Notice Pleading

484 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Marsh v. Butler Cnty.
  268 F.3d 1014· 11th Cir.· 2001-09-26 ·cited 287×
  The Eleventh Circuit reversed the district court's grant of qualified immunity to the Sheriff regarding the abandonment of Owens, finding that the allegations, when reasonably inferred, suggested the deputy acted pursuant to the Sheriff's custom or policy. However, the court affi
• Quality Foods de Centro Am., S.A. v. Latin Am. Agribusiness Dev. Corp., S.A.
  711 F.2d 989· 11th Cir.· 1983-08-08 ·cited 255×
  The court held that the third amended complaint stated a sufficient antitrust claim to survive a motion to dismiss, but affirmed the dismissal of Duroparts for lack of standing and remanded for reconsideration of pendent state claims.
• Caufield v. Gino Cantele
  837 So. 2d 371· Fla.· 2002-12-19 ·cited 199×
  The Florida Supreme Court resolved conflicts among district courts regarding whether orders determining attorney's fees after voluntary dismissal are appealable by plenary appeal or certiorari. The Court held that such orders are final and appealable by plenary appeal, that the s
• Fullman v. Graddick
  739 F.2d 553· 11th Cir.· 1984-08-20 ·cited 188×
  The court affirmed the dismissal of the plaintiff's civil rights claims, finding that most allegations were either barred by immunity doctrines, failed to state a claim due to vagueness and conclusory nature, or were unsupported by specific facts.
• Anne C. Lotierzo v. A Woman's World Med. Ctr., Inc.
  278 F.3d 1180· 11th Cir.· 2002-01-07 ·cited 157×
  Abortion counselors appealed dismissal of their FACE Act claim against clinic escorts and employees who allegedly interfered with their sidewalk counseling outside an abortion clinic. The Eleventh Circuit affirmed dismissal of most claims because the counselors failed to allege t
• A. T. Brod & Co. v. Perlow
  375 F.2d 393· 2d Cir.· 1967-03-27 ·cited 157×
  The court held that a complaint alleging a scheme to defraud by failing to pay for securities, even if not directly related to investment value, sufficiently states a claim under Section 10(b) and Rule 10b-5, thus conferring subject matter jurisdiction.
• Thompson v. Kindred Nursing Ctrs. E., LLC
  211 F. Supp. 2d 1345· M.D. Fla.· 2002-04-16 ·cited 154×
  The court held that the plaintiff's amended complaint sufficiently stated claims for negligence and violation of nursing home residents' rights, and that the defendant's motions to dismiss and strike were denied.
• Watson v. Ault
  525 F.2d 886· 5th Cir.· 1976-01-12 ·cited 140×
  The court held that prisoner complaints, even if initially lacking factual detail, should not be dismissed as frivolous before being filed and docketed, and that a questionnaire can be used as a pleading auxiliary to develop facts.
• Elliott v. Leander H. Perez, Jr.
  751 F.2d 1472· 5th Cir.· 1985-02-07 ·cited 139×
  The court holds that a claim against an official enjoying absolute immunity must state sufficient facts to demonstrate the absence of immunity.
• Heiar v. Crawford Cnty.
  746 F.2d 1190· 7th Cir.· 1984-08-20 ·cited 135×
  The dissenting judge believes the court should have applied the same standard of proof to state and local governments as is applied to the federal government under the ADEA.
• Bogosian v. Gulf OIL Corp.
  561 F.2d 434· 3d Cir.· 1977-07-21 ·cited 127×
  The court held that a complaint alleging "interdependent consciously parallel action" to impose tie-in agreements, when read liberally and alleging a "combination," sufficiently states a claim under Section 1 of the Sherman Act, and that summary judgment was improperly granted wi
• Walker v. Sears
  853 F.2d 355· 5th Cir.· 1988-08-29 ·cited 126×
  A breach of implied warranty claim, pleaded separately from a DTPA claim, is governed by a four-year statute of limitations, not the DTPA's two-year limit. The DTPA claim itself was time-barred.
