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S.D. Fla.·
2021-05-20
Plaintiff Aaron Fruitstone sued Spartan Race, Inc. alleging that the company's $14 "Racer Insurance Fee" was deceptive because it was not used solely for insurance but instead covered administrative expenses and served as a hidden profit center, in violation of consumer protectio
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321 So. 3d 888·
Fla. 3d DCA·
2021-05-19
The park owner's right to impose restrictions on easement holders' use is not categorically prohibited by the plat's "exclusive use" language; rather, the trial court must determine whether specific restrictions unreasonably interfere with the easement rights. A corporate opportu
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the cases "arise under" federal patent law and thus fall under the exclusive jurisdiction of federal
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the lawsuits necessarily involved patent law issues that fall under the exclusive jurisdiction of fed
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the lawsuits necessarily involved patent law issues, which fall under the exclusive jurisdiction of f
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its state court lawsuits against hotel franchisees. The appellate court affirmed the dismissal, holding that the lawsuits necessarily involved patent law issues, which fall under the exclusive jurisdiction of federal courts. The co
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the lawsuits necessarily involved patent law issues that fall under the exclusive jurisdiction of fed
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the lawsuits necessarily involved exclusive federal patent law issues, thus divesting state courts of
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the lawsuits necessarily involved exclusive federal patent law issues, thus divesting state courts of
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees, which were filed in state court. The appellate court affirmed the dismissal, holding that the cases "arise under" federal patent law and thus fall under the exclusive jurisdiction of federal
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46 Fla. L. Weekly D489·
Fla. 1st DCA·
2021-05-19
Point Conversions, LLC appealed the dismissal of its lawsuits against hotel franchisees. The appellate court affirmed the dismissal, holding that the state court lacked subject matter jurisdiction because the claims necessarily involved resolving complex patent law issues exclusi
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M.D. Fla.·
2021-05-18
The court held that Florida failed to establish standing to seek a preliminary injunction against federal immigration enforcement policies, as its claimed injuries were speculative and not concrete.
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S.D. Fla.·
2021-05-14
The court held that genuine issues of material fact exist regarding trade secret misappropriation claims under the DTSA and FUTSA, precluding summary judgment for most defendants. However, summary judgment was granted for Veliz on these claims due to lack of evidence of his indiv
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S.D. Fla.·
2021-05-13
The court held that a motion to stay discovery pending resolution of a motion to dismiss is generally disfavored and requires a strong showing of good cause, which was not met in this case.
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M.D. Fla.·
2021-05-11
The court held that the Federal Aviation Administration Authorization Act (FAAAA) does not completely preempt state law claims, and therefore, a federal defense based on FAAAA preemption does not establish federal question jurisdiction for removal.
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N.D. Fla.·
2021-05-10
The court held that while some claims may be dismissed for failure to exhaust administrative remedies, the plaintiff should be given an opportunity to amend his complaint to clarify claims that were fully exhausted.
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M.D. Fla.·
2021-05-06
The court held that plaintiffs adequately pleaded actual and statutory damages under RESPA, but dismissed their claim for declaratory and injunctive relief as RESPA does not provide for such remedies.
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S.D. Fla.·
2021-05-06
The court granted plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence to establish defendants' liability for trademark counterfeiting and infringement.
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M.D. Fla.·
2021-04-20
The court held that the plaintiff has standing to sue for prospective relief under the Rehabilitation Act and states a claim for past violations, but the issue of sovereign immunity due to federal funding requires further development.
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Fla. 2d DCA·
2021-04-14
The appellate court affirmed the trial court's dismissal of a lawsuit seeking to enjoin a beach restoration project. The court held that the environmental protection act did not allow for an action when the entity was operating under a valid permit, even if other permits might be
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Fla. 1st DCA·
2021-04-06
The Florida Supreme Court ruled that law enforcement officers who are threatened with deadly force by crime suspects are considered crime victims under Article I, Section 16 of the Florida Constitution. This grants them the right to keep their identities confidential from public
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Del. Ch.·
2021-03-30
The Court stayed the Delaware action pending resolution of the overlapping New York action, finding that the two complaints violated the rule against claim splitting. The Court reasoned that both actions arose from a common nucleus of operative facts and a connected series of tra
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M.D. Fla.·
2021-03-30
The court held that a pro se plaintiff's repeated failure to comply with court orders and prosecute his case, despite multiple extensions and warnings, warranted dismissal without prejudice under Rule 41(b) and the court's inherent power.
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N.D. Fla.·
2021-03-30
The court held that the plaintiff failed to state a federal claim under the ADA and FHA, and also failed to sufficiently allege diversity jurisdiction for state law claims.
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S.D. Fla.·
2021-03-26
The court granted Plaintiff's motion for default judgment, awarding statutory damages and injunctive relief against defendants for trademark infringement and unfair competition.
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M.D. Fla.·
2021-03-25
The court adopted the magistrate judge's report and recommendation, entering default judgment for compensatory damages on some counts and dismissing others.
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Fla. 3d DCA·
2021-03-24
This case involves an appeal by Family Heritage Life Insurance Company and two former employees of Combined Insurance Company against a temporary injunction. The appellate court affirmed the injunction, finding that the trial court properly applied the legal standards for issuing
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M.D. Fla.·
2021-03-19
The court denied the plaintiff's motion for injunctive relief and dismissed the case without prejudice.
