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2021 WL 18·
M.D. Fla.·
2025-02-18
The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded $75,000, and therefore, the court lacked diversity jurisdiction.
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S.D. Fla.·
2025-01-27
The Court held that the unchecked box in the agreement pertained only to attorneys' fees and not the arbitration clause, thus the arbitration agreement was valid and enforceable.
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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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S.D. Fla.·
2024-12-23
The court held that it lacked subject matter jurisdiction over the breach of contract claim because the plaintiffs sought equitable relief, which is not authorized under the Little Tucker Act, and that the request for judicial review was improperly pleaded as it was filed prematu
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S.D. Fla.·
2024-10-22
The court recommends granting the motion to dismiss because the complaint is an impermissible shotgun pleading, failing to provide adequate notice of the claims against each defendant.
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M.D. Fla.·
2024-10-04
The court denied plaintiff's motion for default judgment because the amended complaint failed to state a claim upon which relief could be granted for both the ADA and breach of contract claims, and service issues remained for one defendant.
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Del.·
2024-06-28
The Delaware Supreme Court reversed the Superior Court's judgment, holding that the plaintiffs lacked standing to challenge the Permanent Absentee Statute and the Early-Voting Laws. The court found that neither plaintiff had alleged an injury in fact that was concrete, actual or
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M.D. Fla.·
2024-03-29
The court granted NASCAR's motion to dismiss, granted in part Koutoulas's and LGB Entities' motions, and denied Horsman's motion and plaintiffs' motions as moot. The court also dismissed claims against Horsman and the Foundation for improper addition as parties.
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S.D. Fla.·
2024-02-26
The court held that plaintiff sufficiently alleged claims for race discrimination, sex discrimination, retaliation, and disability discrimination, but dismissed the constructive termination claim for failure to exhaust administrative remedies.
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M.D. Fla.·
2024-02-09
The court held that the complaint is an impermissible shotgun pleading and must be stricken, preventing the court from determining the applicability of the ecclesiastical abstention doctrine.
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M.D. Fla.·
2024-01-04
The court held that the defendant failed to meet its burden of proving by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
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S.D. Fla.·
2023-11-08
The court granted in part and denied in part the motion to dismiss and strike, dismissing Counterclaim I and III without prejudice, denying dismissal of Counterclaim II, and treating Affirmative Defense 13 as a denial.
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M.D. Fla.·
2023-09-15
The court held that claims against Doyle are dismissed for lack of subject matter jurisdiction due to Eleventh Amendment immunity, and claims against Guinand are dismissed with prejudice based on absolute immunity. Claims against Rives are dismissed for failure to state a plausib
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Del. Super. Ct.·
2023-08-28
The Delaware Superior Court granted the Governor's motion to dismiss. The court held that the Governor is entitled to qualified immunity from damages for alleged violations of the U.S. Constitution because the law was not clearly established regarding the constitutionality of COV
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Del. Super. Ct.·
2023-08-11
The Court denied the defendants' motions to dismiss. The Court found that it had subject matter jurisdiction because the plaintiff's subrogation claims, seeking monetary damages in tort for injuries allegedly caused by pharmaceutical products, were not preempted by ERISA, as they
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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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M.D. Fla.·
2023-07-05
Four Navy service members challenged the Department of Defense's COVID-19 vaccination mandate and the Navy's policy of denying religious accommodation requests on constitutional and statutory grounds, seeking declaratory and injunctive relief. The court dismissed the case as moot
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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.·
2023-03-15
The court held that the plaintiff adequately pleaded standing and stated a claim under the Medicare Secondary Payer Act and for breach of contract, but dismissed the declaratory judgment count as duplicative.
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M.D. Fla.·
2023-03-02
Befaithful Coker, a community activist, sued multiple defendants, including city officials, a judge, and private citizens, alleging that they retaliated against her when the Lake City Council initially appointed but then refused to seat her on the council after she made public di
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S.D. Fla.·
2023-01-03
The court held that the declaratory judgment claim regarding past conduct was moot, but the claim concerning signatory status could proceed, and the gross negligence claim failed to state a cause of action.
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M.D. Fla.·
2022-09-26
Uniters North America and related entities sued ServeCo International entities for trademark infringement involving a counterfeit leather cleaner product. ServeCo counterclaimed with cybersquatting and trademark infringement claims based on the registration of www.serveco.net, wh
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Del. Ch.·
2022-07-08
The Court of Chancery granted the defendant's motion to dismiss, finding that the plaintiffs' claims for payment under the LLC Agreement were unripe and that their claims challenging the restrictive covenants lacked an actual controversy. The court dismissed the payment claim und
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Del. Ch.·
2022-06-29
The court held that the plaintiff's claims must be arbitrated before the NHL Commissioner, dismissing the action in favor of arbitration. The court found that the plaintiff, as a minority owner, was bound by the NHL Constitution and the 1999 Consent Agreement, which mandated arbi
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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.·
2022-03-16
The court held that Plaintiffs failed to establish standing for Jet ICU to bring an ERISA claim due to an anti-assignment clause in the plan and lack of proper assignment, and that the complaint failed to identify specific plan provisions for the claim.
