Motion To Dismiss Standard (Rule 12(B)(6))

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

• Battle v. Liberty Nat'l Life Ins. Co.
  493 F.2d 39· 5th Cir.· 1974-04-25 ·cited 62×
  The court held that the complaint sufficiently stated claims for relief under the Sherman Act and Clayton Act, and thus the district court erred in dismissing the case for failure to state a claim.
• Am. Honda Motor Co. v. Motorcycle Info. Network, Inc.
  390 F. Supp. 2d 1170· M.D. Fla.· 2005-05-10 ·cited 44×
  The court held that claims for breach of contract implied in law (quasi contract) and constructive fraud fail to state a claim, but other claims, including breach of oral agreement, deceptive trade practices, fraud, and negligent misrepresentation, are not preempted by the Unifor
• Special Purpose Accounts Receivable Coop. Corp. v. Prime One Cap. Co.
  125 F. Supp. 2d 1093· S.D. Fla.· 2000-12-19 ·cited 25×
  The court denied the defendants' motion to dismiss or for summary judgment, finding genuine issues of material fact regarding conversion claims.
• DE LA Cruz v. Tormey
  582 F.2d 45· 9th Cir.· 1978-09-13 ·cited 24×
  A claim for sex discrimination requires either facial discrimination or discriminatory effects; allegations of discriminatory intent alone are insufficient if the conduct is otherwise gender-neutral.
• Bentley v. Bank of Am., N.A.
  773 F. Supp. 2d 1367· S.D. Fla.· 2011-03-23 ·cited 20×
  The court granted the motion to dismiss, dismissing most claims with prejudice and others without prejudice, allowing amendment for some claims.
• Cullom v. Hibernia Nat'l Bank
  859 F.2d 1211· 5th Cir.· 1988-10-28 ·cited 20×
  An employee discharged for refusing to participate in illegal activity under RICO lacks standing to sue under § 1964(c) because the injury does not flow from the predicate acts.
• Crowell v. Morgan Stanley Dean Witter Servs.
  87 F. Supp. 2d 1287· S.D. Fla.· 2000-01-27 ·cited 19×
  The court held that the "bespeaks caution" doctrine and the Florida Economic Loss Rule did not bar claims based on alleged misrepresentations made before prospectus delivery, but the Florida Deceptive and Unfair Trade Practices Act does not apply to securities transactions.
• Russo v. Trifari
  837 F.2d 40· 2d Cir.· 1988-01-08 ·cited 18×
  The court held that while the claim for a non-willful violation is time-barred, material issues of fact exist regarding a willful violation of the ADEA, requiring reversal of summary judgment.
• Fojtasek v. NCL (Bahamas) Ltd.
  613 F. Supp. 2d 1351· S.D. Fla.· 2009-05-11 ·cited 17×
  The court granted in part and denied in part the motion to dismiss, dismissing several counts but allowing others to proceed. The Death on the High Seas Act does not apply, and the defendant cannot contractually limit liability for its own negligence.
• Doonan v. Carnival Corp.
  404 F. Supp. 2d 1367· S.D. Fla.· 2005-11-30 ·cited 16×
  The court held that a cruise line cannot be held vicariously liable for the negligence of its ship's doctor under actual agency, but may be liable under apparent agency. A breach of contract claim for safe passage is not supported without an express provision.
• Burger King Corp. v. Holder
  844 F. Supp. 1528· S.D. Fla.· 1993-02-05 ·cited 16×
  The court denied motions to dismiss fraud, negligent misrepresentation, Florida Franchise Act, and breach of fiduciary duty claims, but dismissed a claim for breach of the implied covenant of good faith and fair dealing for failure to allege breach of express terms.
• In re Managed Care Litigation
  298 F. Supp. 2d 1259· S.D. Fla.· 2003-12-08 ·cited 15×
  The court held that the plaintiffs sufficiently alleged a RICO enterprise and predicate acts of mail and wire fraud, allowing those claims to proceed.
