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M.D. Fla.·
2020-11-20
Steven Bunyan, a Department of Veterans Affairs employee, sued the United States and the VA Secretary for false imprisonment, racial discrimination, and assault stemming from a February 2016 incident in which he was arrested by a VA police officer following a physical altercation
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M.D. Fla.·
2020-09-15
The Court denied the defendant's motion to dismiss without prejudice because it failed to comply with local rules and directed the plaintiff to supplement the record regarding jurisdictional facts.
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S.D. Fla.·
2020-09-14
The court denied the defendant's motion to dismiss, finding that the plaintiff sufficiently alleged Article III standing and that claims based on pre-2004 conduct were not time-barred.
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M.D. Fla.·
2020-07-02
The court held that it lacks subject matter jurisdiction over the plaintiff's claims because the Veterans' Judicial Review Act (VJRA) precludes district court review of Department of Veterans' Affairs benefits decisions, and the plaintiff was challenging non-final agency actions.
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M.D. Fla.·
2020-06-23
The court held that the plaintiff received constitutionally adequate process and that his claims are barred by the availability of adequate state remedies, and that the arbitration claim fails due to lack of jurisdiction and the defendant not being a party to the arbitration agre
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M.D. Fla.·
2020-05-14
The court held that the plaintiff's claims under the Americans with Disabilities Act were moot because the defendants had voluntarily corrected all alleged architectural barriers.
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M.D. Fla.·
2020-04-15
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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M.D. Fla.·
2020-03-23
The court held that the plaintiff, as an assignee, lacked standing because the insurance policy's anti-assignment clause prohibited the assignment, and the post-loss exception did not apply to this type of policy.
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S.D. Fla.·
2019-11-25
The court held that the Florida Department of Health, Okeechobee County Health Department is an arm of the state, thus immune from suit under the Eleventh Amendment for ADA and FMLA claims, but not for Title VII claims.
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S.D. Fla.·
2019-11-13
The court held that it lacked diversity jurisdiction due to the LLC's citizenship being tied to its members, and that while federal question jurisdiction existed for one claim, supplemental jurisdiction over state law claims was declined as they predominated.
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M.D. Fla.·
2019-09-13
The court held that while the plaintiff had standing, her complaint failed to state a claim under Title III of the ADA and the Florida Declaratory Judgment Act due to unsubstantiated allegations and inapplicability of the state statute.
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M.D. Fla.·
2019-09-11
The court held that the plaintiff failed to exhaust administrative remedies for most claims and failed to state a constitutional claim against the remaining defendant.
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S.D. Fla.·
2019-08-27
The court held that it lacked subject matter jurisdiction because the United States has not accepted the Russian Federation's accession to the Hague Convention, rendering the Convention inapplicable between the two countries.
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M.D. Fla.·
2019-08-13
The court held that the United States is immune from liability under the Florida Recreational Use Statute, and therefore, the court lacks subject matter jurisdiction.
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Del. Ch.·
2019-03-26
The Court of Chancery lacks subject matter jurisdiction over Takeda's claims for declaratory relief and an anti-suit injunction because Takeda has an adequate remedy at law by asserting its purported license as a defense in the ongoing European patent infringement litigation. The
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Del. Super. Ct.·
2018-11-09
The court denied the defendants' motion to dismiss, finding that the home warranty's arbitration provision controlled over the contract's provision because it was later in time and explicitly deferred to the warranty. The court also determined that the prior arbitration proceedin
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Del. Ch.·
2018-11-02
The Court denied Defendant Alexion Pharmaceuticals, Inc.'s motion to dismiss Plaintiff Shareholder Representative Services, LLC's (SRS) breach of contract claim. The Court held that SRS's claim that Alexion failed to use Commercially Reasonable Efforts in developing SYNT001 was r
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110 La. 1030·
S.D. Fla.·
2018-09-29
The court granted the motion to dismiss, finding that plaintiffs failed to adequately plead subject matter jurisdiction and several causes of action, but allowed the accounting claim to proceed.
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836 F. Supp. 2d 677·
M.D. Fla.·
2013-10-10
The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
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743 F. Supp. 2d 103·
S.D. Fla.·
2013-03-11
The court held that the plaintiffs' claims under the Truth in Lending Act (TILA) were not brought in good faith and were contrary to the statute's purpose, warranting dismissal.
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462 F. Supp. 2d 360·
M.D. Fla.·
2012-12-21
A subrogated insurer's claim under the Federal Tort Claims Act is barred if the insured failed to file an administrative claim within the statutory period, and equitable tolling is generally not applicable to such claims.
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Del. Ch.·
2012-12-07
The Delaware Court of Chancery has subject matter jurisdiction over claims arising from LLC redemption agreements under the Delaware Limited Liability Company Act. The court also has jurisdiction over related legal claims under the cleanup doctrine. A claim for reformation of con
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169 F. Supp. 2d 676·
M.D. Fla.·
2012-12-05
The court held that the plaintiff failed to state a claim for indirect and contributory infringement because the complaint lacked sufficient factual allegations of pre-suit knowledge and specific intent to infringe.
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733 F. Supp. 2d 1336·
S.D. Fla.·
2010-08-18
The district court lacks subject matter jurisdiction over the plaintiff's challenge to the defendant's insourcing decision, as exclusive jurisdiction lies with the U.S. Court of Federal Claims.
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708 F. Supp. 2d 1315·
S.D. Fla.·
2010-04-28
The court held that the United States did not waive sovereign immunity under the FTCA for assault and battery claims by officers not empowered to enforce federal law, and that related negligence and IIED claims were barred as arising out of the assault and battery.
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622 F. Supp. 2d 1347·
S.D. Fla.·
2008-12-22
The court held that HUD's decision not to take enforcement action against the Housing Authority regarding the termination of Section 8 benefits is committed to agency discretion and therefore not subject to judicial review under the APA.
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447 F. Supp. 2d 1292·
M.D. Fla.·
2006-08-15
The court modified the Magistrate Judge's Report and Recommendation to include abstention analysis, denied the motion for preliminary injunction, and granted the motion to dismiss certain claims, abstaining from others.
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146 F. Supp. 2d 1290·
M.D. Fla.·
2001-06-07
The court denied USPS's motion to dismiss but granted the Union's motion to dismiss state law claims due to federal preemption. The Union's summary judgment motion was denied without prejudice.
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38 F. Supp. 2d 986·
N.D. Fla.·
1998-09-01
The court held that the United States is shielded from liability by the discretionary function exception to the Federal Tort Claims Act, thus dismissing the plaintiff's claims for lack of jurisdiction.
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969 F. Supp. 1317·
S.D. Fla.·
1997-06-23
The court held that the plaintiff's claims regarding termination based on drug test results were time-barred by the statute of limitations, but claims regarding the refusal to submit to arbitration were not.