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Del. Ch.·
2022-06-29
The Court held that the City of Seaford's ordinance mandating cremation or interment of all fetal remains was preempted by state law and therefore invalid. Delaware law establishes a specific scheme for the disposal of human remains, requiring an official record of death for crem
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M.D. Fla.·
2022-06-24
The court held that a federal court lacks jurisdiction to enforce an injunction issued by another court through a new action, and that declaratory judgment is not an appropriate substitute for established procedures to test injunctions.
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S.D. Fla.·
2022-06-24
The court held that the wife lacked standing, the husband's claims were barred by Rooker-Feldman and the statute of limitations, and the official-capacity claim failed Monell requirements.
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S.D. Fla.·
2022-06-15
The court held that the late filing of the Francis Declaration was due to excusable neglect and that the declaration was admissible for its ministerial purpose of identifying exhibits.
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Fla. 1st DCA·
2022-06-08
A trial court abuses its discretion by implicitly denying a motion for leave to amend and dismissing with prejudice without addressing whether amendment would prejudice the opposing party or be futile. The case was remanded to permit the appellant to file a second amended complai
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S.D. Fla.·
2022-06-03
The court overruled defendants' objections to the magistrate judge's order, finding the discovery requests and temporal scope to be timely and appropriate.
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S.D. Fla.·
2022-05-31
The court held that affirmative defenses concerning the consideration of pre-suit notice for attorney fees and the potential mootness of claims due to remediation are sufficiently pleaded to survive a motion to strike.
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S.D. Fla.·
2022-05-27
The court held that defendants were not entitled to judgment on the pleadings or to partially deny class certification because they failed to establish through the pleadings that all loans after October 26, 2016, contained arbitration provisions.
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Fla. 3d DCA·
2022-05-25
Unit owners challenged a special assessment levied by Star Lakes Association to fund reconstruction of Building 12 after a fire, arguing the assessment was invalid because it should have been limited to Building 12 residents or required a community-wide vote. The trial court init
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861 F. Supp. 1041·
N.D. Fla.·
2022-05-10
The court held that the plaintiff's withdrawal of his bar application did not moot the Younger abstention doctrine and that defendants were entitled to quasi-judicial immunity for damages claims.
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N.D. Fla.·
2022-05-04
The court held that the Florida E-Filing Authority is an arm of the state and thus immune from suit, but its chair, Rushing, is a proper defendant for injunctive relief. The court also held that Clerk Forman is not a judicial officer for purposes of the FCIA and that docketing co
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M.D. Fla.·
2022-05-03
The court held that the inmate's request for injunctive relief was denied due to failure to meet the prerequisites, including irreparable harm and procedural compliance.
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M.D. Fla.·
2022-05-02
The court held that compelling appraisal is not injunctive relief and is appropriate even for claims where coverage was denied, and that a stay of proceedings is warranted pending the appraisal process.
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M.D. Fla.·
2022-04-28
The court granted final approval of the class action settlement, finding it fair, adequate, and reasonable, and approved the award of attorneys' fees and costs.
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S.D. Fla.·
2022-04-27
The court held that the amended complaint fails to state a claim upon which relief can be granted against all defendants and is dismissed with prejudice.
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S.D. Fla.·
2022-04-25
Genuine issues of material fact preclude summary judgment on claims of unlawful termination and unfair performance standards, but summary judgment is granted for the defendant on claims voluntarily dismissed or lacking sufficient evidence of damages.
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S.D. Fla.·
2022-04-15
The court granted Plaintiffs' motion for entry of final default judgment against Defendants for trademark counterfeiting and infringement.
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Fla. 5th DCA·
2022-04-14
An RFP is not a binding contract but an invitation to negotiate; selection of a winning proposer does not transform the RFP into an enforceable contract when the parties have not executed a final agreement containing all essential terms. Without a valid contract, a proposer has n
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Fla. 5th DCA·
2022-04-13
The City of Cocoa appeals a trial court's temporary injunction requiring it to continue negotiating with The Villas of Cocoa Village, LLC on a real estate development project. The appellate court reversed, holding that the request for proposal (RFP) was not a binding contract but
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Fla. 4th DCA·
2022-04-13
The School Board of Palm Beach County appealed a jury verdict finding they demoted Gary Groover in retaliation for whistleblowing. Groover also appealed the denial of equitable relief, specifically reinstatement or front pay. The appellate court affirmed the jury's verdict but re
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M.D. Fla.·
2022-04-12
The court granted in part and denied in part the defendant's motion to dismiss, dismissing Count VI with prejudice but denying dismissal for other grounds raised.
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N.D. Fla.·
2022-04-11
The court held that the plaintiff cannot obtain compensatory damages or injunctive/declaratory relief under the Rehabilitation Act because the federal government is immune from damages and the claims are moot.
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Fla. 5th DCA·
2022-04-08
A trial court violates a defendant's procedural due process rights by awarding relief that was not requested in the complaint, not noticed for hearing, and not argued by the parties. The injunction against the rope lights was affirmed, but the provision that it run with the land
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Fla. 2d DCA·
2022-04-08
The appellate court reviewed a nonfinal order granting a temporary injunction. While the trial court had a basis for the injunction, it erred by failing to require the movant to post a bond as mandated by Florida Rule of Civil Procedure 1.610(b).