• Evans v. McKAY
  869 F.2d 1341· 9th Cir.· 1989-03-16 ·cited 14×
  The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
• Smith v. WM. Wrigley JR. Co.
  663 F. Supp. 2d 1336· S.D. Fla.· 2009-10-01 ·cited 13×
  The court held that the plaintiff sufficiently alleged actual damages for a claim under Florida's Deceptive and Unfair Trade Practices Act and stated a valid claim for breach of express warranty, denying the motion to dismiss.
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Garden-Aire Vill. S. Condo. Ass'n v. QBE Ins.
  774 F. Supp. 2d 1224· S.D. Fla.· 2011-03-31 ·cited 12×
  The court held that a justiciable controversy did not exist for the declaratory judgment claim regarding coverage, and the demand for appraisal was premature because the parties had not engaged in a good-faith effort to resolve the dispute.
• Winston A. Mitchell, M.D. v. Frank R. Howard Mem'l Hosp.
  853 F.2d 762· 9th Cir.· 1988-08-09 ·cited 11×
  The court held that the hospital's activities did not substantially affect interstate commerce for Sherman Act jurisdiction and reversed the dismissal of Title VII claims based on an employment relationship with the hospital.
• Larach v. Standard Chartered Bank Int'l (Americas) Ltd.
  724 F. Supp. 2d 1228· S.D. Fla.· 2010-07-02 ·cited 10×
  The court held that there is no implied private right of action to enforce Section 8 of the Securities Exchange Act of 1934, thus dismissing Count I. The court denied dismissal for Counts II-VIII, finding they sufficiently stated claims.
• Bearse v. Main St. Invs.
  220 F. Supp. 2d 1338· M.D. Fla.· 2002-07-03 ·cited 10×
  The court adopted the magistrate judge's report, recommending denial of motions to dismiss fraud claims and ordering the plaintiff to clarify the status of a trust for diversity jurisdiction purposes.
• Boone v. Carlsbad Bancorporation, Inc.
  972 F.2d 1545· 10th Cir.· 1992-08-28 ·cited 10×
  The court affirmed the district court's grant of summary judgment and dismissal of claims, finding that 12 U.S.C. § 215 applied to the merger, the Comptroller's appraisal was valid, RICO claims lacked continuity, and securities fraud claims failed on causation.
• Johnson v. Martin
  943 F.2d 15· 7th Cir.· 1991-09-12 ·cited 10×
  A probationary police officer's discharge and placement of positive drug test results in his personnel file does not violate his liberty interest in reputation without public disclosure of the stigmatizing information.
• Apr Energy, LLC v. Pakistan Power Res., LLC
  653 F. Supp. 2d 1227· M.D. Fla.· 2009-08-28 ·cited 9×
  The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to dismiss Counts I, II, and III, and granting the motion to dismiss Counts VI and VII.
• In re Smith Gardner
  214 F. Supp. 2d 1291· S.D. Fla.· 2002-03-19 ·cited 8×
  The court affirmed the Magistrate Judge's report and recommendation, granting the defendant's motion to dismiss the consolidated amended class action complaint without prejudice.
• Sanders v. Mayor's Jewelers, Inc.
  942 F. Supp. 571· S.D. Fla.· 1996-08-02 ·cited 8×
  The court held that the Florida Civil Rights Act (FCRA) does not permit individual liability for the claims asserted, and that punitive damage claims under state law must comply with Fla.Stat. § 768.72, which the plaintiff failed to do.
• Medina v. Minerva
  907 F. Supp. 379· M.D. Fla.· 1995-11-21 ·cited 7×
  A prisoner's claim for damages under 42 U.S.C. § 1983, which challenges the validity of their conviction or sentence, is premature and must be dismissed if the conviction or sentence has not yet been invalidated.
• Pension Benefit Guar. Corp. v. White Consol. Indus., Inc.
  998 F.2d 1192· 3d Cir.· 1993-06-30 ·cited 7×
  The court held that a transaction does not become effective for purposes of 29 U.S.C. § 1369 until the transferor ceases making substantial contributions to the pension plan, and that a sham transaction claim under § 1362 survives dismissal.
