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M.D. Fla.·
2023-04-24
The court held that the plaintiff plausibly alleged claims for negligent supervision and retention, battery, intentional infliction of emotional distress, and negligence, and thus denied in part and granted in part the motion to dismiss.
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M.D. Fla.·
2023-04-18
A franchisor's receipt of royalty fees and room revenue does not constitute participation in a sex trafficking venture under the TVPRA when the complaint alleges only that the franchisor failed to prevent trafficking or took ineffective steps to stop it. Failure to affirmatively
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S.D. Fla.·
2023-04-18
A breach of contract claim for interest on insurance payments is barred if it is solely based on the insurer's failure to comply with a statutory provision that expressly prohibits private causes of action for such failures.
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M.D. Fla.·
2023-03-27
The court held that the plaintiffs plausibly alleged claims for relief under the ADA, Section 504, and the Florida Constitution, and therefore the motion to dismiss was denied.
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M.D. Fla.·
2023-03-07
The court held that the negligent misrepresentation claim was not pled with sufficient particularity under Rule 9(b) and dismissed it with leave to amend, while denying dismissal of the breach of contract claim regarding consequential damages.
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M.D. Fla.·
2023-02-27
The court held that the amended complaint sufficiently alleged facts to support claims for punitive damages and negligence, but improperly commingled claims in Count I, warranting dismissal without prejudice.
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S.D. Fla.·
2023-02-01
The court accepted the Magistrate Judge's Report and Recommendation, denying dismissal of the ADA claim while granting dismissal of state law claims without prejudice, allowing Plaintiff one final opportunity to amend.
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M.D. Fla.·
2023-01-10
The court granted in part and denied in part the motion to dismiss, allowing claims regarding the COBRA notice's clarity to proceed while dismissing claims about the plan administrator identification.
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M.D. Fla.·
2022-12-21
A supervisor cannot be held liable under § 1983 for subordinates' actions unless they personally participated or there's a causal connection, and mere negligence does not violate the Constitution.
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S.D. Fla.·
2022-11-07
The court held that the officers were entitled to qualified immunity because they had arguable probable cause to arrest the plaintiff for breach of the peace or public nuisance, even if not for indecent exposure. The court also dismissed the municipal liability claim against the
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M.D. Fla.·
2022-11-02
Claims against supervisory defendants are dismissed because liability under § 1983 cannot be premised on vicarious liability alone, and the plaintiff failed to allege personal participation or a causal connection.
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M.D. Fla.·
2022-10-31
The court held that a plaintiff must allege personal participation in a constitutional violation for Bivens claims against supervisors, and that mere negligence does not constitute deliberate indifference.
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M.D. Fla.·
2022-10-14
Claims against former Sheriff Mike Williams and State Attorney Melissa Nelson are dismissed without prejudice, as Plaintiff fails to state a plausible claim for relief against them.
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S.D. Fla.·
2022-09-21
The court granted leave to amend to add claims against new defendants but denied leave to add a spoliation claim against the original defendant, finding it futile.
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M.D. Fla.·
2022-09-19
A prisoner's pro se complaint alleging a supervisor failed to adequately train officers is insufficient to state a claim under 42 U.S.C. § 1983 without specific factual allegations showing the supervisor's personal participation or a causal connection between the supervisor's act
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M.D. Fla.·
2022-08-24
A complaint alleging only negligence by prison officials does not state a claim under 42 U.S.C. § 1983, as it fails to allege a deprivation of a constitutional or federal right.
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S.D. Fla.·
2022-07-29
The court accepted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the defendant's motion to dismiss, allowing breach of contract and unjust enrichment claims to proceed while dismissing the negligence claim.
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M.D. Fla.·
2022-07-25
The court held that the contractual limitation of liability clause was ambiguous and denied dismissal on that ground, but granted dismissal of the unjust enrichment claim for failure to plead it properly as an alternative count.
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M.D. Fla.·
2022-07-18
The court held that the plaintiff's amended complaint failed to state claims for retaliation under the False Claims Act and Florida's Private Whistleblower Act, and for disability discrimination under the Rehabilitation Act, but the purported settlement agreement was not a basis
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M.D. Fla.·
2022-05-31
The court held that the School Board's restriction of public comment during a specific agenda item did not violate the First Amendment because the forum was limited, the restriction was reasonable and viewpoint neutral, and state law cannot expand federal constitutional rights.
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M.D. Fla.·
2022-03-28
The court denied the defendants' motion to dismiss, finding the plaintiff's claims for FMLA retaliation, age discrimination, and sex discrimination were plausible on their face.
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M.D. Fla.·
2022-03-24
Andrew Brown, a pre-trial detainee at the Jacksonville Sheriff's Office facility, sued Chaplain W. Thomas under § 1983 and RLUIPA alleging that Thomas violated his First and Fourteenth Amendment rights by denying his religious accommodation requests for a vegan diet and special P
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M.D. Fla.·
2022-03-22
The court held that defendants Schouest and Bowden are entitled to qualified immunity because plaintiff failed to state a plausible claim against them for deliberate indifference or due process violations related to their role as grievance responders. The court also found that pl
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M.D. Fla.·
2022-03-17
The court held that the defendant's motion to dismiss based on the WARN Act's natural disaster exception should be denied because the exception requires direct causation, which was not plausibly alleged by the defendant.
