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981 F.2d 962·
7th Cir.·
1992-12-14
·cited 1×
The court held that the complaint stated a claim under 26 U.S.C. § 7431(a)(2) and that plaintiffs should have been allowed to amend their complaint.
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790 F. Supp. 1130·
M.D. Fla.·
1992-04-08
·cited 1×
The court held that the defendants' counterclaims and affirmative defenses based on an alleged oral joint venture agreement were barred by the D'Oench doctrine and the federal holder in due course doctrine, as these agreements were not reflected in the bank's official records.
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765 F. Supp. 1504·
S.D. Fla.·
1991-06-24
·cited 1×
The court held that the plaintiffs failed to state a claim for federal constitutional violations and dismissed the pendant state law claims.
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922 F.2d 320·
6th Cir.·
1990-12-20
·cited 1×
The court held that the taxpayer's suit to recover overpaid taxes was timely because the IRS failed to provide sufficient evidence that a waiver of the notice of disallowance was filed, thus the two-year limitations period began from the date of the notice of disallowance.
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Del. Ch.·
2026-01-28
GOT Distribution SPV II, LLC sued an ESOP trust, its trustee, and the former CEO of DoubleRadius, Inc. for fraud and breach of contract relating to the sale of the company. The Delaware Court of Chancery denied the trust's motion to dismiss, holding that ERISA authorizes suits ag
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M.D. Fla.·
2025-09-18
The court held that a second amended complaint filed without leave was properly stricken, and that the plaintiff's allegations of a jail officer using fecal matter on handcuffs stated claims for deliberate indifference and excessive force, thus denying qualified immunity at the m
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M.D. Fla.·
2025-09-17
The court held that the venue clause in the senior secured promissory note and security agreement is permissive and does not mandate exclusive venue in Delaware.
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M.D. Fla.·
2025-09-16
The court held that the plaintiff's complaint was a 'shotgun pleading' and dismissed it without prejudice, allowing the plaintiff to file an amended complaint.
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M.D. Fla.·
2025-08-08
The court held that Plaintiff sufficiently alleged race and national origin discrimination for failure to promote, but failed to plead specific facts for claims of unfair performance evaluation, pay, and promotion, and failed to sufficiently allege causation for retaliation.
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11th Cir.·
2025-08-07
The court held that a breach of contract complaint need not specify the exact contractual provision breached to survive a Rule 12(b)(6) motion, as long as it plausibly alleges nonperformance and resulting damages.
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S.D. Fla.·
2025-07-23
Nicolas Manzini, a former lawyer, sued Miccosukee Tribe leaders Talbert Cypress and Lucas Osceola in federal court alleging they violated the Indian Gaming Regulatory Act and defrauded casino patrons by manipulating cash-out kiosks to avoid refunding coin change. The court found
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M.D. Fla.·
2025-07-10
The court held that a motion to dismiss for failure to state a claim under Rule 12(b)(6) is waived if filed after the defendant has already filed an answer.
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S.D. Fla.·
2025-06-04
The court granted plaintiff's motion for leave to amend its verified complaint, finding that amendment would not be futile and that defendants would not suffer undue prejudice.
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M.D. Fla.·
2025-06-02
The court held that the third amended complaint was facially insufficient and failed to comply with federal rules, warranting dismissal without prejudice.
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S.D. Fla.·
2025-05-28
The court held that the defendants' motions for judgment on the pleadings were denied because the SEC's complaint sufficiently alleged facts to establish that the real estate contracts constituted investment contracts under securities laws.
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M.D. Fla.·
2025-05-13
The court held that the fraudulent inducement claim failed to meet Rule 9(b)'s heightened pleading standard and the FDUPTA claim failed to allege consumer injury and actual damages.
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M.D. Fla.·
2025-04-23
The court held that the plaintiff's complaint failed to establish federal subject-matter jurisdiction and was inadequately pleaded, warranting dismissal.
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M.D. Fla.·
2025-04-08
The court held that the plaintiff failed to establish federal subject matter jurisdiction and failed to state a claim under 42 U.S.C. § 1983, warranting dismissal.
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S.D. Fla.·
2025-01-17
Plaintiffs descended from Cuban property owners brought a Title III Helms-Burton Act claim against Iberostar and its subsidiary Marcaribe for trafficking in a hotel and department store confiscated by the Cuban government in 1961, which Iberostar began operating in 2017. The cour
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M.D. Fla.·
2024-11-20
The court held that the amended complaint failed to state an actionable claim and was dismissed for abuse of the litigation process due to the plaintiff's failure to disclose prior related lawsuits.
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M.D. Fla.·
2024-10-21
The court held that Defendant's motion to dismiss under Rule 12(b)(6) was untimely and its motion for summary judgment was premature.
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S.D. Fla.·
2024-10-18
The court held that the plaintiff's federal securities law claims and state law claims for civil theft, conversion, and breach of contract were dismissed for failure to state a claim and failure to meet heightened pleading standards.
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M.D. Fla.·
2024-10-15
The court held that the plaintiff's complaint was deficient for failure to state a claim and potentially lacking subject matter jurisdiction, but granted the pro se plaintiff an opportunity to amend.
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S.D. Fla.·
2024-09-27
The court adopted the Magistrate Judge's Report and Recommendation, granting the application for discovery assistance under 28 U.S.C. § 1782 and denying the respondent's motion to dismiss and motion for stay and costs.
