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M.D. Fla.·
2023-05-08
The court held that the defendants' affirmative defenses were not insufficient as a matter of law and their counterclaims sufficiently stated a claim, thus denying the plaintiff's motion to strike and dismiss.
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S.D. Fla.·
2023-05-01
Patagonia, Inc. sued Worn Out LLC for trademark infringement related to the "WORN WEAR" marks, and Worn Out counterclaimed alleging that Patagonia fraudulently obtained and maintained those trademark registrations by falsely representing in USPTO applications that it used the mar
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M.D. Fla.·
2023-04-21
The court denied the motion to strike claims for punitive damages and attorney's fees, finding them not to be redundant, immaterial, impertinent, or scandalous at this stage.
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M.D. Fla.·
2023-04-19
The court held that the plaintiff failed to plausibly allege that the defendant participated in a venture that violated the Trafficking Victims Protection Reauthorization Act (TVPRA).
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M.D. Fla.·
2023-04-17
The court denied the defendant's motion to strike plaintiff's demands for consequential damages and attorneys' fees.
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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.·
2023-02-14
The court held that references to insurance premium payments in a complaint are not subject to a motion to strike as they are relevant to demonstrating the plaintiff's performance under the contract and are not inherently prejudicial at the pleading stage.
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M.D. Fla.·
2023-02-03
The court held that a motion to strike a prayer for attorneys' fees is premature before a determination of entitlement to those fees.
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M.D. Fla.·
2023-01-10
The court held that a constructive trust claim fails when an adequate remedy at law exists, but a negligent misapplication claim can proceed if the funds may have been a special deposit creating a duty.
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S.D. Fla.·
2023-01-10
The court granted in part and denied in part motions to strike affirmative defenses, striking defenses that were mere denials, lacked subject matter jurisdiction, or were duplicative, while allowing defenses that raised mixed questions of law and fact or had sufficient factual su
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M.D. Fla.·
2022-12-19
The court held that the amended complaint was a shotgun pleading and dismissed it, but also found that some claims were preempted by the Carmack Amendment and FAAAA, while others were not.
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M.D. Fla.·
2022-12-02
The court held that the plaintiff's Florida Civil Rights Act claim was not barred due to the Commission on Human Relations exceeding the statutory time limit for determination, but her intentional infliction of emotional distress claim failed to state a claim for outrageous condu
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M.D. Fla.·
2022-12-01
The court held that the plaintiff's allegations, supported by video evidence, sufficiently stated claims for false arrest, false imprisonment, and unlawful seizure, and that the defendants were not entitled to dismissal or to strike the allegations at this stage.
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M.D. Fla.·
2022-11-08
The court denied the motion to strike affirmative defenses because the plaintiffs failed to demonstrate they were frivolous, clearly invalid, or would cause prejudice, especially given the overlap with ongoing summary judgment and Daubert motions.
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S.D. Fla.·
2022-10-20
The court held that allegations regarding unsolicited telephonic sales calls for educational services are sufficient to state a claim under the Florida Telephone Solicitation Act (FTSA), and that the defendant's motion to strike certain allegations was not warranted.
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M.D. Fla.·
2022-10-14
The court held that a motion to strike under Federal Rule of Civil Procedure 12(f) is improper when applied to motions, as the rule only permits striking pleadings.
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M.D. Fla.·
2022-09-20
The court held that the Amended Complaint was a shotgun pleading and improperly joined parties, warranting dismissal without prejudice and severance of claims.
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M.D. Fla.·
2022-09-08
The court held that allegations concerning settlement negotiations should not be stricken from the pleadings under Rule 12(f) because Federal Rule of Evidence 408 applies to evidence, not pleadings, and the allegations may be relevant to negate a laches defense.
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S.D. Fla.·
2022-09-06
The Court held that an Answer filed after a final default judgment has been entered, without a motion to set aside the judgment under Rule 60(b), is untimely and must be stricken.
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M.D. Fla.·
2022-07-29
The court granted in part and denied in part the motion to dismiss, dismissing the equitable setoff and subrogation claims for failure to state a claim and lack of ripeness, respectively, while allowing the breach of contract claim to proceed.
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M.D. Fla.·
2022-07-20
The Court denies Plaintiff's motion to strike Defendant's affirmative defenses.
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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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S.D. Fla.·
2022-04-11
The court held that the amended complaint sufficiently alleged claims under the Fair Labor Standards Act (FLSA) and denied the defendants' motion to dismiss and strike.
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M.D. Fla.·
2022-03-22
The court granted the motion to dismiss the second amended complaint because the plaintiff failed to plausibly allege protected activity under the Florida Whistleblower Act. The court also found the plaintiff's claims regarding injunctive relief lacked legal basis.
