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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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Del. Super. Ct.·
2025-02-06
The Delaware Superior Court granted Defendants' motion to dismiss Plaintiff's fraud in the inducement claim, finding that the allegations did not plead "separate and distinct facts" from the breach of contract claim and impermissibly "bootstrapped" the contract claim. However, th
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M.D. Fla.·
2025-01-28
The court held that the amended complaint fails to state a claim because the cited statutory provisions do not authorize private rights of action for consumers.
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S.D. Fla.·
2025-01-23
Ramindesign, LLC contracted with Jacek Skarzynski to plan and develop a luxury home in Miami, but the parties disputed whether Ramindesign had committed material breaches of the contract when payment stopped mid-project. The court recommended denying Ramindesign's motion to strik
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Del. Super. Ct.·
2025-01-22
The Delaware Superior Court denied Atlas's partial motion to dismiss Mosaic's claims for fraudulent inducement and fraudulent concealment. The court found that the fraud claims were not impermissibly bootstrapped to the breach of contract claim, as Mosaic alleged knowing misrepre
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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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M.D. Fla.·
2024-12-17
The court denied the defendants' motion for summary judgment on claims of fraudulent misrepresentation, fraudulent concealment, and breach of contract, finding genuine issues of material fact exist.
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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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S.D. Fla.·
2024-09-26
The court held that the fraud in the inducement claim was dismissed without prejudice for failing to meet Rule 9(b) pleading standards, but the FDUTPA and tortious interference claims survived the motion to dismiss, and the breach of contract claim was not subject to arbitration.
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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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S.D. Fla.·
2024-08-23
Plaintiff failed to state a claim under Rule 10b-5(b) for material misrepresentations or omissions because Lilium's statements about battery technology, range, hover time, and commercialization timelines were either forward-looking statements protected by the PSLRA safe harbor (a
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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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M.D. Fla.·
2024-03-27
The court held that the plaintiff lacks Article III standing to assert claims under other states' laws and for injunctive relief, and fails to state a claim for deceptive and misleading advertising and fraud.
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M.D. Fla.·
2024-03-20
The court held that the plaintiff failed to state a claim for deceptive and unfair trade practices under FDUTPA and unjust enrichment, as the claims were not pled with sufficient particularity and lacked allegations of actual damages and direct benefit conferred.
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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.·
2024-02-15
The court held that affirmative defenses, even if pleaded as denials, should not be stricken but treated as specific denials, and that the heightened pleading standard of Twombly/Iqbal does not apply to affirmative defenses.
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S.D. Fla.·
2024-02-09
The Court held that the Petitioner's claims challenging his civil commitment under 28 U.S.C. § 2254 lacked merit, as the state court's findings were supported by evidence and complied with federal and state law.
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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.·
2023-11-22
The court affirmed the magistrate judge's report and recommendation, granting in part and denying in part the defendant's motion to dismiss, denying abstention, and denying jurisdictional discovery as moot.
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M.D. Fla.·
2023-11-20
The court denied the motion to strike the defendant's bona fide error affirmative defense.
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M.D. Fla.·
2023-10-26
The court held that the counterclaims for trademark cancellation based on fraud were insufficiently pleaded because they relied on post-application statements and failed to allege PTO reliance, and the FDUTPA counterclaim failed because filing a lawsuit is not 'trade or commerce'
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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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Fla. 2d DCA·
2023-08-18
The appellate court affirmed the trial court's dismissal of a lawsuit because the plaintiff lacked standing to sue as the personal representative of the estate at the time the suit was filed and dismissed. The court found that the relation-back doctrine did not apply because the
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S.D. Fla.·
2023-07-26
A Florida federal court partially granted motions to dismiss filed by a recreational vehicle manufacturer and retailer in a products liability case arising from a rollover accident involving a side-by-side vehicle with a defective seatbelt system. The court found it had personal
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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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M.D. Fla.·
2023-07-11
The court affirmed a judgment for the insured, holding that the insurer failed to meet its burden of proving that the loss of jewelry by theft occurred in a single occurrence, thus the $500 per-occurrence limit did not apply.
