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M.D. Fla.·
2025-02-04
The court held that the plaintiff sufficiently alleged standing and stated a claim for relief regarding deficiencies in the COBRA notice.
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M.D. Fla.·
2025-01-16
The court held that the plaintiff failed to establish the amount in controversy by a preponderance of the evidence, warranting dismissal without prejudice for lack of subject matter jurisdiction.
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S.D. Fla.·
2025-01-09
The court held that Plaintiff's individual claims (Counts I and II) fail because she was not a party to the independent contractor agreement, but claims brought by her business (Count III) survive dismissal and are subject to arbitration. Claims where the defendant waived argumen
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M.D. Fla.·
2024-12-23
A suit under a National Flood Insurance Program policy is not ripe until the insurer issues a written denial of the claim.
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M.D. Fla.·
2024-12-18
The court held that it lacked subject matter jurisdiction over both the mandamus and Administrative Procedure Act claims because the processing of Form I-130s by USCIS is a discretionary act not subject to judicial compulsion.
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M.D. Fla.·
2024-10-24
The court held that a breach of contract claim under a Standard Flood Insurance Policy is unripe and subject to dismissal if the insured has not received a written denial of their claim.
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M.D. Fla.·
2024-10-24
The court held that a breach of contract claim under a National Flood Insurance Program policy is not ripe until the insurer issues a written denial.
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M.D. Fla.·
2024-09-13
The court held that mandamus relief is not available because plaintiffs have an adequate remedy under the APA and the agency does not have a clear nondiscretionary duty to adjudicate within a specific timeframe. The court also held that the claim for arbitrary and capricious agen
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M.D. Fla.·
2024-08-06
The court granted in part and denied in part the motion to dismiss, dismissing the mandamus and APA claims but allowing the plaintiff to amend his complaint for de novo review of his naturalization denial.
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M.D. Fla.·
2024-06-17
The court held that the plaintiff sufficiently alleged Article III standing and that the amended complaint was not a shotgun pleading, but granted dismissal of the FTSA claim due to a recent amendment.
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M.D. Fla.·
2024-04-15
The court held that a failure to plead compulsory counterclaims under Fed. R. Civ. P. 13(a) does not divest the court of subject matter jurisdiction. The court also denied the alternative motion for summary judgment and Rule 11 sanctions.
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M.D. Fla.·
2024-03-28
Jeffrey Clay sued the Department of the Navy under the Freedom of Information Act seeking the release of documents the Navy had withheld based on the deliberative process exemption, which Clay believed would demonstrate his innocence in a criminal case. The court dismissed the ca
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S.D. Fla.·
2024-03-18
The court held that the defendants failed to meet their heavy burden to show that the alleged ADA violations are moot, as there is a reasonable expectation that the conduct could recur.
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S.D. Fla.·
2023-11-17
The court held that the plaintiffs' claims were moot because the filing periods for H-1B visas had passed and the court could not grant meaningful relief. The court also found that the USCIS's rejection of petitions complied with regulations and that the Adjudicator's Field Manua
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M.D. Fla.·
2023-09-08
The court held that Eleventh Amendment sovereign immunity bars the § 1983 and breach of contract claims, and the Title IX claim fails for lack of plausible allegations of gender bias.
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S.D. Fla.·
2023-07-27
The court held that the plaintiff failed to adequately plead Article III standing, lacking subject matter jurisdiction to adjudicate the claims.
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M.D. Fla.·
2023-07-20
Plaintiff servicemembers financed timeshare interests with the defendants after being repeatedly told they could sell them back anytime due to their military status, but when they requested buybacks years later, the defendants refused. The court held that the plaintiffs had stand
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M.D. Fla.·
2023-07-10
The court held that the complaint must be dismissed for lack of subject matter jurisdiction because the plaintiff failed to plead a waiver of sovereign immunity and the Tucker Act vests exclusive jurisdiction for claims over $10,000 in the Court of Federal Claims.
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M.D. Fla.·
2023-07-07
The court held that the plaintiff had sufficiently alleged standing to bring an action for injunctive relief under Title III of the ADA, and therefore denied the defendant's motion to dismiss.
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S.D. Fla.·
2023-06-28
The court granted the defendant's motion to dismiss because the plaintiff failed to respond, and the defendant's arguments regarding the discretionary function and independent contractor exceptions to the FTCA were plausible.
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S.D. Fla.·
2023-06-01
The court held that the plaintiff failed to exhaust administrative remedies for claims based on lack of informed consent, and that while jurisdiction existed for intentional tort claims, those claims failed to state a claim upon which relief could be granted.
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Del. Super. Ct.·
2023-05-16
The court denied the defendant's motion to dismiss based on PREP Act immunity, finding that the complaint's allegations of ordinary negligence in a nursing home setting during the COVID-19 pandemic did not directly relate to the use or administration of a covered countermeasure.
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S.D. Fla.·
2023-04-05
The court held that Plaintiffs Garcia and Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions. The Attorney General and Chief Financial Officer are proper defendants.
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S.D. Fla.·
2023-04-04
The court denied defendants' motions to dismiss, finding that the DIG tokens could be considered investment contracts under the Howey test and that the complaint sufficiently alleged primary violations and aiding and abetting liability.
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S.D. Fla.·
2023-03-14
The court held that the Torture Victim Protection Act's exhaustion requirement is an affirmative defense, not a jurisdictional bar, and is best addressed at summary judgment, and that international comity does not apply when foreign proceedings did not involve the same parties or
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M.D. Fla.·
2023-02-17
The court held that the plaintiff failed to state a claim for mandamus relief or unreasonable delay under the APA, as the agency's processing time was not subject to a mandatory duty and the delay was not unreasonable.
