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50 F.4th 1088·
11th Cir.·
2022-10-04
·cited 158×
The court held that the plaintiff failed to allege sufficient facts to plausibly establish that the cruise ship operator had actual or constructive notice of the hazardous condition on the staircase, thus failing to state a claim for negligence.
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M.D. Fla.·
2025-03-19
The Court granted in part and denied in part Plaintiff's motion to strike Defendant's affirmative defenses, striking only the 'Set Off Defense' as agreed.
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S.D. Fla.·
2023-10-30
The court held that the plaintiff failed to allege sufficient facts to support claims of age discrimination, gender discrimination, or retaliation under the Florida Civil Rights Act, warranting dismissal.
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S.D. Fla.·
2023-07-24
The court held that the plaintiff failed to plead sufficient facts to plausibly suggest intentional discrimination based on race or age, and therefore granted the defendant's motion to dismiss.
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S.D. Fla.·
2022-06-27
The court held that the plaintiff failed to state a claim for malicious prosecution, defamation, fraud, retaliation under the Florida Whistleblower Act, or invasion of privacy.
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S.D. Fla.·
2022-02-15
The court held that the plaintiff failed to allege facts plausibly supporting an agreement among the defendants to conspire in restraint of trade, which is a necessary element for an antitrust claim under the Sherman Act.
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S.D. Fla.·
2021-06-15
The court held that the plaintiff's allegations sufficiently stated a claim for discriminatory interference with a contract under 42 U.S.C. § 1981, and the motion to dismiss was denied.
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S.D. Fla.·
2021-01-11
The court held that the plaintiff failed to allege facts sufficient to trigger coverage under the insurance policy for business interruption losses related to COVID-19.
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S.D. Fla.·
2021-01-05
The court held that an indemnity agreement's scope can bind corporate officers if the contract language indicates personal liability, and that contractual indemnity claims are generally ripe before the underlying liability is established, unlike insurance indemnity claims.
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S.D. Fla.·
2020-12-29
The court held that the plaintiff's complaint sufficiently alleged facts to state claims for negligent maintenance and negligent failure to warn, thus denying the defendant's motion to dismiss.
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S.D. Fla.·
2020-11-24
The Death on the High Seas Act (DOHSA) does not apply to tort claims arising after a death at sea, and the litigation privilege bars claims whose final element occurs during litigation, but not those that pre-existed litigation.
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S.D. Fla.·
2020-01-29
The court held that the plaintiff's claim for declaratory relief was duplicative of the breach of contract claim and therefore dismissed.