-
M.D. Fla.·
2023-05-15
The court held that a motion to dismiss the original complaint is moot once an amended complaint is filed, and the defendant has not shown grounds for dismissal of the amended complaint.
-
S.D. Fla.·
2023-04-17
The court held that the plaintiff's copyright infringement claim was timely filed under the discovery rule, and Zomato.com was not an indispensable party, thus denying the motion to dismiss.
-
M.D. Fla.·
2023-04-14
The court held that it had specific personal jurisdiction over Best Western International (BWI) and denied BWI's motion to dismiss for lack of jurisdiction and failure to state a claim regarding the "knowingly benefited" and "participation in a venture" elements of the TVPRA clai
-
S.D. Fla.·
2023-03-17
The court held that the defendant's motion to dismiss, which attacked the plaintiff's standing by disputing the merits of the underlying breach of contract claim, was premature and therefore denied.
-
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.
-
S.D. Fla.·
2023-03-08
The court held that the defendants' motion to dismiss was granted in part and denied in part, dismissing some claims with prejudice and others without prejudice, and requiring an amended complaint.
-
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
-
M.D. Fla.·
2022-12-20
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was subject to dismissal under the PLRA.
-
M.D. Fla.·
2022-12-13
The Court granted in part and denied in part Walmart's motion to dismiss, allowing strict liability claims to proceed but dismissing negligence claims without prejudice.
-
S.D. Fla.·
2022-10-20
The court held that allegations regarding unsolicited telephonic sales calls for educational services are sufficient to state a claim under the Florida Telephone Solicitation Act (FTSA), and that the defendant's motion to strike certain allegations was not warranted.
-
S.D. Fla.·
2022-10-07
The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim and that the court lacked subject matter jurisdiction.
-
M.D. Fla.·
2022-08-24
A contractual limitation period shorter than the statutory period is void under Florida law, and a motion to dismiss is not the proper vehicle to challenge the type of damages sought.
-
M.D. Fla.·
2022-07-12
The court granted in part and denied in part the defendant's motion to dismiss, dismissing one count but allowing others to proceed.
-
S.D. Fla.·
2022-05-20
A victim of sex trafficking sought to hold Marriott International, Hilton companies, G6 Hospitality, and craigslist liable under the Trafficking Victims Protection Act for facilitating her exploitation from 2008 to 2019. The court dismissed the case, finding that the hotel compan
-
S.D. Fla.·
2022-04-22
The court denied the plaintiff's motion to stay litigation on attorney's fees and costs pending appeal, as the plaintiff failed to meet the necessary legal standards for granting a stay.
-
S.D. Fla.·
2022-03-16
The court held that a credit report showing an account as '60 Days Past Due' despite being paid off and closed is potentially misleading and can survive a motion to dismiss for negligent violation of the FCRA, but claims for willful violation fail due to lack of factual allegatio
-
S.D. Fla.·
2022-03-01
The court held that the plaintiff's complaint sufficiently alleged facts to state a plausible claim for unpaid overtime wages and liquidated damages under the Fair Labor Standards Act, thus denying the defendants' motion to dismiss.
-
M.D. Fla.·
2022-02-10
The court held that the plaintiff's allegations were sufficient to state a plausible claim under the TCPA, and therefore the defendant's motion to dismiss was denied.
-
M.D. Fla.·
2022-01-31
The court held that the complaint failed to establish federal question jurisdiction or diversity jurisdiction, and thus dismissed all counts.
-
S.D. Fla.·
2022-01-06
The court held that a stay of discovery is not warranted pending resolution of a motion to dismiss when the motion is not clearly meritorious or case dispositive, and dismissal may not be final.
-
M.D. Fla.·
2021-12-07
The court denied the motion to dismiss the unpaid wages and retaliation claims, granted the motion to withdraw the notice of settlement, denied the motion for sanctions, and denied the motion to enforce settlement.
-
S.D. Fla.·
2021-10-04
The court held that a forum-selection clause in an employment agreement, not referenced in the complaint and not central to the claims, cannot be considered on a motion to dismiss. Venue is proper where defendants reside.
-
M.D. Fla.·
2021-09-16
The court held that The Orchards Condominium Association, Inc. failed to plead actual damages in its counterclaim for violation of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).
