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S.D. Fla.·
2024-04-09
The court held that the plaintiff's claims under the Florida Drug and Cosmetic Act and FDUTPA were preempted by the Federal Food, Drug, and Cosmetic Act because they constituted an impermissible attempt to privately enforce federal law.
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Del. Ch.·
2024-04-05
The court found that the Respondent breached her fiduciary duties to the Estate by improperly expending estate funds for personal use and by retaining specific personal property belonging to the Estate. The court ordered a surcharge against the Respondent's share of the Estate an
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M.D. Fla.·
2024-03-28
Jeffrey Clay sued the Department of the Navy under the Freedom of Information Act seeking the release of documents the Navy had withheld based on the deliberative process exemption, which Clay believed would demonstrate his innocence in a criminal case. The court dismissed the ca
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Fla. 2d DCA·
2024-03-27
The trial court erred in dismissing McClamma's complaint with prejudice without allowing an opportunity to amend, and dismissal was improper even on venue grounds where transfer would have been the appropriate remedy. The statute of limitations question regarding McClamma's irreb
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Fla. 2d DCA·
2024-03-27
Kyle McClamma appealed the dismissal of his complaint challenging Florida's sex offender registration requirements as unconstitutional. The Second District Court of Appeal reversed the dismissal with prejudice, holding that the trial court erred by denying McClamma an opportunity
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S.D. Fla.·
2024-03-26
The court granted the plaintiff's motion for default final judgment, awarding statutory damages, attorney's fees, and costs for copyright infringement.
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S.D. Fla.·
2024-03-18
The court held that the defendants failed to meet their heavy burden to show that the alleged ADA violations are moot, as there is a reasonable expectation that the conduct could recur.
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M.D. Fla.·
2024-03-06
The court held that the plaintiff's allegations were sufficient to state claims under the TCPA and FTSA and that she had standing, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2024-03-06
The court granted in part and denied in part the motion to dismiss, finding the breach of contract claim must be arbitrated and stayed, while the Defend Trade Secrets Act claim was dismissed without prejudice for failing to adequately plead the interstate commerce element.
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M.D. Fla.·
2024-03-05
The court held that a fair market value damages model is legally unavailable in this case because it improperly includes the value of departing employees who were free to leave and compete, and thus granted partial summary judgment against its use and precluded expert testimony o
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M.D. Fla.·
2024-03-05
A judge and prosecutors are entitled to absolute immunity from damages for their official acts, and the Foreign Sovereign Immunities Act does not apply to individuals or provide immunity from criminal prosecution.
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M.D. Fla.·
2024-03-04
The court granted Primerica's motion for interpleader, allowing it to deposit policy benefits into the court registry and be discharged from liability, but denied its request for an injunction.
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Fla. 3d DCA·
2024-02-28
A Medicaid provider agreement is unambiguously required by Florida Statutes section 409.907(2) to be terminable by either party after reasonable notice, and a provider that does not challenge the statute's validity in the trial court cannot succeed on the merits in seeking to enj
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S.D. Fla.·
2024-02-27
The court granted plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence for trademark infringement, counterfeiting, false designation of origin, and unfair competition claims.
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M.D. Fla.·
2024-02-26
The court granted in part and denied in part the motion to dismiss, deferring ruling on the First Amendment claim and granting leave to amend for due process claims, while dismissing the equal protection claim with prejudice.
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N.D. Fla.·
2024-02-20
The Tallahassee Bail Fund challenged a Florida statute that authorizes court clerks to automatically withhold cash bail posted by third parties to satisfy defendants' unpaid legal financial obligations, arguing this violates the Eighth Amendment's prohibition on excessive bail. T
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M.D. Fla.·
2024-02-09
The court held that Frazetta Properties, LLC owns a valid copyright in the artwork, and a jury could find that the defendants' use of the artwork in their book constitutes copyright infringement, but that Holly and Heidi Frazetta do not own the copyright.
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M.D. Fla.·
2024-02-09
The Court held that the plaintiff's Second Amended Complaint was frivolous and malicious, warranting dismissal.
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Del. Ch.·
2024-01-30
The court granted the defendants' motion to dismiss, finding that the plaintiffs failed to state a claim for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory judgment. The court dismissed the claims for breach of contract and impl
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M.D. Fla.·
2024-01-24
The court denied the inmate's motion for an injunction because it was not related to the claims in the operative complaint and involved matters of prison administration. The court also ordered defense counsel to confer with the plaintiff regarding video footage.
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M.D. Fla.·
2024-01-22
The court held that the amended complaint adequately stated claims for trademark infringement and unfair competition, but dismissed claims for injunctive relief and attorney's fees as standalone causes of action.
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M.D. Fla.·
2024-01-10
The court held that the plaintiff failed to properly exhaust administrative remedies because his grievances focused on a disciplinary report rather than the excessive force claims raised in his complaint.
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M.D. Fla.·
2024-01-02
The court held that the plaintiff failed to demonstrate entitlement to injunctive relief.
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M.D. Fla.·
2024-01-02
Four death row inmates challenged the constitutionality of Florida's lethal injection protocol, arguing that the three-drug combination of etomidate, rocuronium bromide, and potassium acetate poses a substantial risk of serious pain in violation of the Eighth Amendment, and seeki
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S.D. Fla.·
2023-12-22
The court held that official capacity defendants are immune from monetary damages and the plaintiff failed to state a plausible claim for failure to protect against the remaining defendants.
