-
S.D. Fla.·
2024-12-03
The court held that the plaintiff failed to plausibly plead unlawful discrimination because of a disability, as his allegations were conclusory and lacked factual support regarding similarly situated employees or sufficient temporal proximity.
-
M.D. Fla.·
2024-11-15
The court held that the defendants are entitled to qualified immunity because the plaintiff failed to allege a violation of a clearly established constitutional right. The office's recording policy was deemed reasonable and viewpoint-neutral, and the officers had reasonable suspi
-
S.D. Fla.·
2024-10-29
The court held that the defendant waived objections to personal jurisdiction and venue by filing an answer, but granted dismissal for failure to state a claim on copyright infringement and conversion counts, granting leave to amend.
-
N.D. Fla.·
2024-10-17
The court held that the plaintiff failed to state a plausible claim for an Eighth Amendment violation or an Equal Protection violation, and thus, the remaining claims also fail.
-
S.D. Fla.·
2024-10-04
The court recommended dismissal of all counts without prejudice, granting leave to amend, because the complaint failed to state a plausible claim for relief under TILA, UCC, or breach of contract, and improperly included other statutory claims within the breach of contract count.
-
S.D. Fla.·
2024-09-30
The court recommended dismissal of the breach of contract and breach of implied covenant claims because the customer agreements allowed the charging of interest on annual fees and the plaintiff failed to identify a contractual term granting discretion over renewals.
-
M.D. Fla.·
2024-09-10
The court held that the plaintiff failed to state a plausible claim for FLSA retaliation because she did not allege that the defendants' counterclaims lacked a reasonable basis in law or fact.
-
N.D. Fla.·
2024-09-05
The court held that while official capacity claims are barred by Eleventh Amendment immunity, the plaintiff should be allowed to amend his complaint to add individual capacity claims, and the motion to dismiss is otherwise denied.
-
S.D. Fla.·
2024-08-23
The court recommended granting the motion to dismiss because the complaint failed to identify specific communications and explain how they violated the FDCPA and FCCPA.
-
S.D. Fla.·
2024-08-21
The court held that the plaintiffs plausibly alleged violations of the FDCPA, as the default notices contained misleading threats of acceleration and foreclosure that could deceive the least sophisticated consumer.
-
S.D. Fla.·
2024-08-12
The court held that the complaint constituted a shotgun pleading and should be dismissed without prejudice.
-
S.D. Fla.·
2024-08-05
The court granted in part and denied in part the motion to dismiss, dismissing individual plaintiffs' claims for lack of standing, claims against John Doe defendants, and supervisory liability claims, while allowing amendment for wrongful death claims and denying dismissal for ex
-
M.D. Fla.·
2024-05-24
The court held that a plaintiff's request for injunctive relief is dismissed for failure to allege a threat of future injury, but other grounds for dismissal are denied, allowing the case to proceed.
-
M.D. Fla.·
2024-05-01
The court held that the defendant's letter did not constitute a sufficient response to trigger the administrative exhaustion requirement under FOIA.
-
M.D. Fla.·
2024-04-12
The court held that the plaintiff adequately pleaded claims for religious discrimination under Title VII and the FCRA, and for breach of contract, thus denying the defendants' motion to dismiss.
-
M.D. Fla.·
2024-04-04
The court held that the attached documents did not contradict the complaint's allegations, and the complaint stated a plausible claim for breach of contract.
-
M.D. Fla.·
2024-03-26
The court held that the plaintiff's allegations sufficiently stated claims for deliberate indifference to a serious medical need and a specific condition of confinement against Aramark, and for personal involvement in constitutional violations against Ms. Pierre, allowing the cas
-
M.D. Fla.·
2024-03-15
The court held that the defendant, as a furnisher of information, cannot be liable under FCRA sections imposing duties on consumer reporting agencies.
-
S.D. Fla.·
2024-01-09
The court held that the plaintiff failed to state a claim for negligence because she did not adequately allege that the cruise line had actual or constructive notice of the risk-creating condition that caused her injury.
-
S.D. Fla.·
2024-01-04
The court held that the plaintiff failed to state a claim for retaliation under the Florida Whistleblower's Act, race-based discrimination under Title VII, or retaliation under Title VII, granting the defendant's motion to dismiss.
-
M.D. Fla.·
2023-12-18
The court held that claims seeking to enforce a settlement agreement should be brought as a breach of contract claim, not as new claims based on the same underlying conduct. Counts II-VI were dismissed without prejudice.
-
M.D. Fla.·
2023-11-16
The court held that the complaint sufficiently stated a claim for tip misappropriation under the FLSA, but failed to plead causation for the FLSA retaliation claim.
-
M.D. Fla.·
2023-09-08
The court denied defendants' motions to dismiss, finding that plaintiffs sufficiently stated claims for trade secret misappropriation and that the litigation privilege and res judicata did not bar the action at this stage, but dismissed TCA claims as shotgun pleading.
-
S.D. Fla.·
2023-09-06
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1981 and § 1982 because the evidence showed she lacked a contractual right of return at the time of the attempted transaction.
-
S.D. Fla.·
2023-09-05
The court granted the defendant's motion to vacate the clerk's entry of default, finding good cause shown.