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M.D. Fla.·
2022-02-07
The court held that it lacked supplemental jurisdiction over the permissive counterclaim because it did not arise from a common nucleus of operative fact with the federal claims, and alternatively, would decline to exercise jurisdiction as it would substantially predominate over
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Del. Ch.·
2021-12-03
The Delaware Court of Chancery dismissed the plaintiff's action to compel inspection of books and records under Section 220 of the Delaware General Corporation Law because the plaintiff lacked standing. The court held that Section 220(c) unambiguously requires a plaintiff to be a
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S.D. Fla.·
2021-11-22
The court held that the plaintiff failed to exhaust administrative remedies under the Medicare Act and that the declaratory judgment claim was duplicative, warranting dismissal.
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M.D. Fla.·
2021-10-18
The court held that the plaintiff's claim for an additional reimbursement award is barred by res judicata and failure to exhaust administrative remedies, and his claims for monetary damages are barred by sovereign immunity.
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M.D. Fla.·
2021-09-17
The court held that the contract's purported waiver of tribal sovereign immunity was too ambiguous to be effective, thus granting the tribe's motion to dismiss.
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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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S.D. Fla.·
2021-06-16
The court held that the TCPA's government-debt exception was severable, preserving federal question jurisdiction, and that while some TCPA claims could proceed, others were dismissed for lack of standing.
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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.·
2021-03-29
The court granted defendants' motion to dismiss, finding plaintiffs lacked standing to bring their claims.
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M.D. Fla.·
2021-03-26
The court held that it lacked diversity jurisdiction because the plaintiff failed to establish that defendant Navan, a key party for diversity purposes, was domiciled in Louisiana, and therefore, the LLC was also not diverse.
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S.D. Fla.·
2021-01-08
The court held that the plaintiff sufficiently pleaded seaman status and her claims for Jones Act negligence, maintenance and cure, unseaworthiness, and false imprisonment to survive a motion to dismiss.
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S.D. Fla.·
2020-12-22
The district court lacks subject matter jurisdiction to review claims challenging an alien's removal order or the proceedings leading to it, as these are exclusively vested in the courts of appeals under the Immigration and Nationality Act.
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Del. Ch.·
2020-12-14
The Delaware Court of Chancery denied SoftBank Group Corp. (SBG) and SoftBank Vision Fund (AIV M1) L.P.'s (Vision Fund) motions to dismiss The We Company's complaint. The court held that The We Company has standing to sue for alleged breaches of the Master Transaction Agreement (
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M.D. Fla.·
2020-12-14
The court held that the plaintiff failed to establish standing for most of her claims and failed to state a claim under Rule 12(b)(6) for others, primarily because she did not demonstrate a concrete injury-in-fact or causation for the alleged COBRA violations.
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S.D. Fla.·
2020-05-28
Plaintiff Aaron Fruitstone sued Spartan Race Inc., a Massachusetts-based obstacle course race organizer, alleging that it deceived consumers by charging a $14 mandatory "Racer Insurance Fee" marketed as a pass-through cost for third-party accident insurance, when in fact Spartan
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M.D. Fla.·
2020-05-06
The court held that the plaintiff sufficiently alleged standing and stated a claim under the FCRA, but deferred ruling on personal jurisdiction due to its entanglement with the merits of the case.
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N.D. Fla.·
2020-04-27
A Florida dog racing industry group and business owners challenged a constitutional amendment (Amendment 13) prohibiting commercial dog racing with wagering as violating the Takings Clause, Equal Protection Clause, Contracts Clause, and Due Process Clause. The court found it had
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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.·
2020-03-17
The court held that it lacked subject-matter jurisdiction because the complaint only pleaded state-law claims and did not present a federal question.
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S.D. Fla.·
2019-12-13
The court granted in part and denied in part the motion to dismiss, dismissing the declaratory judgment claim but denying dismissal of the breach of contract claim at this stage.
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M.D. Fla.·
2019-08-16
The court held that federal question jurisdiction exists in a declaratory judgment action if the plaintiff alleges facts showing the defendant could file a coercive action arising under federal law, even if the threatened action involves only state-law claims.
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Del. Ch.·
2018-10-05
The Court of Chancery denied the county defendants' motion to dismiss Count III of the complaint, finding that it possesses subject matter jurisdiction over the claim that the counties are violating the statutory "Market Value Requirement" by using decades-old property assessment
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Del. Ch.·
2015-12-01
The court granted the defendants' motion to dismiss, finding that the plaintiffs, inmates challenging a Delaware statute that denies them access to certain Department of Correction policies and procedures, failed to establish standing and did not state a claim upon which relief c