finding the complaint sufficiently pleaded claims and that Rule 9(b) did not apply to all claims. The court granted dismissal for one defendant due to improper service.
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M.D. Fla.·
2021-03-04
The court denied defendant's motion to dismiss the Florida RICO claim, finding the complaint adequately alleged an association-in-fact enterprise with a common purpose to profit from sex trafficking, a pattern of criminal activity involving multiple human trafficking predicate ac
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M.D. Fla.·
2021-02-22
A Florida district court denied motions to dismiss filed by hotel franchisor Wyndham Hotels & Resorts and franchisee Rist Properties in a sex trafficking case brought by victim S.Y., who alleged she was victimized at a Ramada Hotel from 2015 to 2016. The court found that the plai
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S.D. Fla.·
2021-01-28
The court held that the amended complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting plaintiff leave to amend.
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M.D. Fla.·
2020-12-11
The court denied the defendant's motion to dismiss, finding that the forum selection clause in the settlement agreement did not apply and that the plaintiffs had sufficiently stated claims for breach of contract, violation of the Defend Trade Secrets Act, and violation of the Flo
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M.D. Fla.·
2020-06-04
A complaint need not plead facts to negate an affirmative defense like the statute of limitations, and a motion to dismiss is inappropriate when resolution depends on facts not yet in evidence.
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M.D. Fla.·
2019-08-16
The court held that the amended complaint sufficiently alleged that the individual defendant acted as an employer under the FLSA, thus denying his motion to dismiss and for a more definite statement.