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Del. Super. Ct.·
2024-01-09
The Superior Court granted Wellgistics' motion to dismiss Welgo's second amended counterclaim for breach of contract, finding that Welgo failed to adequately allege facts demonstrating causation between Wellgistics' alleged misuse of confidential information and the resulting dam
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S.D. Fla.·
2024-01-02
The court held that the plaintiff's complaint was a shotgun pleading that failed to state a claim upon which relief could be granted and was therefore dismissed.
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S.D. Fla.·
2023-11-22
The court held that the amended complaint does not constitute a shotgun pleading and properly pleads alternative claims, allowing claims against Richard Cole individually to proceed, but dismissing the unjust enrichment claim against Donald Williams' estate.
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M.D. Fla.·
2023-11-17
The court held that the amended complaint sufficiently stated claims for discrimination and retaliation under 42 U.S.C. § 1981, and that the Supreme Court's decision in Comcast did not alter the notice pleading standard for such claims.
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M.D. Fla.·
2023-11-14
Aaron Rothenberg, a former commercial truck driver, sued Swift Transportation, Walmart, Costco, and Target alleging they engaged in a years-long conspiracy to assault, defame, and harass him through employees screaming false accusations, making threats, and invading his privacy.
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M.D. Fla.·
2023-11-01
The court held that the Federal Arbitration Act's procedural rules do not govern challenges to No Surprises Act IDR awards, and judicial review is limited to the grounds specified in FAA § 10(a).
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M.D. Fla.·
2023-10-27
The court held that the plaintiff's amended complaint was a shotgun pleading that failed to state claims and lacked standing, warranting dismissal.
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S.D. Fla.·
2023-09-25
The court granted summary judgment for the defendant because the plaintiff failed to plead theories of vicarious liability or specific payment application methods in its complaint, which were only raised in opposition to summary judgment.
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Del. Super. Ct.·
2023-09-19
The Court denied Defendant's Partial Motion to Dismiss and Plaintiff's Motion for Partial Judgment on the Pleadings. The Court found that Plaintiffs adequately pleaded the existence of a deferral agreement for tax distributions, which, if proven, would toll the statute of limitat
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Del. Ch.·
2023-09-05
The Delaware Court of Chancery granted in part and denied in part the defendants' motions to dismiss. The court dismissed all claims against Black Diamond Capital Management, L.L.C., finding veil piercing unavailable and the transfer beneficiary claim under DUFTA unsupported. Cla
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M.D. Fla.·
2023-07-28
The court held that motions to strike affirmative defenses are granted in part and denied in part, striking some defenses, treating others as denials, and denying motions to strike for others.
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M.D. Fla.·
2023-07-18
The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because § 1983 only provides a remedy for violations of federal rights, not state rights, and the plaintiffs' Second Amended Complaint did not sufficiently allege federal constitutional claims.
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M.D. Fla.·
2023-06-30
The court held that a motion to strike affirmative defenses should be denied if the defenses, even if not strictly affirmative, provide notice of issues the defendant intends to raise or are akin to a denial.
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S.D. Fla.·
2023-03-31
The court granted in part and denied in part the defendants' motion to dismiss, finding federal securities claims based on unregistered offerings exempt but allowing state securities fraud and Rule 10b-5 claims to proceed.
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S.D. Fla.·
2023-03-24
The court held that affirmative defenses need only provide notice of the issues to be litigated, not meet the heightened pleading standard of Twombly, and denied the motion to strike.
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M.D. Fla.·
2023-02-17
The court held that the officers' use of deadly force was not objectively reasonable and the law was clearly established, thus denying qualified immunity at the dismissal stage. The city's motion to dismiss the wrongful death claim was also denied.
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Fla. 4th DCA·
2023-01-25
The appellate court reversed a trial court's order awarding attorney's fees to tenants, finding that the tenants failed to properly plead their claim for attorney's fees in their initial statement of claim. The court emphasized the importance of providing notice to the opposing p
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M.D. Fla.·
2023-01-04
The court held that affirmative defenses need not meet the strict plausibility standard of Twombly/Iqbal, but must have a possible relationship to the claims and not prejudice the plaintiff.
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S.D. Fla.·
2022-11-18
The court denied in substantial part Plaintiff's motion to strike affirmative defenses due to non-compliance with Local Rule 7.1, but granted the unopposed request for leave to file a reply.
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M.D. Fla.·
2022-09-07
The Court grants in part Defendants' motions to dismiss, dismissing Plaintiff's federal claims and declining supplemental jurisdiction over state law claims.
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M.D. Fla.·
2022-07-25
The court held that the amended complaint, which combined direct and indirect infringement theories in a single count, constituted a shotgun pleading and was dismissed without prejudice, but it was not so vague as to prevent Defendants from reasonably preparing a response.
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M.D. Fla.·
2022-06-29
The court held that the plaintiff's complaint constituted a shotgun pleading and granted the defendants' motions for a more definite statement, allowing the plaintiff to amend.
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M.D. Fla.·
2022-06-14
The court held that the plaintiff's second amended complaint constituted an impermissible shotgun pleading and was dismissed.