• Sterling Call v. Sumitomo Bank OF Cal.
  881 F.2d 626· 9th Cir.· 1989-07-26 ·cited 7×
  The court held that ERISA does not provide a cause of action for contribution among co-fiduciaries, but reversed the dismissal of a breach of fiduciary duty claim because the plans may not have been fully compensated by a settlement.
• Rios v. Bakalar & Assocs., P.A.
  795 F. Supp. 2d 1368· S.D. Fla.· 2011-06-13 ·cited 6×
  A debt collector's attempt to collect a debt discharged in bankruptcy can violate the FDCPA's prohibition against false or misleading representations, and the Bankruptcy Code does not preclude such claims.
• Intercoastal Realty, Inc. v. Tracy
  2010 WL 1510848· S.D. Fla.· 2010-04-16 ·cited 6×
  The court held that a real estate company, as a third-party beneficiary, could not sue for breach of contract when the sale was to an LLC, not the individual named in the option, but could pursue claims for conspiracy to deprive a broker of commission and violation of FDUTPA.
• Portofino S. Condo. Ass'n v. QBE Ins.
  664 F. Supp. 2d 1265· S.D. Fla.· 2009-09-24 ·cited 6×
  A claim for breach of the implied covenant of good faith and fair dealing in a first-party insurance contract is subsumed within a statutory bad faith action under Florida law and is premature if brought before coverage litigation is adjudicated.
• Morris v. ADT Sec. Servs.
  580 F. Supp. 2d 1305· S.D. Fla.· 2008-10-03 ·cited 6×
  The court held that the plaintiffs adequately pleaded claims for violation of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) and unjust enrichment, and therefore denied the defendant's motion to dismiss.
• Seidle v. Nat'l Ass'n of Sec. Dealers, Inc.
  248 F. Supp. 2d 1140· M.D. Fla.· 2003-01-08 ·cited 6×
  The court held that the click agreements were valid and enforceable, prohibiting the commercial use of the PDP web site content, and therefore dismissed the plaintiffs' claims.
• Webster v. NEW Lenox Sch. Dist. NO. 122 & Alex M. Martino
  917 F.2d 1004· 7th Cir.· 1990-11-06 ·cited 6×
  A public school teacher does not have a First Amendment right to dictate curriculum content, and a school board may prohibit teaching creation science due to Establishment Clause concerns.
• Alphamed Pharms. Corp. v. Arriva Pharms., Inc.
  391 F. Supp. 2d 1148· S.D. Fla.· 2005-01-05 ·cited 5×
  The court held that the plaintiff failed to state a claim for declaratory relief regarding patent infringement and for false advertising under the Lanham Act, as the defendant's activities were either not imminent or protected by statutory safe harbors.
• Smartt v. First Union Nat'l Bank
  245 F. Supp. 2d 1229· M.D. Fla.· 2003-01-29 ·cited 5×
  The court held that the plaintiff's claims must be dismissed for lack of subject matter jurisdiction and granted the defendants' motion for attorney's fees and costs due to vexatious litigation.
• Variety Child's. Hosp., Inc. v. Blue Cross/Blue Shield of Florida
  942 F. Supp. 562· S.D. Fla.· 1996-07-29 ·cited 5×
  The court held that Variety's breach of contract claim is an ERISA claim, not preempted, and its promissory estoppel claim is not preempted as it's brought by a third-party provider. Yoder's breach of contract claim is dismissed without prejudice for failure to plead exhaustion,
• Small v. Amgen, Inc.
  2014 U.S. Dist. LEXIS 28904· M.D. Fla.· 2014-03-06 ·cited 4×
  The court held that the Fourth Amended Complaint did not constitute a shotgun pleading and that plaintiffs had plausibly stated claims for strict liability (design defect and failure to warn), breach of express warranty, and negligence, but dismissed the negligence claim to the e
• Lazarre v. JPMorgan Chase Bank, N.A.
