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M.D. Fla.·
2022-02-14
The University Board of Trustees is not a "person" under 42 U.S.C. § 1983, and a voluntary payment of tuition does not constitute a taking under the Fifth Amendment. The court declined supplemental jurisdiction over state law claims.
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S.D. Fla.·
2022-02-04
The court held that a declaratory judgment complaint must be dismissed because the dispute is factual, not based on contractual ambiguity, and the plaintiff failed to allege performance of policy conditions, rendering the request for relief an advisory opinion.
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M.D. Fla.·
2022-01-18
The court held that the plaintiff's pleadings were incomprehensible, frivolous, and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2022-01-03
The court held that probable cause for the arrest barred the plaintiff's false arrest and § 1983 claims, and declined supplemental jurisdiction over the remaining state law claim.
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S.D. Fla.·
2021-10-28
The court denied defendants' motions to dismiss the second amended complaint, finding it sufficiently pleaded patent infringement, but denied plaintiff's motion for leave to file a third amended complaint.
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S.D. Fla.·
2021-10-27
The court held that the statute of limitations defense was not apparent from the face of the complaint and loan agreement, and that plaintiffs lacked standing for injunctive relief as they did not allege an actual and imminent threat of future injury.
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M.D. Fla.·
2021-09-14
The court held that a counterclaim seeking declaratory relief is not redundant and should not be dismissed, even if it mirrors the complaint, because it seeks affirmative relief not fully addressed by the complaint.
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S.D. Fla.·
2021-07-27
The court held that the amended complaint plausibly alleged trafficking in confiscated property and that the plaintiffs sufficiently pleaded scienter and actionable ownership interests for the purpose of a motion to dismiss.
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M.D. Fla.·
2021-06-08
The court held that a motion to dismiss Count Four for failure to state a claim for preliminary injunction was improper, as Count Four stated a claim for declaratory judgment.
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S.D. Fla.·
2021-04-28
The court held that the plaintiff's allegations sufficiently stated a claim for negligence and plausibly alleged intentional misconduct for punitive damages.
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M.D. Fla.·
2021-04-19
The court held that the plaintiff's claims for failure to warn were barred by the learned intermediary doctrine, and the claims for breach of implied warranty were barred by the Uniform Commercial Code's notice requirement and failure to plead a safer alternative design.
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M.D. Fla.·
2021-04-15
The court held that the plaintiff's complaint failed to state a plausible claim for gender discrimination and retaliation under Title VII due to insufficient factual allegations, and that punitive damages are not recoverable against a political subdivision under Title VII.
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S.D. Fla.·
2021-04-08
The court held that the unjust enrichment claim is barred by Florida's Unfair Insurance Trade Practices Act (FUITPA) and the existence of an express contract, and the FDUTPA claim is inapplicable to insurance matters regulated by state law.
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M.D. Fla.·
2020-12-07
The court denied the defendants' motion to stay discovery pending resolution of their motion to dismiss.
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M.D. Fla.·
2020-12-04
The court held that denying protestors access to courthouse restrooms does not violate the First, Fourth, or Thirteenth Amendments, as courthouses are nonpublic forums and restroom access is restricted to those with court business.
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M.D. Fla.·
2020-11-21
An arbitration award draws its essence from a collective bargaining agreement if its interpretation can be rationally derived from the agreement, and changes in terms like duration or specific clauses do not invalidate the award in interest arbitration.
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S.D. Fla.·
2020-11-17
The court held that the state law claims were preempted by the Carmack Amendment, and the inclusion of the Underwriters as plaintiffs violated the bankruptcy court's automatic stay order because the order did not contemplate their involvement.
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S.D. Fla.·
2020-11-04
The court held that the plaintiff lacked standing for his claim regarding the initial disclosure provision of the FCRA and failed to state a claim for violations of the adverse action provisions, warranting dismissal of the complaint.
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S.D. Fla.·
2020-10-13
A retaliation claim under Title VII is not procedurally barred if it reasonably grows out of the allegations in the EEOC charge, even if the retaliation box is not checked. Furthermore, allegations of discriminatory treatment and complaints about that treatment, followed by termi
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M.D. Fla.·
2020-09-07
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not adequately allege a policy or custom for the official capacity claim and did not sufficiently plead the absence of probable cause for the individual capacity claim. The court also
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M.D. Fla.·
2020-07-24
The court granted defendants' motions to dismiss and for a more definite statement, dismissing the amended complaint without prejudice.
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M.D. Fla.·
2020-07-07
The court held that a pro se prisoner's complaint alleging wrongful detention and mishandling of grievances fails to state a claim and is dismissed, but with leave to amend.
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M.D. Fla.·
2020-07-06
The court held that a defendant's motion to dismiss patent infringement claims should be denied when the plaintiff pleads sufficient facts to state a plausible claim and the defendant fails to meet the burden of proving patent invalidity or insufficient pleading at this early sta
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S.D. Fla.·
2020-04-30
Plaintiff Watkins sued police officers under 42 U.S.C. § 1983 for alleged Fourth and First Amendment violations stemming from his involuntary psychiatric detention under Florida's Baker Act after he sang an anti-gay reggae song in a public park. The district court denied the offi
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S.D. Fla.·
2020-03-11
The court held that claims against defendants in their official capacities fail to state a claim under Monell, but granted leave to amend. The court also granted the motion for a more definite statement, requiring the plaintiff to file an amended complaint with numbered paragraph
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M.D. Fla.·
2020-02-28
The court held that the plaintiff's complaint plausibly alleged sufficient facts to survive a motion to dismiss, denying the defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
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S.D. Fla.·
2020-01-21
Florida law does not require insurers to specifically disclose that insureds are entitled to reimbursement for medical mileage expenses under a Personal Injury Protection policy.
