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M.D. Fla.·
2021-09-15
The court held that the inmate's motion for injunctive relief was denied because he failed to demonstrate a substantial likelihood of success on the merits or actual and imminent irreparable harm, and the court generally defers to prison administration.
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Fla. 1st DCA·
2021-09-15
This case concerns the scope of a trial court's review when a party challenges a development order's consistency with a local comprehensive plan. The appellate court held that trial courts must consider all claims of inconsistency, not just those related to land use, density, or
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M.D. Fla.·
2021-09-14
The court held that the plaintiff sufficiently stated claims for whistleblower retaliation under the False Claims Act and Florida's Private Whistleblower Act, and therefore denied the defendant's motion to dismiss.
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M.D. Fla.·
2021-09-13
The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead a pattern of predicate acts causing injury, nor did he sufficiently plead specific predicate acts under federal or state law.
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M.D. Fla.·
2021-09-10
The court held that Count II, alleging a hostile work environment, must be dismissed because it improperly combined claims under Title VII and the Rehabilitation Act, and failed to state a claim for disability discrimination due to a hostile work environment.
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Fla. 1st DCA·
2021-09-09
A nonprofit organization lacks standing to challenge a utility's net metering policy when it relies on speculative and conclusory allegations of economic harm rather than clear and ascertainable facts establishing a concrete injury caused by the policy.
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M.D. Fla.·
2021-09-08
The court held that the plaintiff's amended complaint failed to state a claim for relief under RICO and constitutional law because it lacked sufficient factual allegations for predicate acts and municipal liability.
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Del. Ch.·
2021-09-07
The Court of Chancery denied the plaintiff's request for expedited injunctive relief, finding that such relief was unworkable and would require excessive court supervision. Despite assuming a breach of contract and irreparable harm, the court concluded that ordering the defendant
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Fla. 5th DCA·
2021-09-02
Lillian Curvey appeals the denial of her motion to dissolve a temporary injunction prohibiting her from making allegedly false and defamatory statements about Avante Group, Inc. The court holds that the injunction constitutes an unconstitutional prior restraint on speech and reve
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S.D. Fla.·
2021-09-02
The court denied the motion to dismiss because the Eleventh Circuit's precedent in Gil v. Winn-Dixie is not yet binding, and the facts alleged in the complaint distinguish this case from Gil.
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11th Cir.·
2021-08-30
The use of a government filter team to review seized materials claimed to be privileged does not per se violate privilege holders' rights, and the district court's modified protocol was affirmed.
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M.D. Fla.·
2021-08-24
The court held that sovereign immunity bars claims seeking injunctive relief against the Department of Education and that Plaintiff failed to state a valid claim under the APA for modification of the OCR Case Processing Manual or for inadequate investigation.
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Fla. 1st DCA·
2021-08-24
The appellate court affirmed a lower court's order compelling arbitration for JEA's claims against its former CEO, Aaron Zahn. The court found that JEA's tort claims, alleging fraud and breach of fiduciary duty, related to the employment agreement and were therefore subject to th
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M.D. Fla.·
2021-08-21
The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead predicate acts of racketeering activity or a pattern of such activity.
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M.D. Fla.·
2021-08-19
The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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Fla. 2d DCA·
2021-08-18
The appellate court reversed a trial court's judgment that a "consent and joinder" signed by the Schmidts constituted a personal guarantee of a contract. The court found the claims were barred by res judicata and the statute of limitations, and that the document itself did not cl
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S.D. Fla.·
2021-08-17
The court held that a temporary restraining order cannot be issued without a properly filed complaint, and the plaintiffs' motion failed to comply with local rules for emergency motions.
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M.D. Fla.·
2021-08-16
The court held that it lacked subject-matter jurisdiction over the plaintiff's constitutional claims due to the Rooker-Feldman doctrine and that the ADA claim failed for insufficient pleading and being time-barred.
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M.D. Fla.·
2021-08-13
The court conditionally certified the ADEA claim as a collective action but denied class certification for the state law claims.
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S.D. Fla.·
2021-08-11
The court denied the plaintiff's motion for a hearing because it failed to comply with local rules regarding the necessity of a hearing and the requirement to confer with opposing parties.
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M.D. Fla.·
2021-08-11
The court held that the plaintiff inmate failed to demonstrate a constitutionally protected liberty or property interest that would trigger due process protections, and therefore, the defendants were entitled to summary judgment.
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Fla. 1st DCA·
2021-07-28
The appellate court affirmed a trial court's order granting a temporary injunction against the collection of school impact fees. The court found that the appellees demonstrated a substantial likelihood of success on the merits and a likelihood of irreparable harm, which are neces
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Fla. 3d DCA·
2021-07-28
Property owners appealed the trial court's denial of a temporary injunction to halt Miami-Dade County's processing of a City of Miami Gardens annexation application. The appellants argued the annexation application was defective due to alleged violations of notice and financial i
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S.D. Fla.·
2021-07-23
The court held that it was premature to deny a motion to amend a complaint based on futility due to choice of law issues, as further briefing and factual development were needed.
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S.D. Fla.·
2021-07-22
The court granted Plaintiff's motion for default judgment, finding sufficient basis in the pleadings and evidence for liability on trademark counterfeiting, infringement, false designation of origin, common law unfair competition, and copyright infringement claims.
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S.D. Fla.·
2021-07-21
The court held that the plaintiff failed to plausibly allege the existence of a RICO enterprise and failed to plead fraud claims with the particularity required by Rule 9(b), warranting dismissal with prejudice.