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Fla. 5th DCA·
2022-04-07
This case involves a dispute over rope lights on a dock. The appellate court reversed a portion of the trial court's judgment, finding that ordering the injunction to "run with the land" violated the property owners' due process rights because it was not requested in the initial
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S.D. Fla.·
2022-04-05
The court granted the plaintiff's motion for entry of final default judgment against the defendants for trademark counterfeiting and infringement, false designation of origin, cybersquatting, and common-law unfair competition and trademark infringement. The court found that the d
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S.D. Fla.·
2022-04-05
The court denied the defendants' motion to quash subpoenas, finding their arguments meritless and ordering them to show cause why sanctions should not be imposed.
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M.D. Fla.·
2022-03-30
The court held that the plaintiff's excessive force claim against Lieutenant Blackmon is cognizable under Bivens and does not present a new context or special factors counseling hesitation, and that Officers Wise and Davis are entitled to qualified immunity.
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S.D. Fla.·
2022-03-28
The court adopted the magistrate judge's recommendation, granting summary judgment for BMW NA on most counts but denying it on others, and granting Braman's motion on BMW NA's counterclaim.
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S.D. Fla.·
2022-03-28
Louis Vuitton Malletier obtained a default judgment against 428 defendants who operated internet-based e-commerce stores and photo albums selling counterfeit goods bearing Louis Vuitton's federally registered trademarks without authorization. The court found the defendants liable
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S.D. Fla.·
2022-03-25
The court held that the dispute over Spirit Airlines' plan to open a second control center constitutes a 'minor dispute' under the Railway Labor Act, over which federal courts lack subject-matter jurisdiction.
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M.D. Fla.·
2022-03-24
The court denied the defendant's emergency request for a temporary restraining order and remanded the case to state court.
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M.D. Fla.·
2022-03-23
The court held that a claim for breach of a non-solicitation agreement requires specific factual allegations of solicitation, and claims based solely on competition are insufficient if the agreement does not prohibit competition. Tortious interference claims require allegations o
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S.D. Fla.·
2022-03-22
Swiss luxury watch manufacturers Omega SA, Blancpain SA, Longines, and seven other brands sued unnamed defendants operating counterfeit e-commerce websites selling fake versions of their trademarked watches. The court entered default judgment against all defendants after they fai
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S.D. Fla.·
2022-03-22
The court granted Plaintiff's motion for default judgment, awarding statutory damages and injunctive relief against Defendants for trademark counterfeiting and cybersquatting.
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M.D. Fla.·
2022-03-21
The Court denies Plaintiff's motion for summary judgment because it was filed before class certification, and the record lacks sufficient evidence for the requested relief.
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S.D. Fla.·
2022-03-18
The court granted defendants' motion to stay the patent infringement lawsuit pending the Patent Trial and Appeal Board's (PTAB) resolution of Post Grant Review petitions for two of the three patents at issue.
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Fla. 3d DCA·
2022-03-16
The City of Aventura and Archimedean Academy appeal a summary judgment in favor of the School Board of Miami-Dade County regarding whether charter schools must receive proportional shares of funds generated by a 2018 voter-approved referendum for school operational purposes. The
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Fla. 3d DCA·
2022-03-16
This case concerns whether charter schools are entitled to a proportional share of funds generated by a voter-approved referendum for school operational purposes. The appellate court reversed the lower court's decision, holding that charter schools must receive these funds based
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S.D. Fla.·
2022-03-15
The court held that plaintiffs sufficiently alleged Article III standing, denying the motion to dismiss for lack of subject matter jurisdiction, but granted the motion to dismiss for failure to state a claim regarding negligence due to shotgun pleading.
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M.D. Fla.·
2022-03-10
The court held that compelling appraisal is not injunctive relief and is appropriate even when coverage is disputed for some buildings, and that a stay of proceedings is warranted pending the appraisal process.
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M.D. Fla.·
2022-03-10
The court held that compelling appraisal is not injunctive relief and is appropriate even when coverage is disputed, adopting the magistrate judge's recommendation to compel appraisal and stay proceedings.
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M.D. Fla.·
2022-03-10
The court held that a motion to compel appraisal is not a motion for summary judgment or injunctive relief, and that appraisal is appropriate even when coverage is disputed for some buildings.
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S.D. Fla.·
2022-03-08
The court granted the plaintiff's motion for default judgment, awarding statutory damages, injunctive relief, and attorney's fees against defaulting defendants for trademark counterfeiting and infringement.
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Fla. 3d DCA·
2022-03-02
The City of Miami Beach appealed a preliminary injunction granted in favor of the Clevelander Ocean, L.P., restraining enforcement of two ordinances: one rolling back alcohol sales hours and another repealing a decades-old noise exemption. The trial court found the Alcohol Sales
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Del. Ch.·
2022-02-28
The Court of Chancery granted the District's motion to dismiss for lack of subject matter jurisdiction, finding that the Owner's claims for declaratory judgment and injunctive relief did not establish equitable jurisdiction. The court determined that issues of statutory interpret
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Fla. 3d DCA·
2022-02-16
The appellate court reversed in part and affirmed in part the trial court's dismissal of a complaint. The court found that the trial court erred in dismissing the complaint with prejudice at this early stage, despite the potential failure to join an indispensable party.
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Fla. 3d DCA·
2022-02-16
The appellate court reversed in part and affirmed in part the trial court's dismissal of a complaint. The court held that the trial court erred in dismissing the complaint with prejudice at this early stage, requiring it to accept all well-pled allegations as true.
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M.D. Fla.·
2022-02-16
The plaintiff lacks standing to seek injunctive relief under Title III of the ADA because he failed to sufficiently allege a real and immediate threat of future injury.
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Fla. 5th DCA·
2022-02-11
This case concerns the interpretation of Florida's Condominium Act regarding developer control of homeowners' associations after control has been transferred to unit owners. The appellate court affirmed the trial court's decision, allowing a developer to maintain voting rights th