Rule 12(B)(1) Motion To Dismiss

130 Florida cases classified under this topic · sorted by citation count · browse and sort

• Debora D. Gordon v. Nat'l Youth Work Alliance
  675 F.2d 356· D.C. Cir.· 1982-04-02 ·cited 57×
  The court held that the 90-day filing period for Title VII claims is not a jurisdictional prerequisite but a requirement subject to waiver, estoppel, and equitable tolling, and thus should be addressed under Rule 12(b)(6), not Rule 12(b)(1).
• Hohri v. United States
  782 F.2d 227· D.C. Cir.· 1986-01-21 ·cited 48×
  The court held that it has appellate jurisdiction over the case and that the Tucker Act waives sovereign immunity for Takings Clause and contract claims, but not for other monetary claims.
• A. Peter Crane, M.D. v. Intermountain Health Care, Inc.
  637 F.2d 715· 10th Cir.· 1980-01-08 ·cited 44×
  The court's prior precedent in Wolf v. Jane Phillips Episcopal-Memorial Medical Center is inconsistent with current antitrust law and Supreme Court pronouncements regarding interstate commerce.
• Kuhlman v. United States
  822 F. Supp. 2d 1255· M.D. Fla.· 2011-08-15 ·cited 41×
  The court held that the discretionary function exception to the Federal Tort Claims Act applies, barring subject matter jurisdiction over the plaintiff's negligence claim.
• Orion Marine Constr., Inc. v. Carroll
  918 F.3d 1323· 11th Cir.· 2019-03-20 ·cited 29×
  Orion Marine Construction sought to limit its liability under the Shipowner's Limitation of Liability Act for property damage claims arising from pile-driving vibrations during a bridge construction project in Florida, but the district court dismissed the suit as untimely, holdin
• McCARTHY v. United States
  850 F.2d 558· 9th Cir.· 1988-06-28 ·cited 26×
  The court held that the United States is immune from liability under the Flood Control Act of 1928, 33 U.S.C. § 702c, for injuries sustained by a recreational user of a federal flood control project, even if the injury is related to the recreational use and not a direct flood eve
• Cowan v. Keystone Emp. Profit Sharing Fund
  586 F.2d 888· 1st Cir.· 1978-11-21 ·cited 24×
  The court held that federal jurisdiction under ERISA's civil enforcement section (29 U.S.C. § 1132) is precluded for causes of action that arose or acts/omissions that occurred before January 1, 1975, due to the interaction with 29 U.S.C. § 1144.
• Ga. Ass'n of Latino Elected Officials, Inc. v. Gwinnett Cnty. Bd. of Registration & Elections
  36 F.4th 1100· 11th Cir.· 2022-06-08 ·cited 23×
  The Georgia Association of Latino Elected Officials and other voter advocacy organizations challenged Georgia's failure to provide bilingual voting materials in Gwinnett County during the 2020 election under Sections 203 and 4(e) of the Voting Rights Act. The Eleventh Circuit hel
• Douglas v. United States
  814 F.3d 1268· 11th Cir.· 2016-02-29 ·cited 18×
  The Eleventh Circuit reversed the district court's dismissal of the inmate's pay claim, finding that the discretionary function exception did not apply because Bureau of Prisons regulations mandated the payment of vested wages. The court affirmed the dismissal of the inmate's oth
• United States v. Schulman
  817 F.2d 1355· 9th Cir.· 1987-05-20 ·cited 14×
  The court held that the district court erred in dismissing the tax fraud and conspiracy counts because the alleged tax shelter scheme, involving circular financing and sham loans, was clearly prohibited by law in 1978-1979, and thus the defendant could have had the requisite inte
• Rojas Mamani v. Sanchez Berzain
  636 F. Supp. 2d 1326· S.D. Fla.· 2009-06-19 ·cited 13×
  The court held that plaintiffs failed to exhaust available remedies in Bolivia as required by the Torture Victim Protection Act (TVPA).
• Tiftarea Shopper, Inc. v. Ga. Shopper, Inc.
