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S.D. Fla.·
2023-01-13
The court granted the plaintiff's motion for default judgment, finding that the well-pleaded allegations supported the claims for trademark infringement, false advertising, cybersquatting, and unfair competition. The court also granted injunctive relief and ordered the transfer o
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M.D. Fla.·
2023-01-04
The court held that the plaintiff's claims should not be severed as they arise from the same transaction and judicial economy favors joinder.
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Fla. 1st DCA·
2022-12-30
A court cannot award attorney's fees to a third-party buyer in a foreclosure redemption context unless expressly authorized by statute, rule, or contract.
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Fla. 5th DCA·
2022-12-22
Judges are entitled to absolute judicial immunity for filing bar complaints related to cases before them; Florida Bar staff acting in official capacities enjoy absolute immunity as agents of the Florida Supreme Court; and claims against a probation officer were time-barred.
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S.D. Fla.·
2022-12-06
The Court held that the Plaintiffs' allegations were sufficient to state a claim for municipal liability under Section 1983, and that they had standing for injunctive and declaratory relief.
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Fla. 2d DCA·
2022-11-30
The appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction. The court found the injunction was improperly granted because the moving party failed to establish the necessary elements and the order did not comply with procedural rules regardi
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Fla. 2d DCA·
2022-11-30
The appellate court reversed a trial court's dismissal of a complaint, holding that the plaintiff should have been allowed to amend his complaint before it was dismissed. The dismissal was based on the statute of limitations, but the court found the plaintiff had a right to amend
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S.D. Fla.·
2022-11-28
A Florida consumer brought a class action against GreenSky, a financial technology company, alleging that it violated state loan broker and credit service organization laws by concealing transaction fees in consumer loans and failing to make required disclosures. The District Cou
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M.D. Fla.·
2022-11-18
The court held that the plaintiff's amended complaint fails to state a claim upon which relief can be granted and is therefore dismissed with prejudice.
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Fla. 4th DCA·
2022-11-16
The court affirmed summary judgment for Capgemini because Darbha failed to present sufficient evidence of discrimination under either direct or indirect methods, lacked evidence of retaliation, and did not establish a hostile work environment claim.
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Fla. 2d DCA·
2022-11-16
The appellate court affirmed a lower court's order compelling arbitration, finding that the arbitration agreement's prohibition on representative actions did not violate public policy or the remedial purpose of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA). The cour
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Fla. 4th DCA·
2022-11-16
The appellate court reversed a trial court's dismissal of a condominium association's suit against a unit owner. The court found that the unit owner waived the defense of defective service by seeking affirmative relief and that the association had not failed to meet statutory con
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M.D. Fla.·
2022-11-15
The court denied the plaintiff's motions for clerk's default, permanent injunction, and summary judgment, and granted the plaintiff's motion to remove the demand for jury trial and monetary damages. The court granted in part and denied in part the defendant's motion to dismiss, d
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S.D. Fla.·
2022-11-07
The court granted in part the motion to dismiss, dismissing the complaint without prejudice as a shotgun pleading, granted the motion to amend, and denied the petition for injunctive relief.
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S.D. Fla.·
2022-11-07
The court recommended granting Plaintiff's motion for default judgment, permanently enjoining defendants' unlawful trademark use, awarding statutory damages, and awarding attorneys' fees and costs.
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M.D. Fla.·
2022-11-04
The Court affirms the Bankruptcy Court's dismissal of Count I but reverses as to Counts II-V, remanding those counts to state court for lack of subject matter jurisdiction.
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M.D. Fla.·
2022-11-01
The court held that the inmate's filing was insufficient for injunctive relief and did not properly initiate a civil rights action.
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N.D. Fla.·
2022-10-28
The court held that the plaintiff's claims for injunctive and declaratory relief were barred by judicial immunity and the Eleventh Amendment, as the requested relief was retrospective and an adequate remedy at law existed.
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S.D. Fla.·
2022-10-25
The Federal Trade Commission sued American Vehicle Protection Corp. for deceptively marketing and selling extended automobile warranties through telemarketers who misrepresented affiliations with car dealerships and made false promises about coverage and refund policies. The cour
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Fla. 2d DCA·
2022-10-21
A commercial tenant (SHI) sued its condominium association (Association) for placing a dumpster structure that eliminated six parking spots in a common area. The appellate court held that the Association violated its own governing documents by obstructing the parking facilities a
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11th Cir.·
2022-10-05
The court held that the plaintiffs failed to show that Georgia's print date for paper backup voter lists imposed a severe burden on the right to vote, and thus the State's administrative concerns justified the current policy. The court dismissed the appeal regarding scanner setti
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S.D. Fla.·
2022-09-24
The court granted in part and denied in part Plaintiff's motion for default judgment, awarding injunctive relief and reduced attorney's fees and costs.
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M.D. Fla.·
2022-09-22
A Chapter 11 debtor (HAS) filed an adversary proceeding in bankruptcy court against a bar tenant (Dubliner) seeking possession of an outdoor deck area, relying in part on state court findings from an earlier dispute between the same parties over whether the deck belonged to Dubli
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S.D. Fla.·
2022-09-20
The court held that the rental agreement's terms and conditions were not incorporated by reference into the rental contracts, and plaintiffs did not suffer actual damages or have standing for injunctive relief.
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M.D. Fla.·
2022-09-20
The court held that the plaintiff failed to state a plausible claim for violations of the anti-tampering ordinance, and claims previously dismissed with prejudice remain dismissed.
