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

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

• Jennings Constr. Servs. Corp. v. ACE Am. Ins.
  783 F. Supp. 2d 1209· M.D. Fla.· 2011-05-10 ·cited 2×
  The court held that a claims-made-and-reported insurance policy requires notice of a claim within the policy period as a condition precedent to coverage, and failure to do so precludes coverage regardless of prejudice to the insurer.
• Law Offs. of David J. Stern, P.A. v. Scor Reinsurance Corp.
  354 F. Supp. 2d 1338· S.D. Fla.· 2005-02-02 ·cited 2×
  A plaintiff's prior suit against an agent does not constitute a binding election of remedies preventing a subsequent suit against an undisclosed principal, and a tortious interference claim is not barred by the economic loss doctrine if it alleges distinct damages and facts from
• Caravello v. Am. Airlines, Inc.
  315 F. Supp. 2d 1346· S.D. Fla.· 2004-04-06 ·cited 2×
  The court held that the plaintiff's breach of contract claim for wrongful termination was preempted by the Railway Labor Act (RLA) because it constituted a 'minor dispute' requiring interpretation of the collective bargaining agreement.
• Lopez v. First Union Nat'l Bank
  931 F. Supp. 860· S.D. Fla.· 1996-07-08 ·cited 2×
  A financial institution is granted blanket immunity from civil liability for disclosures of suspicious transactions made pursuant to federal law or court order, including electronic fund transfers.
• Hane Cypress McLeaish v. The Sch. Dist. of Escambia Cnty.
  2017 WL 1153895· N.D. Fla.· 2025-12-08 ·cited 1×
  The court held that the plaintiff failed to exhaust administrative remedies for some claims and failed to state a claim for others, including sex discrimination and retaliation.
• A.D. v. Best W. Int'l, Inc.
  2023 WL 2955712· M.D. Fla.· 2023-08-25 ·cited 1×
  The court held that the plaintiff sufficiently pleaded claims against Apex Hospitality LLLP for beneficiary liability under the TVPRA, but not against Best Western International, Inc.
• Moss v. Walgreen Co.
  765 F. Supp. 2d 1363· S.D. Fla.· 2011-03-08 ·cited 1×
  The court held that the plaintiff sufficiently alleged claims for violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and breach of express warranty, and thus denied the defendant's motion to dismiss.
• Sandalwood Ests. Homeowner's Ass'n v. Empire Indem. Ins.
  665 F. Supp. 2d 1355· S.D. Fla.· 2009-10-20 ·cited 1×
  A plaintiff cannot bring a statutory bad faith claim against an insurer's parent company without alleging a direct contractual relationship or properly perfecting notice requirements.
• In re United States Sugar
  669 F. Supp. 2d 1301· S.D. Fla.· 2009-04-28 ·cited 1×
  The court granted in part and denied in part defendants' motions to dismiss, finding that some claims were properly pleaded while others were not, or were subject to dismissal on grounds like failure to exhaust administrative remedies or lack of standing.
• King v. Movieickets. Com, Inc.
  555 F. Supp. 2d 1339· S.D. Fla.· 2008-05-20 ·cited 1×
  The court held that an electronically transmitted email confirmation containing credit card information is not a "receipt" "printed" under 15 U.S.C. § 1681c(g), and thus, the defendant did not violate the statute.
• Belknap v. Hartford Life & Accident Ins. Co.
  389 F. Supp. 2d 1320· M.D. Fla.· 2005-06-09 ·cited 1×
  The court held that the insurance policy was governed by ERISA because the employer's actions indicated endorsement, thus preempting state law claims.
• Craig v. Park Fin. of Broward Cnty., Inc.
  390 F. Supp. 2d 1150· M.D. Fla.· 2005-04-26 ·cited 1×
  The court held that Park Finance, as a creditor collecting its own debt, is not a 'debt collector' under the FDCPA, and dismissed claims against it, while staying claims against the attorney due to bankruptcy.
• P.J. v. Gordon
  359 F. Supp. 2d 1347· S.D. Fla.· 2005-01-24 ·cited 1×
  The School Board cannot be held liable for the charter school employee's misconduct because neither the statute, the charter agreement, nor common law imposed a duty on the School Board to supervise the hiring, training, or supervision of the charter school's employees or to ensu
• Wilson v. Ake
  354 F. Supp. 2d 1298· M.D. Fla.· 2005-01-19 ·cited 1×
  The court held that the Defense of Marriage Act (DOMA) and Florida Statutes § 741.212 are constitutional, and that there is no fundamental right to same-sex marriage under the Constitution.
• Bridges v. Provident Life & Accident Ins. Co.
  121 F. Supp. 2d 1369· M.D. Fla.· 2000-10-20 ·cited 1×
  Florida's bad faith statute, Fla. Stat. § 624.155, is preempted by ERISA because it does not fall within ERISA's savings clause, and therefore, a claim under this statute fails to state a claim upon which relief can be granted.
• Diversified Servs., Inc. v. Simkins Indus., Inc.