  786 F.2d 1115· 11th Cir.· 1986-04-15 ·cited 13×
  The court held that the complaint sufficiently stated a claim under Section 2 of the Sherman Act for attempted monopolization, but not under Section 1 for conspiracy in restraint of trade. The dismissal of state law claims was reversed due to the surviving federal claim.
• Lazarre v. JPMorgan Chase Bank, N.A.
  780 F. Supp. 2d 1320· S.D. Fla.· 2011-04-14 ·cited 12×
  The court granted Chase's motion to dismiss for lack of subject-matter jurisdiction due to failure to exhaust FIRREA administrative remedies, and granted Early Warning's motion to dismiss for failure to state a claim under the FCRA.
• Zivojinovich v. Ritz Carlton Hotel Co., LLC
  445 F. Supp. 2d 1337· M.D. Fla.· 2006-08-01 ·cited 11×
  The court held that plaintiffs lacked standing for their loss of business revenue claim and dismissed it, but denied motions to dismiss most other federal and state law claims, including a counterclaim for battery.
• Carmichael v. United Techs. Corp.
  835 F.2d 109· 5th Cir.· 1988-01-07 ·cited 9×
  The court held that the district court properly dismissed the case for lack of subject matter jurisdiction, as the plaintiff failed to demonstrate that Price Waterhouse committed a tort in violation of the law of nations.
• Moir v. Greater Cleveland Reg'l Transit Auth.
  895 F.2d 266· 6th Cir.· 1990-02-06 ·cited 8×
  The court held that the Greater Cleveland Regional Transit Authority (GCRTA) is a political subdivision of the State of Ohio and the Amalgamated Transit Union (ATU) is a labor organization, both exempt from federal jurisdiction under the NLRA.
• Emrit v. Universal Music Grp.
  2019 WL 6251365· M.D. Fla.· 2020-08-17 ·cited 7×
  The court granted the motion to dismiss, finding it lacked personal jurisdiction over Universal Music Group and that the complaint constituted a shotgun pleading.
• Campos v. Immigr. & Naturalization Serv.
  32 F. Supp. 2d 1337· S.D. Fla.· 1998-12-09 ·cited 7×
  The court denied the defendants' motion to dismiss, finding it had subject matter jurisdiction and that plaintiffs had not failed to exhaust administrative remedies, and that their claims under the INA, APA, FOIA, and Due Process Clause were cognizable.
• Lussier v. State
  972 F. Supp. 1412· M.D. Fla.· 1997-07-21 ·cited 6×
  The court held that the Tax Injunction Act bars federal jurisdiction over the challenge to Florida's special parking permit fees because the fees constitute a tax under state law and Florida courts provide an adequate forum.
• Global Marine Exploration, Inc. v. Republic of France
  33 F.4th 1312· 11th Cir.· 2022-05-12 ·cited 5×
  The Eleventh Circuit held that France's agreement with Florida to recover a shipwreck constituted commercial activity under the FSIA, thus waiving sovereign immunity.
• Lapar v. Potter
  395 F. Supp. 2d 1152· M.D. Fla.· 2005-10-19 ·cited 5×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1985 due to the intracorporate conspiracy doctrine and the exclusivity of the Rehabilitation Act. Rehabilitation Act claims were dismissed for failure to exhaust administrative remedies, and Florida Civil
• Cook v. Providence Hosp.
  820 F.2d 176· 6th Cir.· 1987-06-01 ·cited 5×
  The court held that a plaintiff's unsubstantiated denial of receipt of a right-to-sue letter is insufficient to create a genuine issue of material fact when there is overwhelming evidence of notice, and equitable tolling is not warranted.
• Anderson v. United States
  245 F. Supp. 2d 1217· M.D. Fla.· 2002-06-03 ·cited 3×
  The court held that the plaintiff's claim falls under admiralty jurisdiction, thus precluding a remedy under the FTCA, and that the plaintiff failed to meet the jurisdictional requirements of the EAJA for his admiralty claims.