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S.D. Fla.·
2023-06-30
The court held that a counterclaim for negligent misrepresentation was inadequately pleaded and dismissed it, but allowed a claim for negligent delivery to proceed. The unjust enrichment claim was dismissed as a shotgun pleading.
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S.D. Fla.·
2023-06-26
The court held that the plaintiff sufficiently alleged domestic transactions for federal and state securities claims and satisfied Rule 9(b)'s heightened pleading requirements for fraud.
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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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M.D. Fla.·
2023-04-12
The court held that the defendant did not demonstrate good cause for a complete stay of discovery pending resolution of its motion to dismiss, but granted a partial stay allowing only initial disclosures.
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S.D. Fla.·
2023-04-04
The court denied defendants' motions to dismiss, finding that the DIG tokens could be considered investment contracts under the Howey test and that the complaint sufficiently alleged primary violations and aiding and abetting liability.
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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.·
2023-03-30
Plaintiffs Eric De Ford and Sandra Bader sued multiple defendants alleging they were defrauded in their purchases of LGBCoin, a cryptocurrency created to capitalize on the "Let's Go Brandon" political phrase and promoted through various media campaigns including connections to NA
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S.D. Fla.·
2023-03-27
The court granted the government's motion to dismiss all claims against the United States for lack of jurisdiction and vacated a default against Santilli, ordering Montero to show cause why his fraud claim against Santilli should not be dismissed for failure to serve and failure
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M.D. Fla.·
2023-03-03
The court held that the plaintiff's FDUTPA claim was dismissed without prejudice for failing to plead with particularity under Rule 9(b), and the state consumer fraud acts claim was dismissed without prejudice for lack of standing. The breach of contract claim was dismissed witho
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M.D. Fla.·
2023-02-17
The court held that the plaintiff's complaint sufficiently stated claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and thus denied the defendant's motion to dismiss.
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M.D. Fla.·
2023-01-24
The court held that the defendants' motion to dismiss based on the FCA's public disclosure bar and Rule 12(b)(6) should be denied, as the relator's allegations sufficiently stated plausible claims under the False Claims Act and state statutes, particularly those related to the An
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S.D. Fla.·
2022-11-18
The court denied in substantial part Plaintiff's motion to strike affirmative defenses due to non-compliance with Local Rule 7.1, but granted the unopposed request for leave to file a reply.
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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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M.D. Fla.·
2022-10-12
The court held that the plaintiff's RICO claim is barred by the McCarran-Ferguson Act and fails to meet the particularity requirements of Rule 9(b), leading to its dismissal.
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M.D. Fla.·
2022-09-27
The court held that the relator's False Claims Act claims (Counts I-III) failed to meet the heightened pleading standard of Rule 9(b) due to a lack of particularity regarding specific false claims submitted, but the retaliation claim (Count IV) and the state whistleblower claim (
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S.D. Fla.·
2022-09-13
The court held that affirmative defenses which merely state a failure to state a claim or reserve the right to assert future defenses are insufficient and should be stricken.
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S.D. Fla.·
2022-09-09
The court adopted the magistrate judge's report and recommendations, granting the motion to dismiss and denying the motion for leave to amend.
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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.·
2022-05-26
The court granted in part and denied in part the motion to strike affirmative defenses, striking only the Tenth Affirmative Defense for being frivolous.
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S.D. Fla.·
2022-04-12
The court held that the plaintiffs failed to state claims for fraudulent concealment, violation of the Florida Franchise Act, and defamation, dismissing those counts.
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S.D. Fla.·
2022-04-12
The court held that the amended complaint must be dismissed for failure to establish subject-matter jurisdiction and for failing to meet pleading standards under Federal Rules of Civil Procedure 8(a) and 9(b).
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11th Cir.·
2022-04-01
The court held that the False Claims Act's first-to-file bar applies to the original complaint's filing date, not amended complaints, and that the Relators' action was related to a prior-filed action alleging the same essential facts of fraud.
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S.D. Fla.·
2022-03-30
The court granted in part and denied in part the motion to dismiss, finding that admiralty jurisdiction exists but diversity jurisdiction was not properly pleaded, and that the Death on the High Seas Act's applicability could not be determined at this stage.