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M.D. Fla.·
2020-01-07
The court held that the plaintiff's Third Amended Complaint failed to state a claim and lacked standing for all counts, warranting dismissal with prejudice.
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S.D. Fla.·
2020-01-07
The court held that a plaintiff cannot recover for trafficking in confiscated property if the alleged trafficking occurred after the plaintiff's property interest in that property had expired.
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S.D. Fla.·
2019-12-02
The court denied the motion to dismiss, finding the plaintiff's allegations sufficient to state a claim for failure to protect under the Fourteenth Amendment and negligence, and that pre-suit notice requirements were adequately pleaded.
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S.D. Fla.·
2019-11-27
The court held that the plaintiff's Title VII claim was dismissed for failure to exhaust administrative remedies, and the Title VI claim was dismissed for failing to state a plausible claim, but with leave to amend.
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M.D. Fla.·
2019-10-15
The court granted the motion to dismiss the City's counterclaim for equitable accounting, finding it failed to state a claim, but granted leave to amend.
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S.D. Fla.·
2019-10-11
The court held that the defendants' negligence claim was barred by the maritime Economic Loss Rule due to contractual privity, and their unjust enrichment claim failed because it alleged the existence of an express contract.
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M.D. Fla.·
2019-09-27
The court granted dismissal for Defendant Morales on all claims and for Defendant Stewart on the Fourteenth Amendment and retaliation claims, but denied dismissal for Stewart on the First Amendment Free Exercise claim.
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M.D. Fla.·
2019-09-19
The court held that the plaintiff's complaint sufficiently alleged a policy or custom of deliberate indifference by Wexford Health Sources, Inc., thus denying Wexford's motion to dismiss. However, the court dismissed the complaint against Defendant Martorna for failure to state a
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M.D. Fla.·
2019-09-18
The court held that a declaratory judgment claim is not subject to dismissal for duplication with a breach of contract claim at the motion to dismiss stage, especially when the defendant fails to demonstrate that the breach of contract claim will provide full and adequate relief.
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M.D. Fla.·
2014-03-06
The court held that the Alliance likely would not succeed on its Equal Access Act claim due to Florida's lack of a statutory definition for 'secondary school,' and that the school's rejection of the Alliance's club application was likely permissible under the Hazelwood standard f
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857 F. Supp. 2d 1245·
S.D. Fla.·
2014-02-14
The court held that the architectural plans were not substantially similar as a matter of law, and therefore, copyright infringement could not be established at the motion to dismiss stage.
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712 F. Supp. 2d 440·
S.D. Fla.·
2012-09-21
The court held that the flea market operators and principal defendants could be liable for contributory trademark infringement and contributory copyright infringement, but not vicarious trademark infringement. Property owners who merely lease the land are not liable for contribut
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319 F. Supp. 2d 1351·
S.D. Fla.·
2004-05-21
The court held that it lacked subject matter jurisdiction under the Federal Tax Injunction Act because the plaintiffs sought to enjoin state tax collection and had a plain, speedy, and efficient remedy in state court.
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243 F. Supp. 2d 1333·
M.D. Fla.·
2003-01-13
The court held that the plaintiff's claims were not ripe for adjudication because they involved as-applied challenges to an ordinance and the plaintiff had not exhausted administrative remedies.
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173 F. Supp. 2d 1288·
M.D. Fla.·
2001-02-08
The court held that the plaintiff's federal due process claims failed because he received adequate pre- and post-termination procedures and available state remedies, and that state-created employment rights are not protected by substantive due process. The court declined suppleme
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164 F. Supp. 2d 1330·
S.D. Fla.·
2000-06-19
The court adopted the magistrate judge's recommendation, denying defendants' motions to dismiss and for a more definite statement, finding the plaintiff's allegations sufficient to proceed.
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956 F. Supp. 2d 711·
M.D. Fla.·
1998-12-10
The court held that by relying on its internal investigation as an affirmative defense, the defendant waived any privilege protecting the underlying investigative materials.
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1993 U.S. Dist. LEXIS 10023·
M.D. Fla.·
1993-07-14
The court held that the plaintiff sufficiently pleaded claims for violations of constitutional rights under 42 U.S.C. § 1983, but granted a motion for more definite statement regarding potential conspiracy claims.
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984 F.2d 358·
10th Cir.·
1993-01-20
The court held that the plaintiff failed to meet her burden of showing that the defendants' actions violated clearly established law, entitling the defendants to qualified immunity.
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983 F.2d 52·
6th Cir.·
1993-01-06
The court held that the district court properly dismissed the plaintiffs' complaint based on official immunity under Kentucky law, as the alleged failure to post and enforce speed limits constituted a regulatory function protected by immunity.
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978 F.2d 217·
5th Cir.·
1992-12-02
The court held that the appellant's pleading sufficiently indicated a claim for willful discrimination under the ADEA, thus invoking the three-year statute of limitations and precluding dismissal.
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980 F.2d 908·
3d Cir.·
1992-12-01
The court held that the Pennsylvania bad faith statute applies to conduct occurring after its effective date, even if the insurance policy predates the statute.
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974 F.2d 81·
8th Cir.·
1992-09-02