Notice Pleading

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

• Harris v. McDonald's Corp.
  901 F. Supp. 1552· M.D. Fla.· 1995-04-03
  The court held that while claims based on the FDCA, FDA Rules, Fourteenth Amendment, and 42 U.S.C. § 1983 were properly dismissed for lack of federal jurisdiction, a claim under 42 U.S.C. § 1981 for racial discrimination in handling the insurance claim was sufficiently pleaded to
• Clark v. Sierra
  837 F. Supp. 1179· M.D. Fla.· 1993-11-15
  The court held that the plaintiff's complaint failed to state a claim against the defendants with sufficient intelligibility and lacked specific factual allegations.
• The Home Ins. Co. v. Matthews
  998 F.2d 305· 5th Cir.· 1993-08-20
  An insurer waives its right to void a policy if it accepts premium payments after gaining knowledge of facts that would allow it to avoid coverage, especially when Louisiana law is unclear on waiver and estoppel distinctions.
• Gilbert v. Sears
  1993 U.S. Dist. LEXIS 10023· M.D. Fla.· 1993-07-14
  The court held that the plaintiff sufficiently pleaded claims for violations of constitutional rights under 42 U.S.C. § 1983, but granted a motion for more definite statement regarding potential conspiracy claims.
• Ashe v. Corley
  992 F.2d 540· 5th Cir.· 1993-06-04
  The court held that the district court did not abuse its discretion in denying leave to amend, but erred in granting summary judgment on the RICO claims due to the county's failure to meet its initial burden and on the section 1983 claims due to the Supreme Court's rejection of a
• Boston & Me. Corp. v. Town OF Hampton
  987 F.2d 855· 1st Cir.· 1993-03-05
  The court affirmed the dismissal, holding that New Hampshire law requires actual notice and an opportunity to correct a hazardous condition for municipal liability, and that the district court's application of a heightened pleading standard, even if erroneous, was harmless.
• Martin v. Deiriggi
  985 F.2d 129· 4th Cir.· 1992-12-31
  The court held that the district court's findings of fact were adequate for review, the businesses constituted a single enterprise under the FLSA, the complaint adequately pleaded a claim for liquidated damages, the violations were willful, and the exclusion of late-discovered ev
• Daniels v. USS Agri-Chemicals
  965 F.2d 376· 7th Cir.· 1992-06-05
  The court held that the plaintiff's initial complaint, filed within two years of the decedent's death, satisfied the conditions precedent of the Indiana Wrongful Death Act, even though it initially cited Illinois law and the plaintiff's appointment as personal representative was
• In re the Complaint OF Stone Petroleum Corp. v. Ins. Co. OF N. Am.
  961 F.2d 90· 5th Cir.· 1992-05-22
  An insurer has a duty to defend its insured when the factual allegations of the third-party complaint, liberally construed, support a claim for which coverage is not unambiguously excluded by the policy, even if some claims fall within a professional services exclusion.
• Lone Star Indus., Inc. v. Horman Fam. Tr.
  960 F.2d 917· 10th Cir.· 1992-04-07
  The court held that the amended complaint sufficiently alleged facts to withstand a motion to dismiss for failure to state a claim, reversing the district court's dismissal.
• The Scotch Whisky Ass'n v. United States Distilled Prods. Co.
  952 F.2d 1317· Fed. Cir.· 1991-12-18
  The court held that the petitioner adequately pleaded a claim for cancellation of a trademark registration based on deceptive geographic significance, and the Board erred in dismissing the petition for failure to state a claim.
• Hope v. State
  588 So. 2d 255· Fla. 5th DCA· 1991-10-10
  Hope was charged with felony DUI based on three prior Minnesota DUI convictions. The information did not allege the prior convictions as essential elements, but Hope received notice of them and pled nolo contendere. The court held the circuit court had jurisdiction despite the de
• United States v. Tri-State Ins. Co. OF Minn. & Transamerica Ins. Co.
  946 F.2d 581· 8th Cir.· 1991-10-01
  An anonymous tip is insufficient to trigger the statute of limitations until a reasonably prompt investigation either identifies the source as probably reliable or shows the information as probably accurate.
• Samuels v. N. Telecom, Inc.
  942 F.2d 834· 2d Cir.· 1991-08-28
  A stipulation dismissing an action with prejudice has res judicata effect, barring subsequent suits on the same cause of action, even if the initial pleading was overbroad or the stipulation was ill-considered.
• O'Loughlin v. Nat'l R.R. Passenger Corp.
  928 F.2d 24· 1st Cir.· 1991-03-18
  The court held that an amended complaint asserting a claim for a different incident than the one stated in the original complaint does not relate back to the original filing date under Rule 15(c) if the original complaint did not provide notice of the new claim.
• Baugh Constr. Co. v. Mission Ins. Co.
  836 F.2d 1164· 9th Cir.· 1988-02-23
  An insurer's duty to defend arises if the complaint alleges facts that, if proven, would render the insurer liable, and this duty is broader than the duty to indemnify. Policy exclusions for defective products or faulty work do not necessarily bar coverage for consequential damag
• River Rd. Constr. Co. v. Ring Power Corp.
  454 So. 2d 38· Fla. 1st DCA· 1984-08-07
  River Road Construction appeals a trial court's award of attorney's fees and interest to Ring Power beyond the amount set forth in River Road's offer of judgment. The court held that when a defendant's offer of judgment states a sum certain, a plaintiff who accepts it is preclude
• Aaacon Auto Transp., Inc. v. Anson D. Medlin
  575 F.2d 1102· 5th Cir.· 1978-06-26
  The court held that the defendant did not commit a clear and patent violation of the Interstate Commerce Act, affirming summary judgment on the merits, but vacated the award of attorney's fees due to procedural defects.
• ST. Louis-San Francisco Ry. Co. v. Neely
  496 F.2d 1122· 8th Cir.· 1974-05-22
  The court held that the agent's testimony was not the best evidence for proving the extension of a tariff order, and the objection should have been sustained.
• Bennie Jackson v. City OF Vicksburg
  361 F.2d 473· 5th Cir.· 1966-05-16
  The court held that removal petitions were sufficient to allege a basis for removal and required evidentiary hearings.
• Storkline Corp. v. Nat'l Labor Relations Bd.
  330 F.2d 14· 5th Cir.· 1964-04-01
  The court held that the NLRB's findings of unfair labor practices were supported by sufficient evidence, but modified the order regarding one employee's lost pay.
• Weade v. Trailways OF NEW England, Inc.
  325 F.2d 1000· D.C. Cir.· 1963-11-14
  The court held that the district court erred by granting summary judgment without making findings on substantial factual issues raised by the plaintiff regarding conspiracy, estoppel, and the statute of limitations.
• Peabody Coal Co. v. Nat'l Labor Relations Bd.
  282 F.2d 243· 7th Cir.· 1960-09-02
  The court held that the National Labor Relations Board's order could not be enforced because the complaint was overly vague and did not provide adequate notice to the employer, thus denying the employer a fair hearing.
• Lonibeth Oster v. Union Pac. R.R. Co.
  274 F.2d 447· 9th Cir.· 1959-12-28
  The court held that the complaints, particularly the second one, were likely sufficient to withstand a motion to dismiss under notice pleading standards.