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S.D. Fla.·
2023-12-21
The court held that the Governor is immune from suit based on sovereign immunity and that the plaintiffs lack standing because their alleged injuries are neither traceable to the Governor nor redressable by him.
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M.D. Fla.·
2023-12-20
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted, dismissing all counts for lack of subject-matter jurisdiction or failure to exhaust administrative remedies.
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S.D. Fla.·
2023-12-14
The court held that the plaintiffs lacked standing and their claims were not ripe because they had not demonstrated a real and immediate threat of future injury from the Florida Department of Corrections' policy regarding medication-assisted treatment.
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M.D. Fla.·
2023-12-13
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to comply with court orders, and his motions for injunctive relief and appointment of counsel were denied.
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S.D. Fla.·
2023-12-12
Ball & Chain LLC and Taquerias, restaurants in Miami's Little Havana neighborhood, sued the City of Miami under Section 1983 alleging that City Commissioner Joe Carollo orchestrated a pattern of harassment through inspections, ordinances, and code enforcement actions motivated by
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S.D. Fla.·
2023-12-11
The court granted Plaintiff's motion for entry of final default judgment against defaulting defendants for trademark infringement and unfair competition.
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M.D. Fla.·
2023-12-07
The court held that the plaintiff failed to meet the requirements for injunctive relief and did not properly initiate a civil rights action.
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M.D. Fla.·
2023-12-06
Michael J. DaCorta and his unregistered entities, Oasis International Group and Oasis Management, defrauded over 800 investors of at least $53 million through a scheme involving forex trading pools by making false promises of guaranteed returns, misappropriating funds for persona
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87 F.4th 1292·
11th Cir.·
2023-12-06
Charles Baldwin, a former manager for Express Oil Change franchises who received nearly $2 million in a sale of business assets, challenged a restrictive covenant limiting his ability to compete as unreasonable under Georgia law. The Eleventh Circuit held that the covenant's geog
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S.D. Fla.·
2023-11-30
The court held that genuine disputes of material fact preclude summary judgment on the breach of oral contract claim due to disagreements over the contract price and performance. The court also found that the unjust enrichment claim could proceed.
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M.D. Fla.·
2023-11-30
The court denied the motion for a preliminary injunction and temporary restraining order because the requests were moot and the court lacked jurisdiction to issue a writ of mandamus.
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Fla. 3d DCA·
2023-11-22
A non-party to a contract lacks standing to enforce it unless the contract expressly identifies the non-party as an intended third-party beneficiary, and the settlement agreement here explicitly disclaimed any intention to benefit third parties.
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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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S.D. Fla.·
2023-11-21
The court held that the plaintiff lacked standing for declaratory and injunctive relief and that most of his damages claims were barred by sovereign immunity, dismissing the remaining claims for failure to state a claim or exhaust administrative remedies.
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M.D. Fla.·
2023-11-15
The court held that plaintiff sufficiently pleaded an Eighth Amendment excessive force claim and state law tort claims, but dismissed the due process claim and official-capacity claims.
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M.D. Fla.·
2023-11-08
The court held that a prisoner's allegations of being ignored during a suicide attempt state a plausible claim for deliberate indifference, but a failure to report claim is insufficient without alleging a specific risk of harm.
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S.D. Fla.·
2023-11-07
Head Kandy LLC sued former officer Kayla McNeill in federal court in Florida for allegedly misappropriating company funds through fraudulent expense reimbursements, unauthorized payroll charges, and disparaging statements that harmed the business. The court granted in part and de
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M.D. Fla.·
2023-11-02
The court granted Plaintiff's motion for default judgment, finding sufficient basis for copyright infringement claims and awarding statutory damages and injunctive relief.
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M.D. Fla.·
2023-11-01
The court granted Plaintiff's motion for entry of final default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding injunctive relief and statutory damages.
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M.D. Fla.·
2023-10-30
The court held that the plaintiff's motions to alter or amend the judgment under Rule 59(e) were denied because he failed to present newly discovered evidence or manifest errors of law or fact.
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S.D. Fla.·
2023-10-27
The court granted the plaintiff's motion for default judgment because the defendant failed to plead or otherwise defend the action, and the plaintiff sufficiently stated a claim under the Americans with Disabilities Act.
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Fla. 3d DCA·
2023-10-25
A property owner cannot create an easement over property it owns in its entirety to itself, and such an attempt is void ab initio. The Declaration of Covenants executed by South Florida Hotel was invalid because South Florida Hotel was the sole owner of all parcels at the time an
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Del. Super. Ct.·
2023-10-16
The Court denied the motion to dismiss the certiorari complaint, finding the claim was not time-barred due to exceptional circumstances arising from procedural ambiguity and lack of prejudice. The Court also denied the argument that Middlecap failed to exhaust administrative reme
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M.D. Fla.·
2023-10-04
The court held that the non-solicitation clause in the operating agreement unambiguously restricts the defendant from soliciting any of the plaintiff's current or prospective clients, and that the restrictive covenants are valid under Florida law.
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M.D. Fla.·
2023-10-03
The court denied the inmate's motion for an injunction because he failed to establish a likelihood of success on the merits and improperly joined unrelated claims in his complaint.