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S.D. Fla.·
2021-03-29
The court held that the plaintiff's breach of contract claim failed because the anti-assignment clause in the settlement agreement was for the defendants' benefit and they had no affirmative obligation to enforce it. The court also held that the plaintiff's claim under Florida's
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M.D. Fla.·
2021-03-23
The court held that the plaintiff sufficiently alleged claims under the Truth in Lending Act (TILA) and the Florida Consumer Collection Practices Act (FCCPA), but dismissed the Fair Credit Reporting Act (FCRA) claim for failure to plead specific facts regarding the investigation
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M.D. Fla.·
2021-03-04
The court denied defendant's motion to dismiss the Florida RICO claim, finding the complaint adequately alleged an association-in-fact enterprise with a common purpose to profit from sex trafficking, a pattern of criminal activity involving multiple human trafficking predicate ac
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M.D. Fla.·
2021-02-18
The court granted in part and denied in part the motion to dismiss, dismissing several state law claims but allowing constitutional claims and malicious prosecution to proceed.
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M.D. Fla.·
2021-02-12
The court held that the plaintiff failed to state a plausible claim for relief under the Eighth or Fourteenth Amendments and that the Department of Health is not a suable 'person' under § 1983.
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M.D. Fla.·
2021-02-03
The court held that the complaint was a shotgun pleading and failed to state a claim under the Fourteenth Amendment, but denied the motion to stay as moot.
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M.D. Fla.·
2021-01-09
The court held that the defendants' motion to dismiss and request for judicial notice should be denied because the plaintiffs adequately pleaded a plausible claim for trademark infringement and cybersquatting.
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M.D. Fla.·
2021-01-08
The court held that claims against BLS are subject to arbitration and stayed them, while dismissing claims V-VIII against Oliver and El without prejudice for failure to meet pleading standards.
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S.D. Fla.·
2020-12-30
The court held that the plaintiff failed to sufficiently allege direct physical loss or damage to its property, which is a prerequisite for coverage under the insurance policy.
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S.D. Fla.·
2020-12-28
The court held that the plaintiff's complaint failed to allege direct physical loss or damage to the insured property, which is a prerequisite for coverage under the insurance policy for business interruption claims related to COVID-19.
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M.D. Fla.·
2020-12-03
The court held that the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs under the Eighth Amendment and failed to allege facts supporting an equal protection claim under the Fourteenth Amendment.
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M.D. Fla.·
2020-12-02
The court granted in part McKesson's motion to dismiss, dismissing the claims for breach of the implied duty of good faith and fair dealing and FDUTPA, but denied dismissal for the declaratory judgment claim.
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Del. Ch.·
2020-11-30
The Court granted in part and denied in part the seller's motion to dismiss the buyer's counterclaims. The motion to dismiss the counterclaim for specific performance was denied, as was the motion to dismiss the breach of contract counterclaim without prejudice. However, the moti
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S.D. Fla.·
2020-11-18
The court held that the defendant is not entitled to judgment on the pleadings for the plaintiff's common law unfair competition claim, as the complaint sufficiently alleged competition in the dietary supplement market.
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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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M.D. Fla.·
2020-11-06
The court held that the plaintiff's allegations were sufficient to state a claim for violations of the Fair Credit Reporting Act, thus denying the motion to dismiss.
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M.D. Fla.·
2020-11-06
The court held that Plaintiff's claims against Murphy and Bowden are dismissed, and certain claims against Pesina are dismissed, but excessive force, retaliation, and access to court claims against Pesina may proceed.
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M.D. Fla.·
2020-10-28
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to lack of constitutional duty, failure to allege conspiracy with specificity, prematurity of claims challenging state prosecution, and applicable immunities.
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S.D. Fla.·
2020-10-19
The court held that the plaintiff failed to plead fraud claims with particularity and that the conversion claim was not independent of the breach of contract claim.
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S.D. Fla.·
2020-09-18
The court affirmed and adopted the Magistrate Judge's report, denying defendants' motion for sanctions under Federal Rule of Civil Procedure 11.
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M.D. Fla.·
2020-08-18
The court denied the City of Venice's motion to dismiss Count I, finding the plaintiff sufficiently alleged a municipal custom of racial discrimination and causation.
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S.D. Fla.·
2020-08-14
The court held that the complaint plausibly alleged that the defendant acted as an unregistered securities dealer, and that the claim for injunctive relief was not premature.
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M.D. Fla.·
2020-07-24
The court granted in part and denied in part IBM's motion to dismiss, and granted MetLife's motion to dismiss, finding that Florida's impact rule barred most of the negligence claims, and that the ERISA claims failed to state a claim.
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M.D. Fla.·
2020-07-23
Claims related to an ERISA plan are preempted by ERISA, but claims with an independent factual basis may be re-alleged.
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M.D. Fla.·
2020-07-23
The court held that the plaintiff sufficiently stated a claim for retaliation under the Florida Whistleblower Act but failed to state claims under Title VII and the Florida Civil Rights Act due to untimely administrative filings and pleading defects.
