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S.D. Fla.·
2022-01-19
The court held that the petitioner failed to state a claim for relief in his habeas petition because he did not adequately allege the trigger date for the removal period and his conditions of confinement claim is not cognizable in a habeas petition.
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S.D. Fla.·
2021-12-30
The court held that the plaintiff's complaint failed to plead with particularity the 'when,' 'where,' and 'how' defendant violated COVID-19 health protocols, thus requiring dismissal.
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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.·
2021-10-21
The court recommended denying the motion to dismiss the claim for fraud on the USPTO, finding the allegations sufficient to state a plausible claim.
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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.·
2021-09-29
Plaintiff Scott Meide brought federal and state law claims against multiple defendants arising from a failed investment, but repeatedly failed to meet pleading standards and maintained frivolous claims despite court warnings and guidance. The district court found that Meide viola
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S.D. Fla.·
2021-09-22
The court held that the Counter-Plaintiffs' claims for fraud in the inducement and indemnification failed to meet pleading standards and were dismissed.
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S.D. Fla.·
2021-09-20
The court denied the plaintiff's motion for reconsideration, clarification, and leave to amend, finding no basis for reconsideration, that the clarification request was moot, and that the plaintiff failed to show good cause for an untimely amendment.
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M.D. Fla.·
2021-09-16
The court held that the amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2021-09-02
The court granted Geico's motion to dismiss all of Glassco's counterclaims because Glassco failed to state plausible claims for relief under the Sherman Act, FDUTPA, and RICO, and conceded the lack of merit for tortious interference.
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S.D. Fla.·
2021-08-31
Shareholders of OPKO Health, Inc. sued derivatively on behalf of the company, alleging that the board of directors breached their fiduciary duties and violated federal securities laws by allegedly engaging in discriminatory practices in board and executive hiring while making mat
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S.D. Fla.·
2021-08-23
The court held that foreign defendants must be dismissed for lack of personal jurisdiction, while some claims against Royal Caribbean Cruises Ltd. survive the motion to dismiss, and others fail.
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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.·
2021-06-17
Bluegreen Vacations sued timeshare termination service defendants, alleging they falsely advertised guaranteed contract cancellation services and engaged in coordinated schemes involving false advertising, tortious interference, and fraud that caused timeshare owners to default o
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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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S.D. Fla.·
2021-05-26
The court held that fraud claims (Counts 2-13) are barred by the independent tort doctrine because the alleged misrepresentations were not separate from the contract's breach. Unjust enrichment claims (Counts 14-15) are also dismissed as an express contract governs the dispute.
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M.D. Fla.·
2021-05-14
The court held that Arizona plaintiffs' claims must be dismissed for lack of personal jurisdiction, and all remaining claims fail to state a plausible claim for relief under federal rules and Florida law.
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S.D. Fla.·
2021-05-04
Karina Merino sued Johnson & Johnson and its subsidiary Ethicon for injuries resulting from a pelvic mesh implant (Gynecare TVT product) designed to treat urinary incontinence, alleging design defects, failure to warn, breach of warranty, fraud, gross negligence, and unjust enric
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S.D. Fla.·
2021-04-30
The court held that the petitioner's claims of ineffective assistance of counsel were legally insufficient due to vague and conclusory allegations, failing to meet the heightened pleading standard required in habeas corpus proceedings.
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S.D. Fla.·
2021-04-23
The court denied the defendants' motion to dismiss, finding that the plaintiffs had adequately stated claims for breach of contract, tortious interference, and other causes of action, and that the claims were ripe and properly pleaded.
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M.D. Fla.·
2021-04-20
State Farm sued medical clinics and healthcare providers for operating a fraudulent scheme to submit false insurance claims for personal injury protection benefits by referring accident victims to clinics through a referral service and providing medically unnecessary treatments b
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M.D. Fla.·
2021-04-19
The court granted in part Plaintiff's motion for reconsideration, allowing review of discovery requests on the merits, but denied Plaintiff's second motion to compel as untimely.
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S.D. Fla.·
2021-04-12
The court granted the motion to dismiss, finding the plaintiff failed to state a claim for securities fraud because the challenged statements constituted corporate puffery and were not material misrepresentations or omissions.