  780 F. Supp. 2d 1330· S.D. Fla.· 2011-06-23 ·cited 4×
  The court held that the plaintiff's allegations were sufficient to state a plausible claim for violations of the Fair Credit Reporting Act (FCRA) sections 1681e(b) and 1681i(a), thus denying the defendant's motion to dismiss.
• Berg v. Merchs. Ass'n Collection Div., Inc.
  586 F. Supp. 2d 1336· S.D. Fla.· 2008-10-31 ·cited 4×
  The court held that a debt collector's pre-recorded voicemail messages left at a debtor's residence, which could be overheard by third parties, state a plausible claim under the FDCPA and FCCPA, and that such an interpretation does not violate the First Amendment.
• Doe v. Faerber Ex Rel. Estate of Faerber
  446 F. Supp. 2d 1311· M.D. Fla.· 2006-08-14 ·cited 4×
  The court held that the plaintiff sufficiently stated claims for relief under 42 U.S.C. § 1983 and Title IX against the School Board, and a negligence claim against Mrs. Faerber as a landowner, thus denying in part and granting in part various motions to dismiss.
• Wilson v. De Angelis
  156 F. Supp. 2d 1335· S.D. Fla.· 2001-06-27 ·cited 4×
  The court held that the economic loss rule bars claims for fraud and negligent misrepresentation against U.S. Coin, but allows amendment for fraudulent inducement, and denies dismissal for RICO, unjust enrichment, and rescission claims against De Angelis and U.S. Coin.
• In re Physician Corp. of Am. Sec. Litig.
  50 F. Supp. 2d 1304· S.D. Fla.· 1999-02-18 ·cited 4×
  The court denied the defendants' motion to dismiss the consolidated and amended complaint, finding that the plaintiffs had sufficiently pleaded claims for violations of securities laws.
• Concerned Citizens OF Neb. (CCN) v. United States Nuclear Regulatory Comm'n (NRC)
  970 F.2d 421· 8th Cir.· 1992-07-06 ·cited 4×
  The court held that the district court lacked jurisdiction over statutory challenges to NRC regulations, but had jurisdiction over constitutional claims. The court affirmed the dismissal of Supremacy Clause, Ninth Amendment, and Equal Protection claims.
• 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.
• Ellis v. EL Paso Natural GAS Co.
  754 F.2d 884· 10th Cir.· 1985-02-11 ·cited 4×
  The court held that the trial court properly dismissed the retaliatory discharge claim and granted summary judgment on the breach of contract claim.
• Fabricant v. Kemper Independence Ins.
  474 F. Supp. 2d 1328· S.D. Fla.· 2007-02-09 ·cited 3×
  The court held that the hurricane deductible endorsement, which stated no other deductible applied to hurricane-caused damage, applied to the loss assessment claim, even though the claim arose from an 'Additional Coverages' section.
• Gerber v. Longboat Harbour N. Condo.
  724 F. Supp. 884· M.D. Fla.· 1989-11-17 ·cited 3×
  Judicial enforcement of condominium rules restricting flag display constitutes state action, violating the First and Fourteenth Amendments, and Florida Statute § 718.113(4).
• Newcome v. Hernando Cnty. Sheriff's Off.
  M.D. Fla.· 2022-02-02 ·cited 2×
  The court held that the Hernando County Sheriff's Office is not a suable entity and dismissed claims against it, while also dismissing various other claims for failure to state a claim or due to shotgun pleading, granting leave to amend.
• S. Y. v. Naples Hotel Co.
  M.D. Fla.· 2021-04-13 ·cited 2×
  The court held that the complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, denying the defendants' motion to dismiss.
• Hucke v. Kubra Data Transfer Ltd.
  2015 U.S. Dist. LEXIS 176218· S.D. Fla.· 2015-11-09 ·cited 2×
  The court held that common law claims and FDUTPA claims cannot be premised solely on violations of the Money Transmitter Statute, as the statute does not expressly provide a private right of action or proscribe unfair/deceptive practices.