-
M.D. Fla.·
2023-08-23
The court held that the plaintiff's complaint failed to state a claim for relief under the ADA or Rehabilitation Act and was also deficient in pleading standards and claims against individual defendants.
-
M.D. Fla.·
2023-06-02
The court held that the defendant's motion to dismiss should be denied because the plaintiff's complaint sufficiently pled a breach of contract claim and the defendant failed to comply with local rules regarding conferral with opposing counsel.
-
M.D. Fla.·
2023-05-30
The court granted the motion to dismiss, finding the plaintiff's claims were based on legal conclusions without sufficient factual support.
-
S.D. Fla.·
2023-05-30
A store manager cannot be held liable for negligence based solely on their position; personal fault or active negligence must be alleged and proven, and constructive notice is insufficient if the manager had no duty to implement protocols for the specific hazard.
-
S.D. Fla.·
2023-05-12
The court held that Count I of the amended complaint impermissibly commingles vicarious and direct liability allegations and is dismissed without prejudice, while other claims and allegations regarding notice are sufficient.
-
M.D. Fla.·
2023-05-02
The court granted the defendant's motion to dismiss the plaintiff's claims for fraudulent transfer and conversion.
-
S.D. Fla.·
2023-04-26
The court held that the plaintiff failed to sufficiently allege a causal link between her protected activity and termination for her Florida Whistleblower Act claim, but sufficiently alleged FLSA retaliation based on her overtime complaint.
-
M.D. Fla.·
2023-04-19
The court held that the plaintiff failed to plausibly allege that Marriott International, Inc. participated in a sex trafficking venture and that CHMB Florida Hotel Manager, LLC lacked specific factual allegations against it, warranting dismissal of the claims.
-
M.D. Fla.·
2023-04-03
The court held that a motion to dismiss is not the proper stage to definitively determine if a debt was discharged solely based on the issuance of a 1099-C form.
-
M.D. Fla.·
2023-01-10
The court held that a constructive trust claim fails when an adequate remedy at law exists, but a negligent misapplication claim can proceed if the funds may have been a special deposit creating a duty.
-
S.D. Fla.·
2023-01-09
The court converted the motion for judgment on the pleadings to a motion for summary judgment because matters outside the pleadings were presented, and ordered parties to supplement the record regarding subject matter jurisdiction and the form of judgment.
-
S.D. Fla.·
2022-12-02
The court held that the insurance policy's self-insured retention limit is eroded by defense expenses, and therefore the insurer had a duty to defend the insured once those expenses exceeded the retention limit.
-
S.D. Fla.·
2022-10-28
The court held that the insurance policy's additional insured endorsement requires allegations of vicarious liability to trigger a duty to defend, and the underlying complaint alleged only direct negligence against the City.
-
S.D. Fla.·
2022-09-20
The court held that claims based on alleged fraudulent trademark filings in 2018 and 2019 survive dismissal, while claims related to the original 2013 registration are barred by res judicata. Infringement and breach of contract claims also survive.
-
S.D. Fla.·
2022-08-25
The court held that the plaintiff sufficiently alleged enterprise coverage under the FLSA, thus denying the motion to dismiss.
-
S.D. Fla.·
2022-07-01
The court held that the First Amended Complaint failed to state a claim for individual liability against the individual defendants because it did not allege active and knowing infringement, and therefore, these claims are dismissed with prejudice.
-
S.D. Fla.·
2022-06-29
The court held that the plaintiff's breach of contract claim was time-barred because the final decision on his claim occurred more than three years before the lawsuit was filed, as evidenced by correspondence incorporated by reference.
-
S.D. Fla.·
2022-06-21
The court held that while allegations of administrative leave status disclosure may state a Privacy Act claim, the plaintiff failed to adequately allege actual damages, and claims against unknown employees are improper.
-
S.D. Fla.·
2022-05-24
The court held that the Florida Commission on Human Relations (FCHR) is entitled to quasi-judicial immunity for its actions in transferring a discrimination complaint, and thus, the plaintiff's claims against it must be dismissed with prejudice.
-
S.D. Fla.·
2022-05-17
The court held that the plaintiff failed to exhaust administrative remedies against Sgt. Johnson and Warden Acosta because his grievances did not provide sufficient notice of his claims against them.
-
M.D. Fla.·
2022-04-13
The court held that Florida Polytechnic University is not a legal entity capable of being sued, and the proper party is the Florida Polytechnic University Board of Trustees.
-
S.D. Fla.·
2022-03-18
The court held that reporting a closed account as '120 days past due' is not objectively misleading when the report also clearly indicates the account is 'Paid and Closed' with a zero balance.
-
S.D. Fla.·
2022-03-04
The court held that a plaintiff must adequately plead facts showing the defendant's duty to pay arose before alleging a material breach for non-payment.
-
S.D. Fla.·
2022-02-28
The court held that the plaintiff's Second Amended Complaint failed to state a claim for FMLA interference or FLSA retaliation due to insufficient factual allegations regarding protected activity and adverse actions.
-
S.D. Fla.·
2022-02-25
The court held that the plaintiff's allegations were sufficient to state a claim under the ADA's 'regarded as' prong, and the issue of whether the impairment was transitory and minor is a question of fact not suitable for dismissal.