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M.D. Fla.·
2022-03-10
The court held that Plaintiff failed to exhaust administrative remedies for several claims, but other claims could proceed due to factual disputes or lack of challenge. The court also found the claims were not frivolous and were properly joined, with one exception.
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M.D. Fla.·
2022-03-02
The court denied the defendants' motion to dismiss, finding that the plaintiff's claims for breach of warranty under the Magnuson-Moss Warranty Act, breach of express and implied warranties, and violation of the Florida Deceptive and Unfair Trade Practices Act were sufficiently p
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S.D. Fla.·
2022-01-13
The court held that a prior dismissal with prejudice for claims based on Article 1 barred their reassertion, and that Article 2 did not constitute defamation by implication or republication, and was protected by fair reporting privileges.
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M.D. Fla.·
2021-12-22
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-12-08
The court denied the defendant's motion to dismiss, finding that the plaintiff sufficiently stated claims under the TCPA, FDCPA, and FCCPA.
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M.D. Fla.·
2021-12-03
The court held that the plaintiff failed to state claims under the Computer Fraud and Abuse Act (CFAA) due to insufficient allegations of damages, and lacked standing for claims under ERISA and COBRA because his rights had expired and he sought penalties, not benefits. Claims und
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S.D. Fla.·
2021-11-30
The court held that the plaintiff's claims were barred by the Rooker-Feldman doctrine, res judicata, statute of limitations, and lack of standing, and that the State of Florida was immune from suit.
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M.D. Fla.·
2021-10-20
The court held that Title II of the Civil Rights Act of 1964 does not apply to claims of pregnancy or gender discrimination, nor does it provide for compensatory damages for race discrimination.
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M.D. Fla.·
2021-09-29
The court held that the plaintiff failed to properly exhaust his administrative remedies as required by the PLRA, and the alleged unavailability of the process was not sufficiently demonstrated.
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S.D. Fla.·
2021-09-21
The court held that the second amended complaint sufficiently alleged facts to state a plausible claim for unpaid overtime wages under the FLSA, and the on-call time analysis is fact-specific and better suited for summary judgment.
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M.D. Fla.·
2021-09-14
The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment because the alleged incident was isolated and did not demonstrate the defendants' subjective awareness of a substantial risk of harm.
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S.D. Fla.·
2021-09-13
The court held that the presence of COVID-19 and resulting business alterations do not constitute direct physical loss or damage to the insured property, nor does it trigger civil authority coverage under the policy.
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M.D. Fla.·
2021-09-10
The court held that Count II, alleging a hostile work environment, must be dismissed because it improperly combined claims under Title VII and the Rehabilitation Act, and failed to state a claim for disability discrimination due to a hostile work environment.
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S.D. Fla.·
2021-09-09
The court held that session replay software recording website user activity does not intercept 'contents' of a communication under the Florida Security of Communications Act (FSCA), thus failing to state a claim.
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M.D. Fla.·
2021-09-09
Claims against supervisory defendants are dismissed because a plaintiff must allege personal participation or a causal connection between the supervisor's actions and the constitutional deprivation, not merely vicarious liability or the filing of a grievance.
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S.D. Fla.·
2021-08-31
The court held that the presence of COVID-19 and resulting government orders do not constitute 'direct physical loss or damage' required to trigger coverage under the insurance policy.
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M.D. Fla.·
2021-08-16
The court granted the motion to dismiss, finding the complaint failed to state a plausible claim and constituted a shotgun pleading, but granted leave to amend for most claims.
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M.D. Fla.·
2021-07-22
The court granted in part and denied in part the motion to dismiss, dismissing the declaratory judgment claim and partially dismissing the breach of fiduciary duty claim against a manager.
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S.D. Fla.·
2021-06-29
The court held that plaintiff failed to state a claim for declaratory judgment, breach of contract, or fraud in the inducement because the insurance policy required direct physical loss or damage, which was not alleged, and the fraud claim lacked particularity.
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S.D. Fla.·
2021-05-21
The court held that the plaintiff failed to allege sufficient facts to establish that Covid-19 constitutes a pollutant under the insurance policy's definition of a biological agent or hazardous substance.
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S.D. Fla.·
2021-05-20
The court held that the plaintiff failed to exhaust administrative remedies for her disability discrimination claims because these claims were not raised in her EEOC charge.
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M.D. Fla.·
2021-05-10
The complaint states a claim under 18 U.S.C. § 1595(a) by alleging that defendants participated in a venture by renting rooms to individuals they knew or should have known were engaged in sex trafficking, that they knowingly benefited financially from such rentals and related ser
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S.D. Fla.·
2021-05-04
The court held that the plaintiff failed to allege facts sufficient to establish direct physical loss or damage to its property, which is required to trigger coverage under the insurance policy for COVID-19 related claims.
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M.D. Fla.·
2021-04-09
The court held that the complaint sufficiently alleged a policy or custom of deliberate indifference to medical needs, and therefore denied the sheriff's motion to dismiss on those grounds, deferring the issue of causation.
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M.D. Fla.·
2021-04-08
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and the plaintiff failed to allege a physical injury as required by the PLRA.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a suable entity under 42 U.S.C. § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without a physical injury. The court dismissed the case without prejudice, allowing the plaintiff to refile with a proper d