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M.D. Fla.·
2020-07-17
A plan participant has statutory standing under ERISA to seek reimbursement for medical expenses paid for a dependent beneficiary, even if the participant did not personally receive the medical services.
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M.D. Fla.·
2020-06-22
The court held that a settlement offer, which requires full payment to be effective, does not render the original loan terms inaccurate on a credit report until the offer is fully accepted by performance. The court also found that reporting loan information without a "paying unde
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M.D. Fla.·
2020-06-12
The court held that the plaintiff failed to state claims for tortious interference, negligent misrepresentation, and fraud, and dismissed all counts with prejudice.
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M.D. Fla.·
2020-06-11
The court held that the plaintiff's second amended complaint failed to state a claim for relief, both for false arrest and excessive force.
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M.D. Fla.·
2020-05-14
The court denied the defendant's motion to dismiss the complaint, finding that the plaintiff had stated plausible claims for relief on all counts.
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S.D. Fla.·
2020-04-28
The court held that the defendants' motions to dismiss were denied because the claims were not clearly time-barred, the commercial bribery statute was not shown to be invalid, and personal jurisdiction over one defendant was established.
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M.D. Fla.·
2020-02-25
The court held that the plaintiff's allegations of actual knowledge were sufficient to survive a motion to dismiss under federal pleading standards.
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M.D. Fla.·
2020-02-14
The court held that the plaintiff sufficiently alleged claims for RESPA violations, negligence, and equitable accounting, thus denying the defendant's motion to dismiss.
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Del. Ch.·
2020-01-29
The Court denied in part and granted in part the defendants' motion to dismiss. The Court found that the plaintiffs sufficiently pleaded claims for breach of contract and fraud in connection with the solicitation of equity for the SFP acquisition, and that the statute of limitati
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S.D. Fla.·
2020-01-17
The court denied the motion for reconsideration of its choice-of-law ruling and denied the motion to dismiss the breach of fiduciary duty claim, finding it was not a premature bad faith claim and that a fiduciary duty may exist in this context.
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M.D. Fla.·
2020-01-17
An assignee of insurance benefits has a common-law right to sue for breach of contract, and the issue of adequate consideration for the assignment cannot be resolved at the motion to dismiss stage.
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M.D. Fla.·
2020-01-14
The court held that the plaintiff inmate failed to state a plausible claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2020-01-14
The court held that the plaintiff inmate failed to state a claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2019-12-23
The court held that 18 U.S.C. § 3509(d) does not create a federal right enforceable under 42 U.S.C. § 1983 and does not impose a statutory duty for state law negligence claims, leading to dismissal of those claims.
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S.D. Fla.·
2019-12-16
The court granted the defendants' motion to dismiss Count V, finding that the plaintiff's report of a workplace injury was not a statutorily protected activity under Florida law.
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M.D. Fla.·
2019-12-10
An agent is not personally liable for corporate negligence unless the plaintiff pleads facts showing the agent's active negligence or personal fault in the tortious conduct.
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M.D. Fla.·
2019-12-09
The court held that the plaintiffs failed to sufficiently plead claims for negligent supervision/training and violation of 42 U.S.C. § 1983, even after multiple opportunities to amend their complaint.
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S.D. Fla.·
2019-11-19
The court held that a Title VII claim in an amended complaint does not relate back to an initial state court complaint if the defendant never received notice of the initial complaint's filing.
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M.D. Fla.·
2019-09-23
A grand jury witness has absolute immunity from a § 1983 claim based on their testimony, even if false.
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M.D. Fla.·
2019-08-23
The court held that the plaintiff stated plausible claims for First Amendment retaliation and Fourteenth Amendment equal protection, but not for Eighth Amendment prison conditions or Fourteenth Amendment due process.
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130 La. 817·
S.D. Fla.·
2019-05-09
Punitive damages are available for intentional torts under strict vicarious liability, but not for negligence claims absent proof of the defendant's actual knowledge of the wrongfulness of the conduct.
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2016 WL 6071734·
M.D. Fla.·
2016-10-17
The court held that voicemails left by a debt collector identifying the company and its status as a debt collector provided meaningful disclosure and were not 'communications' under the FDCPA because they did not convey information regarding a specific debt.
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2015 U.S. Dist. LEXIS 149644·
S.D. Fla.·
2015-11-02
The court held that the plaintiff lacked standing under the FDCPA because she was not obligated to pay the debt, and the notices provided were not deceptive or misleading to the least sophisticated consumer.
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M.D. Fla.·
2015-08-19
A motion to dismiss an FCRA claim should be denied if plaintiffs allege that a technically true but incomplete credit report, failing to note third-party fault for a late payment, was misleading and that the furnisher failed to investigate the dispute.
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2015 U.S. Dist. LEXIS 94512·
S.D. Fla.·
2015-07-21
A plaintiff's claim under 15 U.S.C. § 1681s-2(b) is not barred simply because the alleged conduct also implicates duties under § 1681s-2(a), for which there is no private right of action.