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S.D. Fla.·
2024-09-05
The court held that the defendant's motion to dismiss was timely filed, thus precluding the need for an answer and preventing default judgment.
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M.D. Fla.·
2024-08-21
A homeowner sued a solar installation company and its parent corporation for breach of contract and unjust enrichment, alleging they failed to complete solar system installation within the promised timeframe and failed to include a net-metering feature, causing her higher electri
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S.D. Fla.·
2024-08-16
The court held that the plaintiff's ADA claims could proceed to discovery, but his FMLA claims were dismissed with prejudice for failing to allege a serious health condition, and his state retaliatory discharge claim could proceed.
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N.D. Fla.·
2024-08-14
The court held that the plaintiff failed to state plausible claims for fraudulent concealment, securitization and securities violations, and recoupment/disgorgement, warranting dismissal.
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S.D. Fla.·
2024-08-05
The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
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S.D. Fla.·
2024-08-01
The court held that the plaintiff's allegations sufficiently stated claims for direct and vicarious liability, allowing the case to proceed past the motion to dismiss stage.
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M.D. Fla.·
2024-07-31
The court held that Colorado's anti-SLAPP statute's discovery stay provision is inapplicable in federal court because it is procedural and conflicts with the Federal Rules of Civil Procedure. Therefore, a stay of discovery is not warranted.
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M.D. Fla.·
2024-06-13
The court held that it lacked subject matter jurisdiction to hear the case, as the claims were either barred by the Rooker-Feldman doctrine or failed to state a federal question, and equitable relief was foreclosed by prior state court proceedings.
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S.D. Fla.·
2024-06-13
The court held that the plaintiff plausibly alleged claims under the FCRA for failure to ensure accuracy and conduct reasonable reinvestigations, and for failure to block identity theft information, thus denying the defendants' motion for judgment on the pleadings.
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M.D. Fla.·
2024-06-11
The court denied the motion to dismiss Count I of the counterclaim but granted the motion to strike the demand for a jury trial and attorney's fees.
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S.D. Fla.·
2024-05-06
A plaintiff's general allegation of fulfilling conditions precedent to filing an FMWA claim is sufficient at the motion to dismiss stage, and failure to satisfy a condition precedent does not deprive a federal court of subject matter jurisdiction.
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S.D. Fla.·
2024-04-22
The court held that the plaintiff sufficiently alleged facts to establish subject-matter jurisdiction regarding the IRS employee status of the individual who disclosed his tax information, but failed to sufficiently allege actual damages for his Privacy Act claim.
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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.·
2024-02-13
The court held that a public official is not entitled to absolute immunity for defamation if the statements were not made within the scope of her official duties, particularly when she lacked supervisory authority over the plaintiff.
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M.D. Fla.·
2024-01-23
The court held that the plaintiff sufficiently alleged Article III standing and stated a plausible claim under the Florida Telephone Solicitation Act, denying the motion to dismiss.
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M.D. Fla.·
2023-10-11
The court granted in part and denied in part the motion to dismiss, dismissing Count Two without prejudice for redundancy but allowing Counts One and Three to proceed.
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S.D. Fla.·
2023-10-10
The court held that leave to amend the complaint should be granted because the proposed amended complaint was not clearly futile, and the motion to dismiss was therefore denied as moot.
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S.D. Fla.·
2023-09-29
The court held that the plaintiff failed to adequately plead that the defendants acted as unregistered brokers or dealers under the Exchange Act, and thus Count IV is dismissed with prejudice. Remaining state law claims are dismissed without prejudice due to lack of federal quest
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M.D. Fla.·
2023-08-24
A request for leave to amend a complaint must be made by a formal motion, not embedded within a response to a motion to dismiss.
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M.D. Fla.·
2023-07-25
The court held that the Plaintiff failed to exhaust administrative remedies for her Florida Civil Rights Act claim, but did sufficiently allege exhaustion for her Title II Civil Rights Act claim. The court also found the Plaintiff's allegations regarding disability under Title II
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S.D. Fla.·
2023-07-21
The court held that Trendtex Holding has standing to sue for copyright infringement, but Trendtex Fabrics does not. Narmada Textile is not an indispensable party.
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M.D. Fla.·
2023-07-19
The court held that the plaintiff adequately pleaded claims for breach of contract, unjust enrichment, and declaratory judgment, but the request for attorney's fees was properly stricken due to lack of legal basis.
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M.D. Fla.·
2023-07-05
Aaron Rothenberg sued FedEx Corporation alleging that FedEx personnel engaged in a multi-faceted conspiracy to assault, defame, invade his privacy, and inflict emotional distress upon him since 2018, bringing claims for defamation, assault, invasion of privacy, intentional inflic
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M.D. Fla.·
2023-06-21
The court granted the motion to dismiss the counterclaim because it failed to state a claim upon which relief could be granted.
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S.D. Fla.·
2023-06-21
The court held that defendants' motion to dismiss was procedurally improper for filing a second Rule 12 motion, and their motion to strike was denied because the challenged allegations were not redundant, immaterial, impertinent, or scandalous.
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S.D. Fla.·
2023-06-09
The court held that the defendants waived their right to assert the PLRA exhaustion defense by failing to raise it in their initial motion to dismiss.