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M.D. Fla.·
2025-03-07
The court held that the plaintiff failed to state a claim for negligence because Florida law does not impose a duty on banks to investigate transactions, and the plaintiff failed to plead facts demonstrating procedural or substantive unconscionability in the banking agreements.
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M.D. Fla.·
2025-03-05
The court held that the plaintiff's claims for quiet title, fraud, securities violations, and recoupment/disgorgement failed to state a claim upon which relief could be granted and were dismissed.
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S.D. Fla.·
2025-01-22
The court held that allegations regarding the placement of friction strips sufficiently pleaded notice for a general negligence claim, but the failure to warn claim was dismissed for failing to allege the danger was not open and obvious.
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S.D. Fla.·
2024-12-19
The court held that a plaintiff may plead promissory estoppel in the alternative to a breach of contract claim, even if an express contract exists, if the alleged promises fall outside the contract's terms.
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M.D. Fla.·
2024-12-02
Plaintiff Libreros sued his former employer Aviva Senior Living for FMLA violations, claiming interference and retaliation after his termination. The court granted defendant's motion to dismiss the Second Amended Complaint for failure to adequately allege a qualifying serious hea
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M.D. Fla.·
2024-10-25
The court held that the plaintiff failed to state a plausible claim against the supervisory defendants for failure to protect, negligent hiring, or negligent training.
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S.D. Fla.·
2024-10-25
The court held that the plaintiff failed to adequately allege actual or constructive notice of the dangerous condition (cockroaches) to support her maritime negligence claim.
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S.D. Fla.·
2024-10-11
The court held that the FLSA claims were time-barred and state law claims were preempted by the FLSA, warranting dismissal.
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M.D. Fla.·
2024-09-30
The court held that the plaintiffs adequately pleaded securities fraud claims, denying the defendants' motion to dismiss.
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N.D. Fla.·
2024-09-17
The court recommended denying the defendants' motion to dismiss the plaintiff's claims for compensatory and punitive damages.
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N.D. Fla.·
2024-09-03
The court held that the plaintiff's allegations of a lack of heat in his jail cell, without more, did not rise to the level of an "extreme" condition that would violate the Fourteenth Amendment, and thus failed to state a claim under 42 U.S.C. § 1983.
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S.D. Fla.·
2024-08-23
The court recommended dismissal of the negligence and failure to warn claims for insufficient factual allegations regarding notice, but found the failure to render medical aid claim, including punitive damages, was sufficiently pleaded.
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N.D. Fla.·
2024-08-12
The court held that the plaintiff failed to state a claim for breach of fiduciary duty under ERISA, a federal regulation, or the Federal Reserve Act, and also failed to state a claim under the Truth in Lending Act due to the statute of limitations.
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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
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M.D. Fla.·
2024-07-29
The court denied the motion to dismiss the breach of contract claim, finding it was not preempted by the FLSA and was sufficiently pleaded.
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M.D. Fla.·
2024-07-15
The court held that a plaintiff need only generally allege fulfillment of conditions precedent to filing suit, and the defendant must specifically deny them to raise the issue.
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S.D. Fla.·
2024-06-18
Jane Doe sued the City of Miami and three police officers for conducting a strip search and body cavity search without proper authorization or sanitary conditions. The district court granted in part and denied in part the defendants' motion to dismiss, holding that the City is no
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M.D. Fla.·
2024-06-10
The court held that the plaintiff's allegations of negligence in failing to assist her into a transport van do not rise to the level of a constitutional violation under the Eighth Amendment.
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M.D. Fla.·
2024-06-04
The court granted in part and denied in part the motion to dismiss, ordering dismissal of certain counts and punitive damages while allowing others to proceed with an amended complaint.
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M.D. Fla.·
2024-04-23
The court held that the third amended complaint was still a shotgun pleading and failed to state a claim, but granted the pro se plaintiff one final opportunity to amend.
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M.D. Fla.·
2024-04-11
The court held that the plaintiffs' allegations, if true, plausibly suggest intentional discrimination and are sufficient to survive a motion to dismiss, as discovery is needed to determine if the conduct meets the threshold for adverse employment actions.
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M.D. Fla.·
2024-04-09
A complaint alleging false arrest based on a warrant must be dismissed as it fails to state a claim for malicious prosecution, and claims lacking factual allegations of no probable cause are also dismissed.
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S.D. Fla.·
2024-02-29
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted and lacked subject matter jurisdiction.
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S.D. Fla.·
2024-02-28
A defendant cannot use state statutory immunity to shield herself from liability under the federal Fair Housing Act, especially when willful violations are alleged.
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M.D. Fla.·
2024-02-20
The court held that a plaintiff must plead specific facts showing temporal proximity or other evidence of causation to support an FLSA retaliation claim, and vague allegations of hostility are insufficient.