• VON Stein v. Brescher
  904 F.2d 572· 11th Cir.· 1990-06-27 ·cited 121×
  The court held that the officers were entitled to qualified immunity for the arrest because arguable probable cause existed, and that the plaintiff's defamation claim under Section 1983 failed because it did not allege the deprivation of a tangible interest beyond reputation.
• Fontenot v. The Upjohn Co.
  780 F.2d 1190· 5th Cir.· 1986-01-17 ·cited 118×
  Summary judgment is appropriate when a party bearing the burden of proof cannot produce any evidence, direct or circumstantial, to support an essential element of their claim, even if the moving party has not affirmatively disproven that element.
• Kauffman v. Moss
  420 F.2d 1270· 3d Cir.· 1970-01-14 ·cited 104×
  The plaintiff is estopped from relitigating the issue of perjury in a prior criminal trial because it was necessarily determined against him by the guilty verdict.
• Sparks v. Duval Cnty. Ranch Co., Inc.
  604 F.2d 976· 5th Cir.· 1979-10-22 ·cited 92×
  Private citizens who conspire with a state judge are not entitled to derivative judicial immunity and can be held liable under 42 U.S.C. § 1983, even if the judge is immune from suit.
• Brown v. Gardens BY THE SEA S. Condo. Ass'n
  424 So. 2d 181· Fla. 4th DCA· 1983-01-05 ·cited 91×
  Defendants who prevailed in a dispute over a condominium recreation lease sought attorney fees under both a contract provision and Florida's Deceptive and Unfair Trade Practices Act. The trial court denied the fees claim, primarily on the ground that defendants failed to plead at
• Univ. Life Ins. Co. OF Am. v. Unimarc Ltd.
  699 F.2d 846· 7th Cir.· 1983-01-12 ·cited 89×
  An order compelling arbitration is appealable under 28 U.S.C. § 1291 even if the district court retains jurisdiction for supervision and enforcement, and such an order should not be stayed due to frivolous or insubstantial antitrust allegations.
• Espanola WAY Corp. v. Murray Meyerson
  690 F.2d 827· 11th Cir.· 1982-11-01 ·cited 82×
  The court held that the district court erred in granting summary judgment, as the complaint stated a § 1983 claim and the commissioners' actions may not have been legislative, and qualified immunity issues required further factual development.
• Snow v. Directv, Inc.
  450 F.3d 1314· 11th Cir.· 2006-06-01 ·cited 78×
  Michael Snow brought a civil action under the Stored Communications Act (SCA) against DirecTV, Inc., two law firms, and unknown individuals, alleging they accessed his website's electronic bulletin board without authorization. The Eleventh Circuit affirmed the district court's di
• Sutliff v. Donovan Cos., Inc.
  727 F.2d 648· 7th Cir.· 1984-02-09 ·cited 78×
  The court held that the complaint adequately stated a claim under RICO, but not under the antitrust laws, and that the district court erred in dismissing the RICO claim and denying reconsideration.
• Nagler v. Admiral Corp.
  248 F.2d 319· 2d Cir.· 1957-10-02 ·cited 75×
  The court held that the complaint's pleading was sufficient and that joinder of defendants was proper under the Federal Rules of Civil Procedure, reversing the dismissal.
• THE Dartmouth Review v. Dartmouth Coll.
  889 F.2d 13· 1st Cir.· 1989-11-09 ·cited 74×
  The court held that the complaint failed to state a claim under 42 U.S.C. § 1981 or Title VI because it did not allege sufficient facts to support an inference of race-based discrimination.
• Havoco OF Am., Ltd. v. Shell OIL Co.
  626 F.2d 549· 7th Cir.· 1980-07-10 ·cited 74×
  The court held that the plaintiff failed to state a claim under Section 1 of the Sherman Act because the complaint lacked sufficient allegations of anticompetitive effects required for a Rule of Reason analysis.
