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467 F.2d 602·
2d Cir.·
1972-08-03
·cited 71×
The court held that the plaintiff's complaint was deficient for failing to meet the particularity requirements of Federal Rule of Civil Procedure 9(b) and that summary judgment was appropriate for defendants Linden and Gordon due to lack of evidence of their participation.
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66 Fla. 382·
Fla.·
1913-11-25
·cited 34×
Drew Lumber Company appeals the grant of a temporary injunction restraining its interference with Union Investment Company's possession and improvement of disputed land in Suwannee County, Florida. The Court reversed the injunction, finding the bill complained primarily of acts a
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138 Fla. 32·
Fla.·
1939-05-16
·cited 32×
This case involves a challenge to the City of Jacksonville's permit allowing National Container Corporation to drill artesian wells for a proposed wood pulp mill. The Florida Supreme Court affirmed that private citizens may maintain a suit in the name of the State to enjoin threa
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69 Fla. 104·
Fla.·
1915-02-03
·cited 32×
American Securities Company appealed a foreclosure decree obtained by mortgagee Samuel Goldsberry. The Florida Supreme Court affirmed the foreclosure, rejecting the company's defenses based on an alleged oral agreement between Goldsberry and the original mortgagor to extend payme
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829 F.2d 286·
1st Cir.·
1987-09-28
·cited 27×
The court held that while Rule 9(b) requires specificity in pleading RICO mail and wire fraud, dismissal should not be automatic if the rule is not satisfied; instead, courts should consider allowing discovery if the facts are likely within the defendant's control and the allegat
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844 F.2d 997·
2d Cir.·
1988-04-20
·cited 24×
The court held that the amended complaint failed to comply with Rule 9(b)'s heightened pleading standards for fraud, but that sanctions under Rule 11 were improperly awarded because the plaintiff had leave to replead and the amended complaint, while insufficient, was not patently
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929 F.2d 875·
1st Cir.·
1991-04-08
·cited 13×
The court held that the plaintiff's amended complaint failed to plead securities fraud with the particularity required by Rule 9(b) and that the district court did not abuse its discretion in denying leave to amend.
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858 F. Supp. 1168·
M.D. Fla.·
1994-07-05
·cited 10×
The court denied most motions to dismiss, allowing claims for violations of Section 10(b) and Rule 10b-5, Section 20(a), common law fraud, and negligent misrepresentation to proceed, but granted the motion to dismiss the aiding and abetting claim.
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153 Fla. 666·
Fla.·
1943-11-09
·cited 9×
Benny Maniscalco was charged with contempt of court for allegedly harboring a fugitive and intimidating a witness in a rape case. The Florida Supreme Court held that while the contempt charge could be brought on information and belief, Maniscalco's verified return denying guilt w
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136 Fla. 615·
Fla.·
1939-03-08
·cited 9×
The Florida Supreme Court reviewed a lower court's dissolution of a temporary injunction and dismissal of a bill of complaint. The appellate court affirmed the dissolution of the injunction but reversed the dismissal, finding sufficient equity in the bill to proceed.
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959 F.2d 677·
7th Cir.·
1992-04-03
·cited 8×
The court held that a suit for a declaration of an insurer's indemnity obligation is not premature under Article III, even if the insured's liability has not yet been determined, and that the fraud count failed to plead fraud with particularity under Rule 9(b).
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250 F. Supp. 2d 1335·
M.D. Fla.·
2002-08-01
·cited 6×
The court found that the plaintiffs' amended complaint did not adequately plead scienter and failed to meet the heightened pleading standards of Rule 9(b) and the PSLRA, thus granting the motion to dismiss.
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924 F.2d 472·
2d Cir.·
1991-01-28
·cited 3×
The court held that the Federal Election Campaign Act does not preempt state-law claims for corporate waste, but that the shareholder's complaint failed to plead fraud or bad faith with the particularity required by federal rules, thus requiring dismissal with leave to replead. C
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134 F. Supp. 2d 1355·
S.D. Fla.·
2001-02-12
·cited 2×
The court held that the plaintiffs failed to plead with particularity the necessary scienter for a securities fraud claim under Section 10(b) and Rule 10b-5, and that forward-looking statements were protected by the PSLRA safe harbor and the 'bespeaks caution' doctrine.
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418 So. 2d 1185·
Fla. 3d DCA·
1982-08-31
·cited 1×
Khawly was seized and imprisoned pursuant to a writ of ne exeat issued without pre-seizure notice or hearing. The Florida appellate court granted his habeas corpus petition, holding that a writ of ne exeat requires allegations both of threatened departure from jurisdiction and th
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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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S.D. Fla.·
2024-11-27
Dr. Rosemary Daly sued her medical malpractice insurance claim administrator Markel Service Incorporated for defamation per se and breach of fiduciary duty after MSI filed reports to the National Practitioners Data Bank alleging Daly's negligence in a botched regenerative therapy
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M.D. Fla.·
2024-10-01
The court held that it lacked subject matter jurisdiction because the plaintiff failed to adequately establish the citizenship of the defendant LLC, and therefore recommended dismissal without prejudice.
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M.D. Fla.·
2024-05-02
The court held that allegations made solely 'on information and belief' without sufficient supporting factual allegations do not meet the plausibility standard required for a motion to dismiss, leading to dismissal of several counts.
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S.D. Fla.·
2024-02-26
The court held that the plaintiff's allegations in the Second Amended Complaint failed to meet the pleading standards for punitive damages under Federal Rule of Civil Procedure 8(a)(2).
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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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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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S.D. Fla.·
2023-01-03
The court held that the declaratory judgment claim regarding past conduct was moot, but the claim concerning signatory status could proceed, and the gross negligence claim failed to state a cause of action.
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S.D. Fla.·
2022-07-01
The court held that the First Amended Complaint failed to state a claim for individual liability against the individual defendants because it did not allege active and knowing infringement, and therefore, these claims are dismissed with prejudice.
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S.D. Fla.·
2021-10-29
The court held that alleging a party's citizenship on information and belief is insufficient to establish diversity jurisdiction.
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M.D. Fla.·
2020-02-27
The court denied the motion to dismiss, finding the third-party complaint sufficiently pleaded claims for breach of contract, alter ego liability, and breach of the May 2012 Agreement, and that factual disputes precluded dismissal based on the settlement agreement.
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956 F.2d 963·
10th Cir.·
1992-02-11
The court held that the district court did not abuse its discretion in denying motions for a change of venue, that the fraud and breach of contract claims were supported by sufficient evidence, and that the jury instructions and punitive damages award were proper.