Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))

258 Florida cases classified under this topic · sorted by citation count · browse and sort

• Clagett v. Hutchison
  583 F.2d 1259· 4th Cir.· 1978-09-14 ·cited 6×
  The court held that the dismissal of the minority shareholders' complaint for failure to state a claim was erroneous because the allegations, when construed favorably to the plaintiffs, sufficiently stated claims for breach of fiduciary duty.
• Dragon v. The United States
  414 F.2d 228· 5th Cir.· 1969-05-29 ·cited 6×
  The court held that appointed counsel for a federal prisoner in a collateral attack under 28 U.S.C. § 2255 is not entitled to compensation under the Criminal Justice Act of 1964.
• Fla. Coll. of Osteopathic Med., Inc. v. Dean Witter Reynolds Inc.
  982 F. Supp. 862· M.D. Fla.· 1997-11-17 ·cited 5×
  The court held that the letter of agreement was unenforceable under the Statute of Frauds, barring breach of contract and detrimental reliance claims, and that negligent misrepresentation claims were barred by the Economic Loss Rule, but fraudulent inducement claims could proceed
• Manze v. State Farm Ins. Co. Appeal of Manze
  817 F.2d 1062· 3d Cir.· 1987-05-04 ·cited 5×
  A plaintiff's timely notice of voluntary dismissal under Rule 41(a)(1) precludes the court from subsequently dismissing the action with prejudice under Rule 41(a)(2), and an order appointing an arbitrator is final and appealable if it grants full relief.
• Corkery v. SuperX Drugs Corp.
  602 F. Supp. 42· M.D. Fla.· 1985-02-01 ·cited 5×
  The court held that the plaintiff's claim under 42 U.S.C. § 1985(3) fails for lack of a sufficiently defined class, but ERISA claims are not time-barred and the emotional distress claim is viable. The defamation claim also survives dismissal.
• Phoenix Eng'g, Inc. v. Mk-Ferguson OF OAK Ridge Co., Knoxville Bldg. & Constr. Trades Council, AFL-CIO
  966 F.2d 1513· 6th Cir.· 1992-06-11 ·cited 4×
  The court held that the Project Labor Agreement did not violate the National Labor Relations Act or the Competition in Contracting Act, affirming the dismissal of the plaintiffs' complaint.
• Hous. Opportunities Made Equal, Inc. v. The Cincinnati Enquirer, Inc.
  943 F.2d 644· 6th Cir.· 1991-09-05 ·cited 4×
  A complaint alleging a violation of the Fair Housing Act based on the single publication of an advertisement using a small number of all-white models, or based on an aggregate message from multiple unrelated advertisements, does not state a cognizable claim without more.
• Turbe v. Gov't OF THE Virgin Islands
  938 F.2d 427· 3d Cir.· 1991-07-11 ·cited 4×
  The court held that a public utility's failure to repair street lights does not create a legal duty to protect individuals from criminal attack, absent a special relationship or circumstances where the failure increased the risk of harm or caused detrimental reliance.
• Montgomery v. United States
  933 F.2d 348· 5th Cir.· 1991-06-17 ·cited 4×
  The court held that the district court properly dismissed the quiet title action because 28 U.S.C. § 2410 does not waive sovereign immunity for challenges to the underlying tax assessment, and the IRS presented sufficient evidence of compliance with procedural requirements for se
• Fleming v. Lind-Waldock & Co.
  922 F.2d 20· 1st Cir.· 1990-12-19 ·cited 4×
  The court held that an equity receiver lacks standing to assert claims on behalf of investors, intervention was untimely, and there is no federal statutory or equitable right to contribution under the Commodity Exchange Act.
• Hernandez v. Maxwell
  905 F.2d 94· 5th Cir.· 1990-07-10 ·cited 4×
  The court held that a pro se plaintiff's allegations of intentional appropriation of cash during an illegal search stated a claim for violation of constitutional rights under 42 U.S.C. § 1983, and the existence of a postdeprivation remedy did not preclude the claim.