• Allen Williams b/n/f Louise J. Smyre v. United States
  405 F.2d 234· 5th Cir.· 1968-12-23 ·cited 74×
  The court held that the mother's claim for loss of services, sought via amendment, should relate back to the original filing date, avoiding the statute of limitations, because the government had adequate notice.
• Littlejohn v. Shell OIL Co.
  483 F.2d 1140· 5th Cir.· 1973-08-10 ·cited 73×
• Salvadore Rotolo v. The Borough OF Charleroi
  532 F.2d 920· 3d Cir.· 1976-03-22 ·cited 70×
  The court held that the district court erred in dismissing civil rights complaints without allowing the plaintiff an opportunity to amend, particularly regarding jurisdictional allegations and conclusory factual claims.
• Linda (Sinklear) Lessman v. McCORMICK
  591 F.2d 605· 10th Cir.· 1979-01-26 ·cited 69×
  The court held that the complaint sufficiently stated a claim for false arrest and imprisonment under 42 U.S.C. § 1983 against the arresting officer and bank employee, but not for claims under 42 U.S.C. §§ 1985 and 1986 due to lack of class-based discriminatory animus.
• CAY v. W.J. Estelle, Jr.
  789 F.2d 318· 5th Cir.· 1986-05-12 ·cited 68×
  A district court may make limited credibility assessments to determine if an in forma pauperis suit is frivolous under 28 U.S.C. § 1915(d), but abused its discretion by making extensive credibility findings based on conflicting testimony without a full hearing.
• Dafro M. Jefferies v. Harris Cnty. Cmty. Action Ass'n
  615 F.2d 1025· 5th Cir.· 1980-04-21 ·cited 67×
  The court held that the district court erred by failing to address the claim of discrimination based on race and sex combined and by making a clearly erroneous finding regarding notice of an EEOC charge. The court affirmed the dismissal of the race discrimination claim.
• Travelers Ins. Co. v. Busy Elec. Co.
  294 F.2d 139· 5th Cir.· 1961-07-17 ·cited 66×
  The judgment before the court is not a final judgment and therefore not appealable.
• Kasper v. Bd. OF Election Comm'rs OF THE City OF Chicago
  814 F.2d 332· 7th Cir.· 1987-01-27 ·cited 63×
  The court held that the district court did not abuse its discretion in refusing to approve the proposed consent decree, as it was improvident due to timing, potential harm to third parties, and federalism concerns.
• Clarance B. Dickinson v. Heinold Sec., Inc.
  661 F.2d 638· 7th Cir.· 1981-10-06 ·cited 63×
  The court held that a district court cannot refuse to enforce an arbitration agreement due to the joinder of a non-arbitrable claim, even if bifurcation leads to inefficiency.
• Strauss v. City OF Chicago
  760 F.2d 765· 7th Cir.· 1985-04-17 ·cited 62×
  A plaintiff must plead specific facts tending to support the existence of a municipal policy that caused the injury, and bare allegations of policy are insufficient to state a claim under 42 U.S.C. § 1983.
• O.R. Sec., Inc. v. Prof'l Planning Assocs., Inc.
  857 F.2d 742· 11th Cir.· 1988-10-12 ·cited 61×
  The court held that a party seeking to vacate an arbitration award must file a motion, not a complaint, and that O.R. failed to demonstrate manifest disregard of the law or fraud that was not discoverable during arbitration.
• Stevens v. Hollie Vowell
  343 F.2d 374· 10th Cir.· 1965-03-16 ·cited 60×
  The court held that the trial court had jurisdiction over the subject matter and the person of the appellant, and that sufficient evidence supported the finding of a violation of Section 10(b) of the Securities Exchange Act and Rule X-10B-5.
• DOE v. Evans
  814 So. 2d 370· Fla.· 2002-03-14 ·cited 59×
  The Florida Supreme Court held that the First Amendment does not bar tort claims for negligent hiring/supervision and breach of fiduciary duty against a church based on sexual misconduct by clergy during marital counseling. The Court reversed the Fourth District's dismissal, find
• John Shelak (Norma Jean Shelak v. White Motor Co.