  974 F. Supp. 1448· S.D. Fla.· 1997-03-26 ·cited 1×
  The court affirmed the magistrate judge's recommendation, granting summary judgment for the plaintiff on Count VII, denying the defendant's motion for partial summary judgment, and dismissing state law claims (Counts III-VI) for lack of supplemental jurisdiction, while denying di
• In re Cascade Int'l Sec. Litig.
  894 F. Supp. 437· S.D. Fla.· 1995-06-27 ·cited 1×
  The court held that a defendant accountant's failure to publicly correct a company's potentially misleading SEC filing, absent a duty to disclose, does not constitute a primary violation of Section 10(b) after the Supreme Court's decision in Central Bank.
• 701 NPB Assocs. v. Fed. Deposit Ins. Corp.
  779 F. Supp. 1336· S.D. Fla.· 1991-12-02 ·cited 1×
  The court denied the FDIC's motion to dismiss, finding that the plaintiff's complaint sufficiently stated claims for declaratory judgment regarding the timeliness of the lease repudiation, for arbitrary repudiation, for damages, and for a Fifth Amendment taking.
• African People's Educ. & Def. Fund, Inc. v. Pinellas Cnty.
  11th Cir.· 2026-07-29
  First Amendment retaliation claims brought by applicants for government grants and subsidies are not barred by Board of County Commissioners v. Umbehr, which reserved judgment on new applicants; instead, grant applicants receive the same First Amendment protection as ordinary cit
• Frederic P. McCann v. CP Direct LLC
  Del. Super. Ct.· 2026-02-12
  Frederic McCann, former CFO of CP Direct LLC, sued for wrongful termination and breach of his employment agreement, bringing five counts including breach of contract, implied covenant of good faith and fair dealing, promissory estoppel, tortious interference, and intentional infl
• McKenzie v. BDO USA, P.C.
  Del. Ch.· 2026-01-26
  A former BDO partner sued the firm and its board members after they reclassified his equity interest from variable to fixed shares upon learning of his resignation, reducing his payout. The Delaware Court of Chancery dismissed all claims, holding that the partnership agreement's
• Flex Ltd. v. Nextracker Inc.
  Del. Ch.· 2026-01-21
  Flex Ltd. sought payment from Nextracker for a Q3 2024 tax distribution ($48.5 million) covering pre-spin-off earnings, claiming breach of separation agreement provisions. The Delaware Court of Chancery held that the Tax Matters Agreement, executed on the spin-off date, specifica
• Hayes v. Chipotle Mexican Grill, LLC
  M.D. Fla.· 2026-01-09
  The court held that the plaintiff failed to state a claim under the Americans with Disabilities Act because he did not allege facts demonstrating a disability or that any adverse action was based on such a disability. The court granted leave to amend.
• Enrico DeLuca v. MW Int'l Ventures LLC
  S.D. Fla.· 2025-12-29
  The court recommended denying the motion to dismiss, finding the plaintiff's amended complaint sufficiently alleged facts to state a plausible claim for FLSA violations.
• Bur-Tex Hosiery, Inc. v. Guardiola
  S.D. Fla.· 2025-12-08
  The court held that the fraud claim was not barred by the independent tort doctrine or the UCC, but granted dismissal for failure to state a claim with particularity under Rule 9(b).
• Rosencrans v. Bronz Glow Techs., Inc.
  M.D. Fla.· 2025-12-08
  The court held that the plaintiff failed to state a claim for unpaid minimum or overtime wages under the FLSA and declined to exercise supplemental jurisdiction over the remaining state law claims.
• Landstar Blue, LLC v. Perfect 1, LLC
  M.D. Fla.· 2025-12-05
  The court held that a breach of contract claim for indemnification between a broker and carrier is not preempted by the Carmack Amendment, but a claim for unlawful brokerage activities fails for lack of factual allegations.
• Carter v. Garmman
  M.D. Fla.· 2025-12-01
  The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state a claim, but granted the plaintiff one opportunity to file a second amended complaint.
• Alford v. Pasco-Pinellas Hillsborough Cmty. Health Sys., Inc.
  M.D. Fla.· 2025-11-25
  The court held that the plaintiff failed to exhaust administrative remedies for her race and sex discrimination claims under Title VII and the FCRA because her EEOC charges only alleged retaliation, and further amendment would be futile as the claims are time-barred.
• Taylor v. Noem
  S.D. Fla.· 2025-11-24
  The court held that the plaintiff's claims are time-barred and that she has failed to sufficiently plead equitable tolling or Rule 15 relation-back.
• Fouts v. Lee Cnty. Jail
  M.D. Fla.· 2025-11-18
  The court held that the plaintiff's complaint failed to state a plausible claim for a constitutional violation regarding jail visitation.
• Martino v. Marlewski
  M.D. Fla.· 2025-11-14
  A judge is entitled to Eleventh Amendment immunity and absolute judicial immunity for actions taken in her official capacity, and a state is not a 'person' under § 1983, warranting dismissal of the complaint.