• Jacob v. Curt
  898 F.2d 838· 1st Cir.· 1990-03-27 ·cited 4×
  The court held that the plaintiff failed to state a claim as a matter of law because the complaint lacked allegations of the defendant's control over the foreign government's decision, thus failing the proximate cause requirement.
• Gregory v. Nunn
  895 F.2d 413· 7th Cir.· 1990-02-12 ·cited 4×
  The court held that a prisoner's allegations of lost legal documents, necessary for his defense and access to courts, sufficiently stated a claim for a constitutional deprivation under § 1983 to survive a motion to dismiss.
• Amarjit Singh v. A.D. Moyer
  867 F.2d 1035· 7th Cir.· 1989-02-08 ·cited 4×
  The court held that federal district courts lack subject matter jurisdiction to review the USIA's unfavorable recommendation for a waiver of the two-year foreign residency requirement because there is no meaningful standard by which to judge the agency's discretion. The court als
• Universidad Cent. del Caribe, Inc. v. Liaison Comm. ON Med. Educ.
  760 F.2d 14· 1st Cir.· 1985-04-24 ·cited 4×
  A plaintiff's notice of voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a)(1)(i) is effective when filed, provided no answer or motion for summary judgment has been served, and the district court cannot convert it to a dismissal with prejudice.
• Binder v. United States
  590 F.2d 68· 3d Cir.· 1978-12-15 ·cited 4×
  The court held that a remittance to the IRS is not automatically a tax payment, and the statute of limitations for refunds does not bar recovery if the remittance was a deposit to avoid penalties and interest.
• Librizzi v. Ocwen Loan Servicing, LLC
  2015 U.S. Dist. LEXIS 106634· S.D. Fla.· 2015-08-13 ·cited 3×
  The court dismissed claims against credit bureaus for failing to allege specific violations of FCRA and denied injunctive relief. Claims against Ocwen, Homeward, and Deutsche Bank were also dismissed for failure to state a claim or lack of specific allegations.
• Cherry v. Crow
  845 F. Supp. 1520· M.D. Fla.· 1994-03-07 ·cited 3×
  The court held that the plaintiff sufficiently alleged a third-party beneficiary claim for breach of contract and stated valid claims under 42 U.S.C. § 1983, and that allegations of prior inmate deaths were relevant to establishing policy or custom and should not be stricken.
• Nichols v. Wal-Mart Stores, Inc.
  958 F. Supp. 583· M.D. Fla.· 1997-03-21 ·cited 2×
  The court held that the plaintiff's Florida Civil Rights Act claim was not barred, as she filed it after the 180-day administrative period had passed without a determination from the FCHR, and the EEOC's right-to-sue letter did not terminate the FCHR's jurisdiction.
• L.W. v. Grubbs
  974 F.2d 119· 9th Cir.· 1992-09-03 ·cited 2×
  The court held that a state employee can state a claim under 42 U.S.C. § 1983 for a due process violation when state actors affirmatively create a danger that leads to harm by a third party, even without a custodial relationship.
• Bright v. Parra
  919 F.2d 31· 5th Cir.· 1990-12-13 ·cited 2×
  The court held that section 204(h) of the Immigration and Nationality Act, as amended, does not violate the procedural due process rights of U.S. citizen spouses, nor their fundamental rights to marry or reside in the U.S.
• Young v. Biggers
  917 F.2d 873· 5th Cir.· 1990-11-06 ·cited 2×
• Orvan G. Lovellette v. S. Ry. Co.