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M.D. Fla.·
2024-02-14
The court held that the plaintiff's complaint, while containing sufficient allegations for discrimination and retaliation claims, was dismissed as a shotgun pleading due to improper mixing of claims and confusing paragraph structure, with leave to amend.
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S.D. Fla.·
2024-02-07
Shenzhen Hengzechen Technology Co., Ltd. sued multiple defendants for patent infringement under 35 U.S.C. § 271, alleging they manufactured and sold products infringing its utility patent for an under-sink waterproof mat. Four defendants moved to dismiss, arguing the complaint fa
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S.D. Fla.·
2024-02-06
A plaintiff need not plead facts sufficient to establish a prima facie case under McDonnell Douglas to survive a motion to dismiss for claims under 42 U.S.C. § 1981.
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M.D. Fla.·
2024-02-01
The court held that defendants' objection to the magistrate judge's report regarding the FLSA anti-kickback provision claim was overruled, and the motion to dismiss was denied.
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M.D. Fla.·
2024-01-31
The court held that a claim for deliberate indifference to a serious medical need against a county is plausible on its face, but a state law claim for negligent supervision is barred by failure to comply with statutory pre-suit notice requirements.
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M.D. Fla.·
2024-01-26
The court held that the plaintiff failed to state a plausible claim for deliberate indifference against any of the named defendants, and thus granted the motion to dismiss.
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M.D. Fla.·
2024-01-23
The court held that Plaintiff's racial and disability discrimination claims could proceed, but her religious discrimination claims were dismissed with prejudice.
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M.D. Fla.·
2024-01-23
The court adopted the magistrate judge's report and recommendation, granting in part the defendants' motion to dismiss.
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M.D. Fla.·
2023-12-21
The court held that allegations of mere ownership and control are insufficient to pierce the corporate veil, but a claim under FDUTPA may proceed if the individual directly participated in the improper conduct.
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M.D. Fla.·
2023-12-06
The court held that the plaintiff plausibly alleged a claim for retaliation under the Florida Whistleblower's Act, and therefore, the defendant's motion to dismiss was denied.
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M.D. Fla.·
2023-11-03
The court held that the plaintiff failed to state plausible claims for relief in his complaint, as the allegations were too conclusory and lacked specific factual support.
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S.D. Fla.·
2023-10-04
The court held that a pro se plaintiff's complaint, which lacked specific factual allegations and clarity regarding claims against defendants, failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2023-10-04
The court held that the plaintiffs' complaint stated a plausible claim for relief under RESPA and Regulation X, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2023-09-19
The court held that the plaintiff's complaint was a "shotgun pleading" and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2023-09-13
The court held that the plaintiff failed to state a claim upon which relief could be granted and dismissed the fourth amended complaint with prejudice.
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M.D. Fla.·
2023-08-25
The court held that Choice Hotels International, Inc. did not sufficiently plead participation in a sex trafficking venture, warranting dismissal, while R&M Real Estate Company, Inc. and the individual defendants did sufficiently plead participation and knowledge, thus denying th
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M.D. Fla.·
2023-08-22
The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim against any defendant.
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S.D. Fla.·
2023-08-16
The court held that the plaintiff adequately alleged a claim for failure to accommodate under the ADA, and that the existence of a 'Light Duty Fire Engineer' position presented a question of fact not resolvable on a motion to dismiss.
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M.D. Fla.·
2023-08-08
The court held that the plaintiff's claims for race discrimination under 42 U.S.C. § 1981, FMLA retaliation and interference, and Florida's Private Whistleblower Act were insufficiently pleaded and dismissed them with leave to amend.
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S.D. Fla.·
2023-07-27
A motion to dismiss for failure to state a claim is denied when the complaint sufficiently alleges a maritime contract, material breach, and damages, and the defendant's arguments involve affirmative defenses or require fact-intensive contract interpretation not suitable for the
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M.D. Fla.·
2023-06-27
The court held that a plaintiff's claim under 42 U.S.C. § 1981 survives dismissal when they allege a complete denial of service at one store location due to race, even if they later complete the transaction at another location of the same company. The court also held that state l
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M.D. Fla.·
2023-05-31
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 and was procedurally deficient. The court also denied the request for injunctive relief.
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M.D. Fla.·
2023-05-25
The court held that the defendant failed to meet his burden to show the plaintiff did not exhaust administrative remedies and that the plaintiff's claim for declaratory relief may proceed, but claims for monetary damages against the defendant in his official capacity are barred b
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S.D. Fla.·
2023-05-23
The court held that the plaintiff failed to adequately allege actual or constructive notice for negligence claims and failed to plead vicarious liability with sufficient particularity.
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M.D. Fla.·
2023-05-02
The court held that an HOA can be liable under the FCCPA and that attorney fees can be considered 'debt' under both the FDCPA and FCCPA, denying the motion to dismiss.