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M.D. Fla.·
2023-01-04
The court held that the plaintiff sufficiently presented her claim to the Postal Service to satisfy the administrative remedies exhaustion requirement under the FTCA, thus denying the motion to dismiss.
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M.D. Fla.·
2022-10-07
The court held that plaintiffs failed to plausibly allege an injury in fact, which is a prerequisite for Article III standing.
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Del. Ch.·
2022-09-15
The Delaware Court of Chancery granted the respondents' motion to dismiss the petition for judicial dissolution, finding that the petitioner failed to state a claim upon which relief could be granted. The court also granted a motion to dismiss for lack of personal jurisdiction ov
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S.D. Fla.·
2022-08-18
The court held that it lacked subject matter jurisdiction because the plaintiff's claim for post-removal back pay arose from a removal action, which falls under the exclusive jurisdiction of the MSPB.
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M.D. Fla.·
2022-06-01
The court held that the plaintiff has standing to sue under the ADA because his alleged emotional harm from encountering inaccessible online reservation systems constitutes a sufficient injury in fact, and he has adequately alleged a likelihood of future injury for injunctive rel
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M.D. Fla.·
2022-05-03
The court held that the FMLA's employee numerosity requirement is not jurisdictional and that the plaintiff adequately pleaded FMLA interference and retaliation claims, but failed to plead a failure-to-accommodate claim under the ADA/FCRA.
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M.D. Fla.·
2022-04-19
The Court held that claims against the United States arising from alleged misrepresentations about the nature of pets were barred by the misrepresentation exception to the Federal Tort Claims Act, and thus the Court lacked subject matter jurisdiction.
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S.D. Fla.·
2022-03-31
The court held that while dismissal was not warranted, abstention under Colorado River was appropriate due to parallel state court litigation, leading to a stay of the federal action.
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M.D. Fla.·
2022-03-29
The court denied the defendant's motion to dismiss as moot because the parties appeared to agree on dismissal without prejudice, and the plaintiff could file a voluntary dismissal.
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S.D. Fla.·
2022-03-25
The court held that the dispute over Spirit Airlines' plan to open a second control center constitutes a 'minor dispute' under the Railway Labor Act, over which federal courts lack subject-matter jurisdiction.
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M.D. Fla.·
2022-03-22
Employees brought a consolidated class action against a payroll services company for a 2020 data breach that exposed sensitive personal information, alleging negligence, breach of contract, and other statutory claims based on subsequent attempted fraud using their compromised dat
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S.D. Fla.·
2022-02-01
The court held that the 'Loan Agreement and Promissory Notes' are likely securities under the Securities Acts because they fail the 'family resemblance' test, and thus the court has subject matter jurisdiction.
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M.D. Fla.·
2022-01-25
The court held that it lacked subject matter jurisdiction over the Quiet Title Act claim because the plaintiffs failed to allege a disputed interest vis-à-vis the United States, and the claim was a disguised takings claim properly before the Court of Federal Claims.
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M.D. Fla.·
2022-01-19
The court held that the plaintiffs failed to satisfy the statutory notice requirement for their Title II claim against LKJ, warranting dismissal, and therefore declined to exercise supplemental jurisdiction over the remaining state law claims.
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M.D. Fla.·
2022-01-11
The court held that the plaintiff's claims were properly brought as a derivative action and that the plaintiff adequately pleaded satisfaction of the statutory demand requirement, thus denying the motion to dismiss.
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M.D. Fla.·
2021-09-27
The court held that it lacked subject matter jurisdiction over claims challenging tax assessments and collections due to sovereign immunity and statutory bars, and that a claim regarding a 'seriously delinquent tax debt' certification failed to state a claim.
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M.D. Fla.·
2021-09-10
Davis sued debt collector Portfolio Recovery Associates for violations of the Fair Debt Collection Practices Act based on a collection letter concerning a time-barred debt, alleging the letter's disclaimer and settlement offers were misleading because they failed to clearly state
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M.D. Fla.·
2021-08-17
The court held that it lacked subject-matter jurisdiction to review the denial of an immigration waiver application because the Immigration and Nationality Act (INA) precludes such review, and the plaintiffs' attempt to frame the claim as a procedural error did not overcome this
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M.D. Fla.·
2021-08-09
The court held that the parties agreed to arbitrate whether a grievance complied with the procedural requirements of the CBA, and thus, the hospital's refusal to arbitrate based on alleged procedural deficiencies was a matter for the arbitrator to decide.
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M.D. Fla.·
2021-06-17
The court held that plaintiffs failed to establish subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA) because they did not demonstrate that their property was taken in violation of international law or that a sufficient commercial nexus existed.
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M.D. Fla.·
2021-05-27
The court held that the University of South Florida Board of Trustees is immune from suit in federal court under the Eleventh Amendment for state law claims, and that the federal claims failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2021-02-23
The court held that the plaintiffs' claims against the bank were not ripe for adjudication because they hinged on the contingent future event of securing a judgment in a pending malpractice case and being unable to collect on it.
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Del. Super. Ct.·
2021-01-21
The appellate court affirmed the trial court's dismissal of the plaintiffs' claims, holding that the plaintiffs lacked standing. The court found that the alleged "imminent risk of future harm" from the data breach was not concrete, particularized, actual, or imminent, and that th
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M.D. Fla.·
2020-11-30
The court held that the assignor of insurance benefits lacks standing to sue after a valid assignment, but the assignee retains standing.