  898 F.2d 1286· 7th Cir.· 1990-04-04 ·cited 2×
  The court held that the Illinois indemnity statute does not void Snap-On's agreement to indemnify Southern because Southern was not in a position to cause negligence in construction activities, and the scope of the indemnity clause is an issue of fact not resolvable on a motion t
• Achterhof v. Selvaggio
  886 F.2d 826· 6th Cir.· 1989-10-06 ·cited 2×
  The court held that the district court erred in dismissing the section 1983 claims, as the social worker's actions in investigating child abuse and maintaining a name on the central registry were investigatory or administrative, not prosecutorial, and thus not entitled to absolut
• Sisk v. Levings
  868 F.2d 159· 5th Cir.· 1989-03-21 ·cited 2×
  The court held that the alleged misuse of legal process by city officials, even if malicious or intended to circumvent a prior ruling, did not rise to the level of an "egregious" constitutional deprivation actionable under 42 U.S.C. § 1983.
• Harrison v. United States Postal Serv.
  840 F.2d 1149· 4th Cir.· 1988-02-25 ·cited 2×
  The court held that the plaintiff received all the process due him under the Fifth Amendment, and the Postal Service did not abuse its discretion in decertifying him from mail access.
• Clark v. Cascio
  2020 WL 3895131· M.D. Fla.· 2022-02-04 ·cited 1×
  The court held that the plaintiff's claims for due process violations, judicial misconduct, and conversion were properly dismissed because they failed to state a claim upon which relief could be granted, and adequate state remedies existed for some claims.
• Maguire v. S. Homes of Palm Beach, L.L.C.
  591 F. Supp. 2d 1263· S.D. Fla.· 2008-06-17 ·cited 1×
  The court held that the purchase agreement was exempt from the Interstate Land Sales Full Disclosure Act because the contractual obligation to build within two years was not illusory, but the breach of contract claim was sufficiently pleaded.
• Izraileva v. Chertoff
  629 F. Supp. 2d 1286· M.D. Fla.· 2007-10-23 ·cited 1×
  Filing a naturalization application review action under 8 U.S.C. § 1447(b) vests exclusive jurisdiction in the district court, divesting the agency of authority to adjudicate the application thereafter.
• Ware v. Barr
  883 F. Supp. 654· M.D. Fla.· 1995-04-14 ·cited 1×
  The court held that Count II must be dismissed for failure to allege discriminatory animus, but Count III survives summary judgment due to genuine issues of material fact regarding qualified immunity.
• Hodges v. Gellerstedt
  833 F. Supp. 898· M.D. Fla.· 1993-10-14 ·cited 1×
  The court held that the plaintiff's complaint sufficiently alleged claims for quid pro quo and hostile work environment sexual harassment under Title VII, and therefore denied the defendants' motion to dismiss and motion for a more definite statement.
• United States v. Olavarrieta
  632 F. Supp. 895· S.D. Fla.· 1986-04-09 ·cited 1×
  The court held that the University of Florida and the Board of Regents were improperly sued and dismissed the third-party complaints, and granted summary judgment for the government against the student for repayment of defaulted loans.
• Murphy v. Miami-Dade Cnty. Gov't Auth.
  S.D. Fla.· 2026-01-26
  The court granted the motions to dismiss, finding the federal takings claim failed for not alleging public use and dismissing state law claims for lack of jurisdiction.
• Rashmin Barot v. Dir., U.S. Citizenship & Immigr. Servs.
  M.D. Fla.· 2026-01-15
  The court held that collateral estoppel bars relitigation of the jurisdictional issue previously decided in the Nebraska district court.
• Bemis v. Karmagreen LLC
  M.D. Fla.· 2025-12-18
  The court held that the plaintiff failed to state a plausible claim under the Illinois Consumer Fraud Act because the product's label did not contain a material omission regarding addictiveness or safety, and therefore dismissed the complaint.
• Rneg Corp. v. Jpmorgan Chase Bank, N.A.
  S.D. Fla.· 2025-12-16
  The court held that Atzmi's claims against ReneG were insufficient to establish a valid claim to the interpleaded funds, thus he was not a properly interplead party.
• Mena v. Franklin Johnston Mgmt. & Dev., LLC
  S.D. Fla.· 2025-11-06
  The court held that claims for disability discrimination and failure to accommodate were dismissed for failing to allege sufficient facts, while retaliation claims survived dismissal.
