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137 F.4th 1158·
11th Cir.·
2025-05-08
·cited 14×
Otto Candies, LLC and other plaintiffs sued Citigroup for orchestrating a fraudulent scheme involving inflated cash advances to Mexican oil services company Oceanografía that caused over $1 billion in losses to investors. The Eleventh Circuit reversed the district court's dismiss
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134 F.4th 1150·
11th Cir.·
2025-04-16
·cited 3×
The court held that the relators sufficiently pleaded the battery upcoding scheme with particularity to survive a motion to dismiss, but their other claims failed to meet the heightened pleading standard.
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540 F. Supp. 3d 1129·
M.D. Fla.·
2022-06-10
·cited 2×
The court held that the plaintiffs' claims for fraudulent concealment and fraudulent misrepresentation fail because they do not meet the heightened pleading standards of Rule 9(b) and lack sufficient factual allegations. The court also noted that Florida law does not recognize me
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820 F. Supp. 2d 1293·
S.D. Fla.·
2011-01-24
·cited 1×
The court held that the plaintiff failed to state a claim for professional malpractice or negligent misrepresentation because the allegations did not establish a duty owed by the defendants to the plaintiff, nor did they sufficiently plead breach, causation, or justifiable relian
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686 F. Supp. 2d 1313·
S.D. Fla.·
2010-02-08
·cited 1×
The court held that the plaintiff failed to adequately plead fraud, a Florida RICO violation, and a claim against MERS, granting the defendants' motion to dismiss.
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S.D. Fla.·
2025-12-19
The court held that Grove Bay's third-party complaint against Popmenu failed to state claims for common law indemnity, negligent misrepresentation, and violation of FDUPTA due to lack of specific allegations and enforceable contract terms.
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S.D. Fla.·
2025-11-04
The court held that plaintiff's allegations sufficiently stated claims for fraud, fraudulent misrepresentation, civil theft, violation of FDUPTA, and violation of Florida Statute § 817.41, but failed to adequately plead breach of fiduciary duty and unjust enrichment.
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S.D. Fla.·
2025-08-22
A parent sued Forest Trail Academy and United Secure Youth Transport Agency (USYTA) for negligence, fraud, conspiracy, and human trafficking violations arising from the alleged abuse and exploitation of her autistic son and other children at a boarding school in Jamaica operated
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M.D. Fla.·
2025-08-19
The court granted the motion to dismiss, finding that the plaintiff failed to state claims for fraudulent misrepresentation, fraud, civil conspiracy, and invalidity of a sales deed, and improperly added an unjust enrichment claim.
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S.D. Fla.·
2025-07-29
The court recommended granting the motion to dismiss Counterclaim V (fraud in the inducement) but denying the motion to dismiss Counterclaims III (unjust enrichment) and IV (breach of fiduciary duties).
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M.D. Fla.·
2025-06-30
The court held that Plaintiff failed to state claims for federal and Florida RICO, breach of fiduciary duty, fraud, and aiding and abetting breach of fiduciary duty due to pleading deficiencies, but negligence and conversion claims survive because the Payment Services Agreements
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M.D. Fla.·
2025-05-13
The court held that the fraudulent inducement claim failed to meet Rule 9(b)'s heightened pleading standard and the FDUPTA claim failed to allege consumer injury and actual damages.
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S.D. Fla.·
2025-02-10
The court adopts the magistrate judge's report, granting in part and denying in part the motion to dismiss the counterclaim, and overruling objections.
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S.D. Fla.·
2024-12-26
The court denied the motion to dismiss Maite's amended counterclaim, finding that Maite sufficiently pleaded claims for rescission based on fraudulent inducement and breach of the Operating Agreement.
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S.D. Fla.·
2024-10-18
The court held that the plaintiff's federal securities law claims and state law claims for civil theft, conversion, and breach of contract were dismissed for failure to state a claim and failure to meet heightened pleading standards.
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M.D. Fla.·
2024-09-12
The court held that the plaintiff's allegations sufficiently stated a plausible claim under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), and thus the defendant's motion to dismiss was denied.
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M.D. Fla.·
2024-06-18
The court granted in part and denied in part Sazerac's motion to dismiss, allowing the plaintiff to file a second amended complaint.