• Scott A. Saveraid Tr. for Scott A. Saveraid Revocable Tr. v. QBE Specialty Ins. Co.
  M.D. Fla.· 2025-11-07
  The court held that a declaratory judgment claim is not duplicative of a breach of contract claim, but an unjust enrichment claim for overpayments is barred by the existence of an express insurance contract covering the same subject matter.
• Irish Horton v. Beacon Woods E. Master Ass'n, Inc.
  M.D. Fla.· 2025-11-05
  The court held that the plaintiff failed to sufficiently plead claims for race-based discrimination under the Fair Housing Act, 42 U.S.C. §§ 1981 and 1982, and intentional infliction of emotional distress, as the allegations primarily focused on disability discrimination.
• Claudine Sisca v. City Furniture, Inc.
  M.D. Fla.· 2025-10-02
  The court held that the plaintiff sufficiently pleaded hostile work environment claims under Title VII and the Florida Civil Rights Act, and a battery claim against the employer based on vicarious liability.
• Stabil Concrete Pavers, LLC v. Allied Prop. & Cas. Ins. Co.
  M.D. Fla.· 2025-09-16
  The court held that a breach of contract claim for failure to defend is not premature, but a common law bad faith claim is premature until coverage is determined.
• Rollins v. Premier Motorcars Inc
  N.D. Fla.· 2025-07-15
  The court held that the plaintiff's federal claims under the Truth in Lending Act and the FTC Act fail to state a claim, and the breach of contract claim does not arise under federal law. Remaining state law claims are dismissed for lack of jurisdiction.
• Byrd v. Fla. Int'l Univ.
  S.D. Fla.· 2025-07-14
  The court held that the plaintiff adequately alleged race and national origin discrimination under Title VII, but claims under 42 U.S.C. § 1981 were dismissed due to Eleventh Amendment immunity, and leave to amend was denied.
• Rav Bahamas, Ltd. v. Genting Americas, Inc.
  S.D. Fla.· 2025-07-01
  The court held that the plaintiff's claims were derivative in nature and must be brought on behalf of the corporation, requiring the joinder of an indispensable party that would likely destroy diversity jurisdiction.
• Zozo Invs. LLC v. First Cmty. Ins. Co.
  M.D. Fla.· 2025-06-25
  A breach of contract claim under the National Flood Insurance Program is time-barred if filed more than one year after the mailing of the initial denial letter, regardless of whether that denial was based on a sworn proof of loss.
• Davis v. Lane
  M.D. Fla.· 2025-06-17
  The court held that Plaintiff's claims against Defendant Lane are dismissed, official capacity claims for damages are dismissed, and the request for termination of an employee is stricken, but claims against Defendants Pope-Jones and Boone regarding excessive force and failure to
• Oliver v. Wright Nat'l Flood Ins. Co.
  M.D. Fla.· 2025-06-06
  The court held that the plaintiff's lawsuit was timely filed within one year of the insurer's denial of her claim, and the issue of prejudice from a late proof of loss is a question of fact not suitable for dismissal at this stage.
• Venisee v. Miami-Dade Cnty.
  S.D. Fla.· 2025-05-28
  The court held that Sergeant Marckioli is entitled to qualified immunity because his use of deadly force was objectively reasonable under the circumstances, and even if it were not, the right was not clearly established.
• Hall v. Battelle Mem'l Inst.
  M.D. Fla.· 2025-04-23
  The court held that the plaintiff sufficiently pleaded claims for retaliation under the False Claims Act and Florida's Private Whistleblower Act, denying the defendant's motion for judgment on the pleadings.
• Ornes v. Humphries
  M.D. Fla.· 2025-04-07
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations of cell door rattling did not establish an objective substantial risk of serious harm or a sufficiently culpable state of mind, nor did he allege official policy as the moving
• Martini v. Am. Bankers Ins. Co. of Fla.
  M.D. Fla.· 2025-04-04
  A lawsuit under the National Flood Insurance Act must be filed within one year of the initial partial denial of a claim, and subsequent submissions of supplemental proofs of loss do not restart or toll the limitations period. The limitations period was triggered by the November 1
• Davis v. Orange Cnty.
  M.D. Fla.· 2025-03-30
  The court held that issuing written reprimands, which had no effect on employment terms or conditions, did not constitute an adverse employment action, and therefore the plaintiff's opposition to issuing them was not protected activity.
• Lagrimas v. MSC Cruises S.A.
  S.D. Fla.· 2025-03-28
  The Court held that the plaintiff sufficiently alleged notice of the dangerous condition through the presence of a warning sign, thus denying the motion to dismiss.
• Thompson v. Centurion of Fla. LLC
  N.D. Fla.· 2025-03-27
  The court held that the plaintiff failed to state plausible claims for ADA violations, First Amendment retaliation, and Eighth Amendment deliberate indifference, but granted leave to amend.
• Henawy v. Mayorkas
  M.D. Fla.· 2025-03-13
  The court held that plaintiffs have plausibly alleged unreasonable delay in the adjudication of their asylum application under the APA, and thus denied the motion to dismiss those claims.