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M.D. Fla.·
2021-07-16
The court held that the Sheriff's motion to dismiss was granted in part and denied in part, allowing claims for ADA and Rehabilitation Act violations to proceed but dismissing the request for a declaration that Wanda Boudreau did not violate state law.
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Del. Ch.·
2021-07-15
The Court of Chancery denied the defendants' motion to dismiss claims for breach of fiduciary duty and unjust enrichment, finding that derivative plaintiffs owe fiduciary duties to the corporation and its stockholders and can be held liable for improper withholding of derivative
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M.D. Fla.·
2021-07-13
The court held that the City's denial of the cell tower application was supported by substantial evidence, as aesthetics and compatibility with surrounding land uses are permissible grounds for denial under federal law.
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Del. Ch.·
2021-07-12
The Court of Chancery denied the Cadira Parties' motion to dismiss KGH's complaint and KGH's motion to dismiss Cadira's complaint. The court found that KGH sufficiently pleaded fraud with particularity, that Gertz breached the operating agreement, and that KGH's claims for breach
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S.D. Fla.·
2021-07-09
The Court held that all claims, including those seeking injunctive relief, are subject to binding arbitration as per the parties' agreement, and therefore, the case is stayed pending arbitration.
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Del. Ch.·
2021-07-08
The Court of Chancery dismissed the case for lack of subject matter jurisdiction, finding that the plaintiff had adequate remedies at law. The court determined that the requested injunctions were either unavailable because they sought to compel compliance with the law or were ade
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S.D. Fla.·
2021-07-07
Black residents and homeowner associations in Miami Gardens challenged Miami-Dade County's approval of a Formula One racing event at Hard Rock Stadium, alleging equal protection violations, conspiracy, and noise ordinance violations based on claims that the county allowed the eve
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its pipeline project and granted a preliminary injunction for immediate possession upon FGT's deposit of security.
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M.D. Fla.·
2021-07-01
An inmate incarcerated in Florida filed a civil rights action alleging that medical personnel at two correctional facilities violated his Eighth Amendment rights and discriminated against him under the ADA and Fourteenth Amendment by failing to provide adequate post-surgical care
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Fla. 3d DCA·
2021-06-30
Daniel Tormo appeals a non-final order granting injunctive relief against Wilfredo Rosa, arguing the order lacks requisite factual findings and fails to require posting of a bond. The Third District Court of Appeal finds the trial court abused its discretion in both respects and
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M.D. Fla.·
2021-06-29
The court held that the defendant's motion to dismiss should be denied because the plaintiff's complaint alleged sufficient factual detail to state a plausible claim for relief, and the relationship-forming documents did not refute the claims at the pleading stage.
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M.D. Fla.·
2021-06-28
The court held that the School Board's motion to dismiss the breach of contract claim is denied, and Aetna's motion to dismiss is granted in part (declaratory and injunctive relief claims dismissed for lack of standing) and denied in part (tortious interference claim and class al
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Del. Ch.·
2021-06-23
The Court of Chancery has subject matter jurisdiction over the homeowner's claim for continuing trespass and nuisance, as the homeowner has presented a genuine claim for equitable relief. Furthermore, the court should exercise ancillary jurisdiction over the legal claims, includi
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Fla. 3d DCA·
2021-06-16
A trial court did not abuse its discretion in enjoining a landlord from interrupting a tenant's electric utility service, as such conduct violates Florida Statute § 83.67 and constitutes irreparable harm warranting injunctive relief.
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S.D. Fla.·
2021-06-15
The court granted plaintiff's motion for default judgment, finding sufficient basis for liability and awarding statutory damages and injunctive relief.
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Fla. 2d DCA·
2021-06-11
The appellate court affirmed a lower court's summary judgment for Sarasota County, finding that while the county may not have strictly complied with notice publication deadlines for vacating a road, the appellant failed to allege prejudice. The court emphasized that substantial c
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S.D. Fla.·
2021-06-07
The court granted the plaintiffs' motion to withdraw their jury demand and strike the defendants' jury demand because the remaining claims sought equitable remedies for which there is no federal right to a jury trial.
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M.D. Fla.·
2021-06-07
The court held that the plaintiff's allegations, if true, may state a plausible claim for a due process violation regarding visitation restrictions, and that defendants are not entitled to qualified immunity at this stage. The court also declined to dismiss claims for injunctive
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S.D. Fla.·
2021-06-04
The court held that the Nominee Agreement is not void as a matter of law and that the plaintiff has plausibly alleged claims for declaratory judgment, fraudulent inducement, and unjust enrichment.
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M.D. Fla.·
2021-06-03
The court held that the amended complaint was a shotgun pleading and failed to state claims under the Eighth Amendment or ADA, and that claims for injunctive and declaratory relief were moot.
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Fla. 4th DCA·
2021-06-02
A state trial court has subject matter jurisdiction over state law claims arising from a patent licensing dispute when the patent issues necessarily raised by those claims are not substantial in the relevant sense under the Gunn v. Minton four-part test, even though patent law is
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S.D. Fla.·
2021-05-28
The Court granted Plaintiff's motion for entry of final default judgment against Defendants.
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M.D. Fla.·
2021-05-28
A school district in Florida terminated its produce supplier's contract three days after the supplier's owner posted Facebook comments criticizing the Black Lives Matter movement and calling COVID-19 a "hoax," and the owner sued for First Amendment retaliation, breach of contract
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S.D. Fla.·
2021-05-20
Cruise line crew members settled their claims for unpaid wages and severance arising from pandemic-related operations shutdowns for $875,000 in monetary relief plus prospective policy changes, which the court approved as fair and reasonable. The court found the settlement achieve