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S.D. Fla.·
2024-02-20
The court adopted the Magistrate Judge's Report and Recommendation, granting dismissal for wire fraud, mail fraud, and civil RICO claims against certain defendants, while allowing unjust enrichment claims to proceed and dismissing an equitable lien claim.
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M.D. Fla.·
2023-12-21
The court held that allegations of mere ownership and control are insufficient to pierce the corporate veil, but a claim under FDUTPA may proceed if the individual directly participated in the improper conduct.
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M.D. Fla.·
2023-12-04
The court held that the plaintiff's claims for failure to warn, design defect, negligence, and negligent misrepresentation were sufficiently pled to survive a motion to dismiss, but punitive damages cannot be an independent cause of action.
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S.D. Fla.·
2023-09-18
The court held that the plaintiffs failed to plead sufficient facts to establish actual or constructive fraud, or aiding and abetting fraud and breach of fiduciary duty, against the bank.
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M.D. Fla.·
2023-07-20
The court held that the plaintiff failed to state a claim for deceptive and unfair trade practices, unjust enrichment, and negligent misrepresentation due to insufficient pleading of fraud, causation, and damages.
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S.D. Fla.·
2023-05-18
The court held that the plaintiff failed to plausibly allege a pattern of racketeering activity required for a civil RICO claim, specifically regarding both closed-ended and open-ended continuity.
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S.D. Fla.·
2023-03-31
The court held that the plaintiffs' claims for quiet title, rescission, and unconscionable contract were dismissed, but the claims for declaratory judgment and usury could proceed to discovery. The request for punitive damages was denied.
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M.D. Fla.·
2022-10-26
The court held that the relator sufficiently pleaded claims for sleep lab diagnostic tests submitted to the government, but dismissed claims related to downstream providers, non-sleep lab tests, and claims outside the relator's employment period.
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S.D. Fla.·
2022-08-25
The court held that the complaint failed to establish diversity jurisdiction because it did not adequately plead the citizenship of each plaintiff.
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S.D. Fla.·
2021-10-27
The court held that the pro se plaintiff's complaint failed to state a claim upon which relief could be granted under Florida statutes and the False Claims Act.
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S.D. Fla.·
2021-10-05
The court denied the plaintiff's motion for leave to file a third amended complaint because all proposed amendments were futile.
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M.D. Fla.·
2021-07-22
The court held that the complaint was an impermissible shotgun pleading and failed to meet the heightened pleading standard for fraud, warranting dismissal.
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S.D. Fla.·
2021-01-15
The court held that the plaintiff failed to state a plausible claim for relief under RICO, FDUTPA, tortious interference, and fraud, primarily due to insufficient factual allegations and failure to meet heightened pleading standards.
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M.D. Fla.·
2021-01-08
The court held that claims against BLS are subject to arbitration and stayed them, while dismissing claims V-VIII against Oliver and El without prejudice for failure to meet pleading standards.
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M.D. Fla.·
2020-10-30
The court held that the plaintiff sufficiently pleaded its Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim regarding misrepresentations made directly to the plaintiff, but dismissed the claim to the extent it was based on alleged misrepresentations made to an accr
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M.D. Fla.·
2020-10-22
The court held that the relator failed to plead his False Claims Act claims with the particularity required by Rule 9(b), warranting dismissal.
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M.D. Fla.·
2020-09-04
The court granted in part and denied in part the motion to dismiss, dismissing claims for FDUTPA, common law fraud, and negligent misrepresentation for failure to plead with particularity or due to the independent tort doctrine, but allowed breach of contract claims to proceed.
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S.D. Fla.·
2020-07-15
The court held that the plaintiff sufficiently alleged that an employee exceeded authorized access under the CFAA, but failed to adequately allege 'loss' under the statute, and dismissed that count with leave to amend. The court also found the plaintiff sufficiently alleged torti
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S.D. Fla.·
2020-04-14
The court held that the plaintiffs have pled sufficient facts to withstand a motion to dismiss for securities fraud, as some of the alleged statements were not protected by the PSLRA safe harbor and were sufficiently pled as material misrepresentations or omissions made with scie
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M.D. Fla.·
2020-01-13
The court held that the plaintiff's second amended complaint was dismissed because it continued to suffer from pleading deficiencies, including being a shotgun pleading and failing to state a viable federal claim.