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M.D. Fla.·
2022-09-09
The court held that plaintiff is not a prevailing party for purposes of attorney's fees under 42 U.S.C. § 1988 because the relief obtained was provisional and has not resulted in an enduring change in the legal relationship between the parties, as the case has not been definitive
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S.D. Fla.·
2022-08-23
The court held that the Town's antitrust claim was ripe for adjudication and that the City's alleged anticompetitive conduct under the 1989 agreement was not shielded by state action immunity.
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M.D. Fla.·
2022-08-19
Dr. Noris Babb, a clinical pharmacist at the VA Medical Center, sued for retaliation and discrimination based on her age and gender after she lost her Advanced Scope position, was denied a transfer, and faced other adverse employment actions following her protected activity in su
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Fla. 1st DCA·
2022-08-19
The appellate court reversed a lower court's decision that disqualified a congressional candidate based on improperly verified paperwork. The court held that private citizens and parties lack a private right of action to challenge the verification of candidate paperwork, as this
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M.D. Fla.·
2022-08-17
The court held that the motion for class certification is denied without prejudice because the plaintiffs have not yet demonstrated that common questions of law or fact predominate over individual ones, particularly regarding causation and the extent of interference.
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M.D. Fla.·
2022-08-15
The court held that the plaintiff's state-law claims are preempted by federal law, and the federal Magnuson Moss Warranty Act claim fails because it depends on the state claims and lacks sufficient amount in controversy.
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M.D. Fla.·
2022-08-12
The court held that the plaintiff's second amended complaint failed to state a claim and was a shotgun pleading, warranting dismissal with prejudice.
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S.D. Fla.·
2022-08-11
The court granted in part and denied in part defendants' motion in limine, excluding most of plaintiff's actual damages claims for failure to comply with discovery rules but allowing claims for reputational harm and exemplary damages.
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M.D. Fla.·
2022-08-10
The SEC brought securities fraud charges against Spartan Securities Group and related defendants for making materially false statements in connection with penny stock offerings, and a jury found the defendants liable on one of fourteen counts for violations of Section 10(b) and R
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Fla. 4th DCA·
2022-08-10
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M.D. Fla.·
2022-08-09
A ten-year-old boy with non-communicative autism filed a civil rights lawsuit after being handcuffed and transported to a psychiatric facility by a school resource officer in 2018, claiming violations of the Fourth Amendment, Fourteenth Amendment, and the Americans with Disabilit
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M.D. Fla.·
2022-08-08
The court found the plaintiff's complaint to be a shotgun pleading, making it impossible to conduct a standing analysis or address the merits of the claims.
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Fla. 2d DCA·
2022-08-03
The appellate court affirmed a summary judgment for defendants in a case where a plaintiff claimed ownership of trees planted on land sold to a third party. The court found the agreement regarding the trees did not meet the statute of frauds. However, the court reversed the dismi
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M.D. Fla.·
2022-08-01
The court held that a prisoner's claims for monetary damages are barred by the Eleventh Amendment, and claims for injunctive and declaratory relief are moot due to the prisoner's transfer to a different facility.
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S.D. Fla.·
2022-07-21
The court held that the plaintiff failed to sufficiently allege a claim under Title III of the Americans with Disabilities Act (ADA) because the complaint focused on negligent actions rather than a barrier to access or discrimination based on disability. Consequently, the plainti
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Fla. 1st DCA·
2022-07-21
The appellate court reviewed a trial court's denial of a motion to vacate an automatic stay of a temporary injunction. The court held that the appellees (abortion clinics and a doctor) lacked standing to seek a temporary injunction because they could not demonstrate irreparable h
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M.D. Fla.·
2022-07-20
The court held that the plaintiff failed to allege facts sufficient to state a plausible claim for denial of access to courts or violation of privacy, and thus failed to demonstrate a likelihood of success on the merits for injunctive relief.
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S.D. Fla.·
2022-07-18
The court held that removal under the New York Convention was proper and that transfer to the Southern District of New York was warranted for the convenience of parties and witnesses.
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Fla. 4th DCA·
2022-07-13
The appellate court reversed a trial court's dismissal of a case, finding that plaintiffs had standing to challenge development agreements approved by the City of Dania Beach. The court held that plaintiffs were not required to show special damages to challenge the procedures use
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S.D. Fla.·
2022-07-12
The court held that the plaintiff's reply declaration and deposition errata were not improper reply evidence and were not shams that contradicted prior testimony without explanation.
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S.D. Fla.·
2022-07-11
The court held that declarations from a party's attorney, containing inferences and arguments rather than mere summaries of voluminous documents, are inadmissible under Federal Rule of Evidence 1006 and should be stricken.
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Fla. 2d DCA·
2022-07-08
The appellate court reversed a trial court's grant of summary judgment, holding that the Oaks Club Corporation could not amend its bylaws to require new club memberships for additional property purchases. The court found that such a change, which altered a requirement originally
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M.D. Fla.·
2022-07-07
The court denied the plaintiff's ex parte motion for a temporary restraining order because the plaintiff failed to demonstrate irreparable harm necessary for such extraordinary relief without notice.
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M.D. Fla.·
2022-06-30
An inmate incarcerated in Florida sought damages against a prison physician under the Eighth Amendment for deliberate indifference to serious medical needs, claiming the physician failed to reissue specialist-prescribed medical passes following shoulder surgery, refused to pursue
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M.D. Fla.·
2022-06-30
The court held that Count II of the Second Amended Complaint, seeking declaratory judgment, stated a claim upon which relief could be granted, but that it should rely on the Federal Declaratory Judgment Act and strike any claims for consequential damages.