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Del. Super. Ct.·
2021-04-07
The Delaware Superior Court denied the defendant's motion to dismiss, finding that the plaintiff's claims were properly brought in Delaware under the Unit Asset Purchase Agreement's (UAPA) forum selection clause, which also waived forum non conveniens arguments. The court also he
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Fla. 2d DCA·
2021-03-12
The appellate court reversed a foreclosure judgment, finding the bank failed to prove it complied with the mortgage's notice requirements. The court held that the bank's evidence of mailing a default notice was insufficient, as it relied on an employee's assumption rather than di
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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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S.D. Fla.·
2020-12-03
The court held that affirmative defenses must provide fair notice of the grounds on which they rest and cannot be merely conclusory restatements of statutory language.
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M.D. Fla.·
2020-11-13
The court recommended granting default judgment for the fraud claim, awarding compensatory damages, but denying punitive damages and the negligence claim.
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S.D. Fla.·
2020-11-12
The court held that most of the defendant's affirmative defenses were sufficiently pled to provide notice and should not be stricken, while two defenses were treated as denials rather than affirmative defenses.
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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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Del. Ch.·
2020-09-30
The Court of Chancery granted in part and denied in part the sellers' motion to dismiss the buyer's counterclaims and denied the sellers' motion for summary judgment. The court dismissed the buyer's breach of contract claims (Counts I and V) and fraudulent concealment claim (Coun
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M.D. Fla.·
2020-09-29
The court held that the relator failed to plead with sufficient particularity that false claims were actually submitted to the government, a requirement for False Claims Act liability under 31 U.S.C. §3729(a)(1)(A) and (B).
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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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Del. Ch.·
2020-08-25
The Court denied in part and deferred decision in part on the defendants' motion to dismiss. The breach of contract, indemnification, and common law fraud claims were allowed to proceed. The California Blue Sky Law claim requires supplemental briefing. Claims against Kristen Zell
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S.D. Fla.·
2020-08-24
The court held that the movant's claim under Rehaif was procedurally barred and not retroactive, and that the movant had not demonstrated actual innocence or cause for the procedural default.
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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.·
2020-07-06
The court held that the defendant's affirmative defenses of waiver, laches, and statute of limitations were sufficiently pleaded to provide fair notice and should not be stricken.
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M.D. Fla.·
2020-07-03
The court denied the petitioner's motion to vacate sentence, finding her claims were either refuted by the record, procedurally barred, or factually insufficient.
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M.D. Fla.·
2020-06-17
The court held that the Plaintiffs' First Amended Complaint is an impermissible shotgun pleading and therefore dismissed it.
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S.D. Fla.·
2020-05-15
The court held that a defendant seeking to amend pleadings after a scheduling order deadline must first show good cause under Rule 16, and if shown, then demonstrate no substantial reason to deny amendment under Rule 15.
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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.·
2020-04-14
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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S.D. Fla.·
2020-04-08
The court held that affirmative defenses are subject to the heightened pleading standard of Twombly and Iqbal, and granted the motion to strike because the defendant's affirmative defenses were vague, conclusory, and lacked factual support.
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S.D. Fla.·
2020-03-04
The court held that the plaintiff lacked standing to bring breach of warranty claims due to failure to allege injury, and that claims for breach of express and implied warranty, and unjust enrichment were otherwise deficient. The court deferred ruling on injunctive and declarator
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M.D. Fla.·
2020-02-13
The court held that the complaint must be dismissed without prejudice for failing to establish diversity jurisdiction and for being a shotgun pleading, but the plaintiff is granted leave to amend.
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M.D. Fla.·
2020-01-28
The court held that the plaintiff failed to state a claim for violations of the Florida Consumer Collection Practices Act, rescission based on fraud, and the Racketeer Influenced and Corrupt Organizations Act, dismissing these counts without prejudice.
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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.
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S.D. Fla.·
2019-10-22
The court granted in part and denied in part the defendant's motion to dismiss. The court dismissed the plaintiff's claims on behalf of a nationwide class, finding the plaintiff lacked standing to assert claims under Florida law for vehicles purchased outside of Florida. However,