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Del. Ch.·
2022-06-02
The Court denied in part and granted in part the Defendants' motion to dismiss. The Court found that the claim for breach of contract regarding distributions for tax years 2014-2016 could proceed due to equitable tolling, and the claim for distributions in 2017-2018 survived due
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S.D. Fla.·
2022-05-17
The court held that the plaintiff failed to exhaust administrative remedies against Sgt. Johnson and Warden Acosta because his grievances did not provide sufficient notice of his claims against them.
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S.D. Fla.·
2022-02-28
The court held that the plaintiff's Second Amended Complaint failed to state a claim for FMLA interference or FLSA retaliation due to insufficient factual allegations regarding protected activity and adverse actions.
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N.D. Fla.·
2022-02-21
A claim for declaratory relief is duplicative and subsumed within a breach of contract claim when the breach of contract claim will provide adequate relief and no additional benefits would derive from a declaratory judgment.
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Del. Ch.·
2022-02-09
The Court of Chancery granted defendants' motions to dismiss all claims. The court held that the breach of contract claim failed because the plaintiff did not identify a specific contractual provision breached and the LPA did not mandate distributions. The implied covenant claim
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Del. Super. Ct.·
2021-11-29
The Court of Chancery properly denied the defendants' motion to dismiss, finding that the plaintiffs had stated valid claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The court applied Delaware's notice pleading standard, accepting
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M.D. Fla.·
2021-11-03
The court held that the Second Amended Complaint was an impermissible shotgun pleading and dismissed it, but granted plaintiffs leave to file a third amended complaint.
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M.D. Fla.·
2021-10-26
A plaintiff is not required to attach an insurance policy to a federal complaint, and the complaint sufficiently alleged a breach of contract claim by identifying the contract, the breach, and resulting damages.
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S.D. Fla.·
2021-10-25
BluestarExpo, Inc. sought to recover $300,000 in payments and $35 million in lost profits from defendants who allegedly provided a fraudulent comfort letter certifying that a company had $250 million available to facilitate a glove purchase transaction that ultimately failed. The
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M.D. Fla.·
2021-10-21
The court held that the plaintiff's Second Amended Complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting one final opportunity to file a compliant complaint.
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M.D. Fla.·
2021-10-05
The court held that the plaintiff failed to state a claim for racial discrimination but adequately pleaded a claim for retaliation.
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M.D. Fla.·
2021-08-25
The court held that the defendant's motion to dismiss should be denied because the plaintiffs' allegations were plausible and raised entitlement to relief.
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M.D. Fla.·
2021-07-22
The court held that the complaint was an impermissible shotgun pleading and failed to meet the heightened pleading standard for fraud, warranting dismissal.
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M.D. Fla.·
2021-06-29
The court held that the defendant's motion to dismiss should be denied because the plaintiff's complaint alleged sufficient factual detail to state a plausible claim for relief, and the relationship-forming documents did not refute the claims at the pleading stage.
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M.D. Fla.·
2021-06-24
The court held that the amended complaint was a shotgun pleading and dismissed it with leave to amend.
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M.D. Fla.·
2021-06-10
The court held that defendants' motion for sanctions under Rule 11 was denied because they failed to provide sufficient argument for bad faith and the claims were not objectively frivolous.
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M.D. Fla.·
2021-06-03
The court held that the pro se plaintiff's complaint must be stricken for failing to comply with Federal Rules of Civil Procedure 8 and 10, but granted the plaintiff an opportunity to file an amended complaint.
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Del. Super. Ct.·
2021-06-03
The Delaware Superior Court granted in part and denied in part Plaintiff's motion to dismiss Defendants' counterclaims. The court denied the motion to dismiss the breach of contract counterclaim, finding that the allegations, including the claim for disgorgement of fees paid for
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M.D. Fla.·
2021-04-20
State Farm sued medical clinics and healthcare providers for operating a fraudulent scheme to submit false insurance claims for personal injury protection benefits by referring accident victims to clinics through a referral service and providing medically unnecessary treatments b
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M.D. Fla.·
2021-04-19
The court granted in part Plaintiff's motion for reconsideration, allowing review of discovery requests on the merits, but denied Plaintiff's second motion to compel as untimely.
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M.D. Fla.·
2021-04-12
The court held that the complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act (TVPRA) and Florida's civil RICO statute, denying the defendants' motion to dismiss.
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M.D. Fla.·
2021-04-05
A trafficking victim sued hotel operators and a franchisor under federal and state law, alleging they knowingly facilitated her sex trafficking between 2015 and 2016 by repeatedly renting rooms to traffickers while ignoring obvious signs of exploitation. The court denied the defe
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Del. Super. Ct.·
2021-03-31
The court held that the Administrative Services Only Agreement (ASOA) clearly precluded the plaintiff from being a third-party beneficiary to the contract between Highmark and the County, thus dismissing the breach of contract claim against Highmark. However, the court found that
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M.D. Fla.·
2021-03-04
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and
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S.D. Fla.·
2020-11-12
The court held that most of the defendant's affirmative defenses were sufficiently pled to provide notice and should not be stricken, while two defenses were treated as denials rather than affirmative defenses.
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M.D. Fla.·
2020-11-10
The court held that the plaintiff's fourth amended complaint sufficiently stated claims against the defendants, denying their motions to dismiss.
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M.D. Fla.·
2020-11-05
The court held that the complaint was a shotgun pleading and therefore dismissed it without prejudice, granting the plaintiff leave to amend.