• Domenico D'Ambrosio and Michele D'Ambrosio v. Am. Bankers Ins. Co. of Fla.
  M.D. Fla.· 2025-10-07
  The court held that a denial letter, even if not in the complaint, can be considered on a motion to dismiss if it is central to the claims and its authenticity is undisputed, and that the plaintiffs' suit was untimely.
• Agostino v. Monarch Nat'l Ins. Co.
  M.D. Fla.· 2025-09-26
  The court held that a motion to dismiss based on the statute of limitations cannot rely on extrinsic evidence not present in the complaint, but claims for attorney's fees and a jury demand are precluded by law for flood insurance disputes.
• Siegal v. Holiday CVS, L.L.C.
  S.D. Fla.· 2025-08-01
  The court recommended denying the motion to dismiss because the plaintiff's allegations sufficiently stated a claim for negligence and premises liability, and the claim did not fall under the statute barring 'mode of operation' claims for transitory foreign substances.
• Robinson v. Early Warning Servs., LLC
  M.D. Fla.· 2025-07-31
  The court held that the plaintiff's complaint failed to state a plausible claim for relief under the Fair Credit Reporting Act and the Florida Deceptive and Unfair Trade Practices Act due to insufficient factual allegations.
• Babieca Cap., LP v. Cohen Anytime, Inc.
  S.D. Fla.· 2025-05-23
  The court granted in part and denied in part the motions to dismiss, finding it had jurisdiction and that the litigation privilege was inapplicable, while dismissing some claims with leave to amend.
• Roche v. Teco Energy, Inc.
  M.D. Fla.· 2025-05-20
  The court held that the amended complaint still fails to state a claim for breach of fiduciary duty under ERISA, as the defendants were not on notice of the plaintiff's confusion at a time when action could have been taken, nor did they have an affirmative duty to warn about exte
• United States v. Arriva Med., LLC
  S.D. Fla.· 2025-05-07
  The court held that a case on appeal is considered 'pending' for the False Claims Act's first-to-file rule, and that res judicata applies when a prior dismissal, including a denial of leave to amend, is affirmed on appeal.
• Libreros v. Aviva Senior Living LLC
  M.D. Fla.· 2025-05-07
  The court held that while the Third Amended Complaint plausibly alleged a serious health condition and proper notice for FMLA leave, it failed to sufficiently allege prejudice resulting from FMLA interference, leading to the dismissal of Counts I and II.
• AmGuard Ins. Co. v. Bourne
  S.D. Fla.· 2025-03-03
  The court held that the insurer's claim for a declaratory judgment on its duty to defend is ripe and may proceed, but the claim for a declaratory judgment on its duty to indemnify is not ripe and is dismissed without prejudice.
• Halmos v. Spinard
  S.D. Fla.· 2025-02-25
  In October 2005, Peter Halmos' yacht ran aground in a marine sanctuary during Hurricane Wilma, and he subsequently entered into settlement agreements with NOAA and another party that included mutual releases and promises not to interfere with each other's legal proceedings. Halmo
• Paulcin v. Chunn
  N.D. Fla.· 2025-01-24
  Claims arising after the case initiation date are dismissed for failure to exhaust administrative remedies, Fourteenth Amendment claims are dismissed for failure to state a claim, and official capacity claims are dismissed due to Eleventh Amendment immunity.
• Edelman v. MSC Cruises S.A.
  S.D. Fla.· 2025-01-17
  The court held that the plaintiff adequately alleged actual notice of the dangerous condition, thus denying the defendant's motion to dismiss the negligence and failure to warn claims.
• Pettway v. Amazon Fulfillment Ctr.
  M.D. Fla.· 2024-12-12
  The court held that while the settlement agreement's plain language unambiguously released the plaintiff's claims, disputes of material fact regarding defenses to contract formation (mistake, fraud, misrepresentation) preclude judgment on the pleadings.