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M.D. Fla.·
2021-03-17
The court granted the plaintiff's motion to dismiss her claim without prejudice because the defendant would not suffer legal prejudice and the motion was unopposed.
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S.D. Fla.·
2021-03-16
The court held that the plaintiff's complaint seeking injunctive relief was barred by collateral estoppel because the issues were already litigated and decided in a prior arbitration proceeding confirmed by the court.
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S.D. Fla.·
2021-03-15
The District Court granted the defendant's motion to strike or dismiss the plaintiff's requests for injunctive and declaratory relief. The court held that expungement of arrest records is not cognizable through a Section 1983 action against an individual officer, as Florida law l
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Fla. 1st DCA·
2021-03-11
The appellate court affirmed the trial court's dismissal of a lawsuit filed by Florida Carry, Inc. against Florida State University. The court held that Florida Carry failed to exhaust its administrative remedies before suing, as required by statute.
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M.D. Fla.·
2021-03-04
The court held that the plaintiff's claims against the Secretary of Defense were dismissed due to sovereign immunity and the judicial review bar for security clearance decisions, and that the plaintiff's claims against Perspecta were subject to arbitration under a prior agreement
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Fla. 4th DCA·
2021-03-03
State law claims arising from a patent licensing dispute do not arise under federal patent law for purposes of 28 U.S.C. § 1338(a) exclusive jurisdiction when the patent issues involved, though necessarily raised, are not substantial and do not satisfy all four factors of the Gra
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M.D. Fla.·
2021-03-01
The court held that the plaintiffs failed to meet the requirements for class certification under Federal Rule of Civil Procedure 23, specifically regarding commonality, typicality, predominance, and superiority.
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M.D. Fla.·
2021-02-26
The court denied the defendant's motion to dismiss, finding that the plaintiff's claims were not barred by the litigation privilege and that the defendant failed to establish that a former landlord was an indispensable party whose absence warranted dismissal.
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Fla. 2d DCA·
2021-02-26
The appellate court affirmed a lower court's summary judgment in favor of the Hawthornes, holding that Florida law grants riparian owners a common law right to construct a dock out to navigable waters, even over privately owned submerged land, without the landowner's consent. Thi
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S.D. Fla.·
2021-02-22
The court held that the petitioner failed to establish a substantial likelihood of success on the merits for injunctive relief regarding his detention under either § 1226(a) or § 1231(a).
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S.D. Fla.·
2021-02-10
The court held that the plaintiff's state-law claims, including breach of contract and misappropriation of trade secrets, were not preempted by the Copyright Act and did not present substantial federal questions, thus federal-question jurisdiction was lacking.
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S.D. Fla.·
2021-02-04
The court held that the plaintiff sufficiently alleged a claim for First Amendment retaliation and denied the defendants' motions to dismiss.
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Fla. 2d DCA·
2021-02-03
The appellate court reversed a trial court's dismissal of a lawsuit between neighbors, finding that the statutory requirement for presuit mediation does not apply to disputes between individual parcel owners. This decision clarifies the scope of mandatory mediation in homeowners'
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S.D. Fla.·
2021-02-02
The court granted preliminary approval of the class action settlement, conditionally certifying the class for settlement purposes, and directed the issuance of class notice.
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S.D. Fla.·
2021-01-31
The court held that it lacked subject matter jurisdiction over the plaintiff's tax-related claims against the United States and that the plaintiff failed to state a claim for Bivens liability against individual IRS agents due to the existence of alternative statutory remedies.
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M.D. Fla.·
2021-01-22
The court held that the plaintiff failed to meet the burden of persuasion for injunctive relief.
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S.D. Fla.·
2021-01-19
Alvarez, a Florida mortgage borrower, sued LoanCare LLC seeking class certification for claims under Florida's Consumer Collection Practices Act and Deceptive and Unfair Trade Practices Act, alleging the defendant charged unauthorized processing fees for making payments by phone
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S.D. Fla.·
2021-01-15
The court held that Genterra sufficiently alleged breach of contract claims for breach of the right of first refusal, breach of restrictive covenants (non-solicitation, no hire, confidentiality), and dismissed the claim for injunctive relief and the claim for breach of the implie
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S.D. Fla.·
2021-01-15
The court held that the plaintiff failed to state a plausible claim for relief under RICO, FDUTPA, tortious interference, and fraud, primarily due to insufficient factual allegations and failure to meet heightened pleading standards.
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M.D. Fla.·
2021-01-13
An inmate at Florida State Prison brought a pro se civil rights action against multiple corrections officials alleging deliberate indifference to serious medical needs, discrimination under the Americans with Disabilities Act and Rehabilitation Act, and denial of religious exerci
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M.D. Fla.·
2021-01-13
The court held that a Bivens action is not appropriate for injunctive relief against federal prison officials regarding confinement decisions, and the plaintiff failed to demonstrate entitlement to such relief.
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M.D. Fla.·
2021-01-11
The court held that a prisoner cannot seek injunctive relief for home confinement or conditions of confinement through a Bivens action against federal agencies or supervisory officials.