• In re Chiquita Brands Int'l, Inc.
  792 F. Supp. 2d 1301· S.D. Fla.· 2011-06-03 ·cited 2×
  The court found that the Anti-Terrorism Act does not preclude Alien Tort Statute claims for terrorism by non-U.S. nationals, and that the ATS may recognize claims for terrorism if they meet specific international law criteria.
• Young v. W. Publ'g Corp.
  724 F. Supp. 2d 1268· S.D. Fla.· 2010-07-20 ·cited 2×
  The court held that "legal research" constitutes a permissible use under the Driver's Privacy Protection Act (DPPA), and an authorized recipient of information does not need to independently establish a permissible use for its own activities.
• Hames v. City of Miami
  479 F. Supp. 2d 1276· S.D. Fla.· 2007-03-20 ·cited 2×
  The court held that claims challenging Florida's appellate procedures were unripe, and federal constitutional claims for First Amendment retaliation, excessive fines, and due process violations failed to state a claim, leading to dismissal of federal claims and declining suppleme
• Pace v. Platt
  228 F. Supp. 2d 1332· N.D. Fla.· 2002-08-12 ·cited 2×
  The court held that the IRS and its employees are immune from suit for claims related to tax assessment and collection, and that plaintiffs failed to exhaust administrative remedies.
• Bennett v. Gen. Caster Serv. OF N. Gordon Co., Inc.
  976 F.2d 995· 6th Cir.· 1992-09-23 ·cited 2×
  A magistrate judge lacks the authority to enter a post-judgment order imposing Rule 11 sanctions, as such an order is dispositive and requires de novo review by the district court.
• The Careau Grp. v. United Farm Workers OF Am., AFL-CIO
  940 F.2d 1291· 9th Cir.· 1991-08-06 ·cited 2×
  The court held that the district court erred in fact-finding at the jurisdictional stage when those facts were entwined with the merits of the affirmative defense.
• Abbott J. Reeves v. Guiffrida
  756 F.2d 1141· 5th Cir.· 1985-04-08 ·cited 2×
  The court held that the district court had subject matter jurisdiction and that the plaintiff's claim should not have been dismissed under Rule 12(b)(6) because prior cases suggest estoppel against FEMA might apply.
• Sch. Bd. of Manatee Cnty. v. Lh
  666 F. Supp. 2d 1285· M.D. Fla.· 2009-09-30 ·cited 1×
  The court adopted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss as to the attorneys' fee claim and the § 1983 claim, and denying it in all other respects.
• Sec. & Exch. Comm'n v. Founding P'rs Cap. Mgmt.
  639 F. Supp. 2d 1291· M.D. Fla.· 2009-06-08 ·cited 1×
  The court held that Sun Capital, Inc. and Sun Capital Healthcare, Inc. are not proper relief defendants because they possess a legitimate ownership interest in the funds received, precluding dismissal of the complaint against them.
• Lippman v. City of Miami
  622 F. Supp. 2d 1337· S.D. Fla.· 2008-07-24 ·cited 1×
  The court held that the Federal Tort Claims Act (FTCA) claim was barred by sovereign immunity exceptions, specifically the detention of goods and discretionary function exceptions.
• Lamb v. Charlotte Cnty.
  429 F. Supp. 2d 1302· M.D. Fla.· 2006-04-21 ·cited 1×
  The court held that Plaintiff Lamb lacks standing to sue because he failed to demonstrate a concrete and specific intent to return to the defendant's facilities, and therefore, Access Now, Inc. also lacks standing.
• Bowman v. United States
  848 F. Supp. 979· M.D. Fla.· 1994-03-30 ·cited 1×
  The court held that the plaintiffs' claims for negligent burial and failure to warn fall under the FTCA's discretionary function exception, thus depriving the court of subject matter jurisdiction.
• First Union Nat'l Bank of Fla. v. N. Beach Prof'l Off. Complex, Inc.
