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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority under common law or general law to unilaterally release or extinguish the legal claims of political subdivisions (school boards and hospital districts) for their unique and individual damages caused by opioid defendants. Political subdivisions
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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority under common law or general law to unilaterally release or extinguish the legal claims of political subdivisions for their individual and actual damages, even when those claims arise from the same subject matter as the Attorney General's settl
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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority to unilaterally release or extinguish the legal claims of political subdivisions (school boards and hospital districts) for their individual and actual damages, even when those claims arise from the same subject matter as the Attorney General'
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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority under common law or general law to unilaterally release or extinguish the legal claims of political subdivisions (school boards and hospital districts) for their individualized damages caused by opioid defendants. Although the Attorney General
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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority under common law or general law to unilaterally release or extinguish the legal claims of political subdivisions (school boards and hospital districts) for their unique and individual damages. Although the Attorney General possesses limited pa
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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority to unilaterally release or extinguish the legal claims of political subdivisions (school boards and hospital districts) for their individual and actual damages, even when those claims arise from the same subject matter as the Attorney General'
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Fla. 1st DCA·
2024-08-14
The Attorney General lacks authority to unilaterally release or extinguish the individual damage claims of political subdivisions, including school boards and hospital districts, that have been granted independent statutory authority to sue and be sued by the Legislature. The Att
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M.D. Fla.·
2024-06-18
The court granted in part and denied in part Sazerac's motion to dismiss, allowing the plaintiff to file a second amended complaint.
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M.D. Fla.·
2024-05-22
The court held that the plaintiff failed to state a claim for deceptive advertising under FDUTPA and GFBPA, or for false advertising and fraud under Florida law, because the allegations did not establish that the omission of artificial flavor was likely to mislead a reasonable co
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M.D. Fla.·
2024-03-27
The court held that the plaintiff lacks Article III standing to assert claims under other states' laws and for injunctive relief, and fails to state a claim for deceptive and misleading advertising and fraud.
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M.D. Fla.·
2024-03-08
The court denied the motion to dismiss as moot and allowed the plaintiff to file an amended complaint.
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M.D. Fla.·
2024-01-10
This is a proposed class action alleging that Upfield US, Inc. misleadingly labeled its Country Crock Plant Butter products by prominently featuring 'made with olive oil' or 'with olive oil' on the front label when olive oil comprises only a minimal amount of the oil blend. Plain
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M.D. Fla.·
2024-01-02
The court denied the defendant's motion to stay discovery pending resolution of its motion to dismiss.
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S.D. Fla.·
2023-07-27
The court held that the plaintiff failed to adequately plead Article III standing, lacking subject matter jurisdiction to adjudicate the claims.
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S.D. Fla.·
2023-07-26
The court held that the plaintiff's claims for misleading advertising, negligent misrepresentation, negligent selection/retention, negligent failure to warn, general negligence, and apparent agency were sufficiently pled to survive a motion to dismiss.
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Fla.·
2023-07-06
The Court replaced the 2013 Code for Resolving Professionalism Complaints with a new Code for Resolving Professionalism Referrals that establishes local professionalism panels as independent entities in each judicial circuit to informally resolve referrals of unprofessional condu
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M.D. Fla.·
2023-06-07
MacuHealth, LP sued Vision Elements, Inc. for false advertising claims based on Vision Elements' representations that its Early Defense supplement was manufactured without Class 2 solvents like hexane and methanol. The court granted MacuHealth's summary judgment motion in part, f
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S.D. Fla.·
2023-05-25
The court held that the plaintiffs' claims were not barred by DOHSA, the complaint was not a shotgun pleading, and most claims were sufficiently pleaded to survive a motion to dismiss.
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S.D. Fla.·
2022-06-13
The court granted plaintiffs' motion to dismiss claims against Kim Cherry without prejudice, but denied the request for each party to bear their own costs and fees, allowing Kim Cherry to file a separate motion for attorney's fees if she has a good faith basis.
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S.D. Fla.·
2021-12-07
The court adopted in part the Magistrate Judge's Report, denying default judgment for spoliation, granting summary judgment on the ACPA claim (Count 1) but reserving damages for an evidentiary hearing, and denying summary judgment on other claims.
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S.D. Fla.·
2021-06-23
The court held that the plaintiff's claims for misleading advertising, negligent misrepresentation, negligent retention, negligent failure to warn, negligence based on apparent agency, and negligence based on joint venture were sufficiently pleaded to survive a motion to dismiss.
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M.D. Fla.·
2020-05-05
The court granted plaintiffs' motions to strike defendants' affirmative defenses and dismiss their counterclaims, finding the defenses too confusing and the counterclaims to be shotgun pleadings, but granted leave to amend.
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247 So. 3d 572·
Fla. 2d DCA·
2018-01-05
Sovereign immunity bars claims arising under the Florida Deceptive and Unfair Trade Practices Act against state agencies and subdivisions, as established in Curcio v. Florida Department of the Lottery.
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108 So. 3d 609·
Fla.·
2013-01-31
The Florida Supreme Court adopted comprehensive amendments to the Rules Regulating the Florida Bar governing lawyer advertising (Subchapter 4-7), replacing outdated rules with new rules focused on preventing misleading and unduly manipulative advertising. The Court restructured t
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28 F. Cas. 281·
S.D. Fla.·
2012-11-27
The court held that claims not involving personal injury, illness, or death are subject to the cruise ticket contract's arbitration clause, while personal injury claims are not arbitrable under that clause.
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766 So. 2d 382·
Fla. 4th DCA·
2000-08-02
The Florida Attorney General brought an action alleging that Resort Timeshare Resales, Inc. and related defendants violated consumer protection laws by misrepresenting timeshare advertising services and failing to provide required cancellation notices. The Fourth District Court o
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625 So. 2d 984·
Fla. 3d DCA·
1993-10-26
The Florida District Court of Appeal addressed whether intent to deceive is a required element under a Dade County misleading advertising ordinance. The court held that intent to deceive is not required; instead, the ordinance only requires proof that the defendant intended to se
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621 So. 2d 426·
Fla.·
1993-07-01
The Florida Supreme Court held that state statutes prohibiting CPAs from engaging in personal solicitation and competitive bidding for attest engagements violate the First Amendment as unconstitutional restrictions on commercial speech. The Court applied the Central Hudson test a
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801 F.2d 968·
7th Cir.·
1986-09-18
The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
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491 So. 2d 1215·
Fla. 2d DCA·
1986-07-18
A prevailing defendant in a civil action for misleading advertising under section 817.41, Florida Statutes, is entitled to an award of attorney's fees.
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25 Fla. Supp. 151·
Dade Cty. Cir. Ct.·
1965-03-16
The Dade County Circuit Court remanded the case to the trial court to clarify its ruling on the constitutionality of Florida Statute 817.41, then transferred the appeal to the Florida Supreme Court after the trial court entered an amended order upholding the statute's constitutio
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134 F.2d 819·
7th Cir.·
1943-04-22
The court held that the FTC's cease and desist order was largely valid, but modified it to remove language concerning other electronics industries not supported by evidence.