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M.D. Fla.·
2022-02-09
The court granted in part and denied in part plaintiff's motion to dismiss amended counterclaims and strike affirmative defenses, striking several defenses and portions of the counterclaim while allowing others.
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M.D. Fla.·
2022-02-02
The court held that a motion for judgment on the pleadings is not the proper vehicle to dismiss a claim solely for being duplicative, and that the claim for declaratory relief did not require factual determinations at this stage.
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M.D. Fla.·
2021-10-19
A federal court in a diversity case must apply federal rules of procedure, and Florida Statute § 768.72, which requires a preliminary judicial determination before pleading punitive damages, conflicts with Federal Rule of Civil Procedure 8(a)(3) and thus does not apply.
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M.D. Fla.·
2021-10-05
The court granted in part and denied in part the motion to dismiss, denying the motion to strike.
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S.D. Fla.·
2021-10-04
The court held that allegations detailing a manufacturer's prior contractual disputes and financial difficulties were not immaterial or scandalous and thus would not be stricken from the complaint.
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S.D. Fla.·
2021-09-13
The court held that the plaintiff's negligence claim was duplicative of the breach of contract claim, the breach of contract claim failed to identify specific breached provisions, the unjust enrichment claim was barred by the adequate remedy at law, and the limitation of liabilit
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M.D. Fla.·
2021-08-25
The court held that affirmative defenses which improperly deny the merits of a claim, rather than asserting new facts to avoid liability, should be treated as specific denials rather than stricken, especially when they provide notice to the opposing party.
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S.D. Fla.·
2021-07-29
A state statute imposing a higher standard of care than general maritime law cannot be applied in admiralty cases, even for property damage.
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M.D. Fla.·
2021-07-14
The court held that the defendant's affirmative defenses were not legally insufficient or redundant and therefore denied the motion to strike.
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M.D. Fla.·
2021-07-12
The court held that affirmative defenses are subject to Rule 8 pleading standards and, when alleging fraud, Rule 9(b), but motions to strike are disfavored and will only be granted if a defense is insufficient as a matter of law.
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M.D. Fla.·
2021-07-12
The court held that the Sheriff's motion to dismiss based on sovereign immunity and insufficient pleading should be denied, as the plaintiff sufficiently pleaded claims against the Sheriff for the Deputy's actions.
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M.D. Fla.·
2021-06-28
The court held that the School Board's motion to dismiss the breach of contract claim is denied, and Aetna's motion to dismiss is granted in part (declaratory and injunctive relief claims dismissed for lack of standing) and denied in part (tortious interference claim and class al
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M.D. Fla.·
2021-06-14
The court held that the defendants failed to show why the challenged allegations in the amended complaint were immaterial or impertinent.
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S.D. Fla.·
2021-05-20
The court held that the plaintiff failed to state a claim against the City for failure to train, supervise, or hire, and that the claim for punitive damages against the officer was conclusory and should be struck.
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M.D. Fla.·
2021-05-10
Plaintiff C.S. sued Wyndham Hotels & Resorts and various franchisees of a Days Inn Hotel for sex trafficking victimization occurring at the property between 2015 and February 2016, asserting claims under the Trafficking Victims Protection Reauthorization Act, Florida RICO, premis
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S.D. Fla.·
2021-04-28
The court held that the plaintiff's allegations sufficiently stated a claim for negligence and plausibly alleged intentional misconduct for punitive damages.
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S.D. Fla.·
2021-04-15
The court denied the plaintiff's motion to strike the defendant's affirmative defenses.
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S.D. Fla.·
2021-03-22
The court denied the defendant's motion to strike portions of the complaint and dismissed the motion to dismiss as moot regarding individual defendants.
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M.D. Fla.·
2021-03-08
The court denied the defendant's motions 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, an
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M.D. Fla.·
2021-03-08
The court denied motions to dismiss state law claims as moot due to their withdrawal and denied motions to strike and for a more definite statement, finding the complaint sufficiently clear and relevant.
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M.D. Fla.·
2021-03-04
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and
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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.·
2021-03-04
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.·
2021-02-26
The court held that the complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring/supervision/retention, negligent rescue, and aiding/abetting, and denied the motion to dismiss
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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.·
2021-02-23
A sex trafficking victim sued Wyndham Hotels & Resorts and a local franchisee operator, alleging the franchisor and franchisee knowingly facilitated her sexual exploitation between 2014 and 2016 by repeatedly renting hotel rooms to her traffickers despite observable signs of traf