  841 F. Supp. 399· M.D. Fla.· 1993-12-15 ·cited 1×
  The court held that North Beach failed to comply with FIRREA's claims procedure by not filing a motion to renew its counterclaims within sixty days of the FDIC's disallowance, and therefore, the claims are barred.
• Growth Horizons, Inc. v. Del. Cnty.
  983 F.2d 1277· 3d Cir.· 1993-01-21 ·cited 1×
  A district court's dismissal for lack of subject matter jurisdiction based on the legal insufficiency of a federal claim is improper; such claims should be decided on the merits. A public agency's refusal to pay for housing, even if influenced by bias, does not violate the Fair H
• Reybel Hernandez v. Barclays Mortg. Tr. 2022-RPL1
  S.D. Fla.· 2026-02-12
  The federal court dismissed the plaintiff's amended complaint, holding that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine and the prior exclusive jurisdiction doctrine, and that the claims failed to state a plausible legal claim.
• Raymond v. LSM Trading USA, LLC
  S.D. Fla.· 2026-02-03
  The court held that the plaintiff failed to establish personal jurisdiction and subject-matter jurisdiction, warranting dismissal of the amended complaint.
• Cushing v. Holowaty
  Del. Super. Ct.· 2025-12-11
  The court denied the motion to dismiss for lack of subject matter jurisdiction over the declaratory judgment claim, finding the plaintiff sought monetary damages. However, the court granted the motion to dismiss the declaratory judgment count as duplicative of the fraud claim. Th
• Bens v. Bryten Real Est. P'rs, LLC
  M.D. Fla.· 2025-10-17
  The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims do not require review of state court judgments, but the complaint is dismissed without prejudice for being a shotgun pleading.
• Tapan Bhargave v. Genesee Reg'l Bank
  M.D. Fla.· 2025-10-14
  The court held that the Rooker-Feldman doctrine does not bar the plaintiff's claims, but the complaint must be dismissed without prejudice for failure to properly allege diversity jurisdiction.
• Colosi v. Charlotte Cnty.
  M.D. Fla.· 2025-09-22
  The court held that the plaintiff had standing, the case was ripe, and not moot, denying the defendants' motions to dismiss for lack of subject matter jurisdiction.
• Jones v. United States
  N.D. Fla.· 2025-09-09
  The court recommended granting dismissal of the discrimination claim due to sovereign immunity and granting summary judgment on the medical malpractice claim for failure to provide expert testimony, but denying summary judgment on the sexual abuse/battery claim.
• Rose v. Harris
  S.D. Fla.· 2025-07-07
  Parents and their minor children sued Florida's Department of Children and Families, individual DCF caseworker Kara Faso, and a hospital after the family's newborn was seized based on bruising consistent with a breech birth, and the children were placed in foster care for six mon
• Marmol v. Attorney General of the United States
  S.D. Fla.· 2025-07-07
  The court held that it lacked subject matter jurisdiction over the mandamus claim because the availability of relief under the APA forecloses mandamus, and the delay in adjudicating the asylum application was not unreasonable under the APA.
• Piedrabuena v. Jaffe & Asher LLP
  S.D. Fla.· 2025-05-27
  The court held that it lacked subject matter jurisdiction because the plaintiff's claims were all state-law based and there was no complete diversity between the parties.
• Clements v. Moody
  M.D. Fla.· 2025-04-08
  The court held that it lacks jurisdiction to review the plaintiff's challenge to his prior state court conviction under the Rooker-Feldman doctrine, and that other claims fail to state a claim or are time-barred.
• Epoch Props., Inc. v. City of Palmetto
  M.D. Fla.· 2025-03-04
  The court held that Epoch has standing as a real party in interest and sufficiently alleged equitable title, but dismissed Epoch's per se takings claim because the property retained some economic value.
• Tarrau v. Club Demonstration Servs., Inc.
  S.D. Fla.· 2025-02-27
  The court held that a genuine issue of material fact exists regarding the enforceability of the arbitration agreement, requiring a trial on the issue of arbitrability.