  581 F.2d 1155· 5th Cir.· 1978-10-10 ·cited 57×
  The court held that the trial judge did not abuse his discretion in denying a continuance, as the defendant had sufficient notice and opportunity to prepare for the plaintiff's evidence regarding a heart attack.
• Jamieson v. Shaw
  772 F.2d 1205· 5th Cir.· 1985-10-07 ·cited 56×
  The district court did not abuse its discretion in finding that the second amendment to the complaint would be futile, and therefore, further proceedings would be a waste of resources.
• Eyerly Aircraft Co. v. Killian
  414 F.2d 591· 5th Cir.· 1969-07-11 ·cited 56×
  The court held that the manufacturer's substantial business contacts with Texas and the foreseeable introduction of its product into the stream of commerce were sufficient to establish personal jurisdiction under the Texas Long Arm statute, even though the injury-causing product
• Bunker Ramo Corp. v. United Bus. Forms, Inc.
  713 F.2d 1272· 7th Cir.· 1983-07-26 ·cited 54×
  The court affirmed the denial of the motion to dismiss on res judicata grounds, holding that a dismissal for lack of subject matter jurisdiction does not have res judicata effect. The court also affirmed the denial of the motion to dismiss the Sherman Antitrust claim, finding the
• Little v. City OF N. Miami
  805 F.2d 962· 11th Cir.· 1986-12-09 ·cited 53×
  The court held that a public censure resolution by a city council, if retaliatory, can violate First Amendment rights and procedural due process, but not the Sixth Amendment or the prohibition against bills of attainder if it lacks the force of law.
• Baldwin v. Morgan
  251 F.2d 780· 5th Cir.· 1958-01-14 ·cited 50×
  The majority erred in finding federal court jurisdiction over the Birmingham Terminal Company.
• Benton-Volvo-Metairie, Inc. v. Volvo Sw., Inc.
  479 F.2d 135· 5th Cir.· 1973-06-07 ·cited 48×
  The court held that the district court erred in granting summary judgment without adequate findings or evidence, and that the defendant did not sufficiently demonstrate the absence of a genuine issue of material fact.
• Franchise Realty Interstate Corp. & McDonald's Sys. of Cal., Inc. v. SAN Francisco Local Joint Executive Bd. OF Culinary Workers
  542 F.2d 1076· 9th Cir.· 1976-09-17 ·cited 47×
  The court held that the allegations did not sufficiently plead foreclosure of access, and that a reversal based on rigid pleading rules should await a case not impeding First Amendment rights.
• Clark v. Coats & Clark, Inc.
  865 F.2d 1237· 11th Cir.· 1989-02-16 ·cited 46×
  The court held that an EEOC intake questionnaire can constitute a timely filed charge under the ADEA, that ERISA claims for reinstatement are not time-barred by the two-year statute of limitations for wages, and that Clark's claim for intentional infliction of emotional distress
• Textor v. Bd. OF Regents OF N. Ill. Univ.
  711 F.2d 1387· 7th Cir.· 1983-07-06 ·cited 46×
  The court held that the district court abused its discretion in denying leave to amend the complaint and that the attorneys were denied a fair hearing on the award of attorney's fees.
• Vantage View, Inc. v. Bali E. Dev. Corp.
  421 So. 2d 728· Fla. 4th DCA· 1982-11-10 ·cited 46×
  Vantage View, a condominium association, sued Bankers Trust Company and others for construction defects. The trial court dismissed counts for breach of implied warranty and negligence against Bankers Trust, but the Fourth District Court of Appeal reversed, holding that the compla
• Mansell v. Saunders
  372 F.2d 573· 5th Cir.· 1967-02-13 ·cited 46×
  The court held that the complaint stated causes of action under 42 U.S.C.A. § 1983, establishing federal jurisdiction.
• Al Nieto v. Ecker
  845 F.2d 868· 9th Cir.· 1988-05-02 ·cited 45×
  The court held that ERISA section 409(a) incorporates common law trust principles, allowing liability for non-fiduciaries who knowingly participate in a breach of fiduciary duty.