-
S.D. Fla.·
2021-09-13
The court held that the third-party complaint was improperly joined under Rule 14 and failed to state a claim for breach of contract due to lack of recoverable damages and failure to allege attorney incompetence.
-
M.D. Fla.·
2021-09-08
The court held that the plaintiff's amended complaint failed to state a claim for relief under RICO and constitutional law because it lacked sufficient factual allegations for predicate acts and municipal liability.
-
M.D. Fla.·
2021-08-19
The court held that the plaintiff's claims were not administratively barred, but dismissed some claims for failure to state a claim with prejudice.
-
S.D. Fla.·
2021-07-30
A prisoner who is a "three-striker" under 28 U.S.C. § 1915(g) must prepay the entire filing fee and cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
-
S.D. Fla.·
2021-07-23
The court held that it was premature to deny a motion to amend a complaint based on futility due to choice of law issues, as further briefing and factual development were needed.
-
M.D. Fla.·
2021-05-06
A victim of sex trafficking sued Wyndham Hotels & Resorts and the owner of a Super 8 hotel franchise, alleging she was trafficked at their property from 2014 to 2016 and asserting claims under the Trafficking Victims Protection Act, Florida RICO, premises liability, negligent hir
-
M.D. Fla.·
2021-04-27
The court held that the plaintiff's complaint sufficiently stated a claim for bad faith insurance practices, and the Civil Remedy Notice substantially complied with statutory requirements.
-
S.D. Fla.·
2021-04-08
The court held that Agrosale's third-party claims against the Caribbean Produce Parties were not properly brought under Rule 14 because they were not dependent on the outcome of the main action, and that Agrosale's proposed amendment was futile.
-
M.D. Fla.·
2021-03-29
The court granted defendants' motion to dismiss, finding plaintiffs lacked standing to bring their claims.
-
M.D. Fla.·
2021-03-08
The court denied the defendant's motions to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
-
M.D. Fla.·
2021-03-04
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and
-
S.D. Fla.·
2021-02-19
The court adopted the magistrate's report, granting dismissal for several counts while denying dismissal for others, and affirmed supplemental jurisdiction over related state law claims.
-
M.D. Fla.·
2021-02-02
An insurance company regulated by the Department of Financial Services is statutorily exempt from liability under the Florida Deceptive and Unfair Trade Practices Act, regardless of the specific activity at issue.
-
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.
-
M.D. Fla.·
2020-12-18
The court dismissed most claims for failure to state a claim or pleading deficiencies, granting leave to amend for some counts.
-
S.D. Fla.·
2020-12-07
The court granted the motion to dismiss claims against KAR and ADESA for lack of personal jurisdiction and dismissed Counts I-VI for improper joinder and as compulsory counterclaims.
-
M.D. Fla.·
2020-07-22
The court held that the amended complaint sufficiently stated a claim for uninsured/underinsured motorist benefits and properly alleged diversity jurisdiction.
-
M.D. Fla.·
2020-07-16
The court held that the plaintiff's reference to the Fourteenth Amendment was not a separate claim but supported the Fourth Amendment excessive force claim against a state actor.
-
S.D. Fla.·
2020-07-15
The court held that the plaintiff sufficiently alleged that an employee exceeded authorized access under the CFAA, but failed to adequately allege 'loss' under the statute, and dismissed that count with leave to amend. The court also found the plaintiff sufficiently alleged torti
-
M.D. Fla.·
2020-06-10
The court denied defendant Roger Daleiden's motions to dismiss, finding his arguments regarding tax enforcement frivolous and his motions procedurally deficient.
-
S.D. Fla.·
2020-06-04
The court granted judgment on the pleadings for the breach of contract claim because the alleged breach occurred after the settlement agreement's release period, and denied judgment on the tortious interference claim, granting leave to amend due to insufficient factual allegation
-
M.D. Fla.·
2020-06-04
A complaint need not plead facts to negate an affirmative defense like the statute of limitations, and a motion to dismiss is inappropriate when resolution depends on facts not yet in evidence.
-
M.D. Fla.·
2020-05-11
The court held that the counterclaims sufficiently alleged facts to put the plaintiff on notice of the claims against it and that the challenged allegations were relevant and not scandalous, thus denying the motion to dismiss and strike.
-
M.D. Fla.·
2020-04-15
The court held that the First Amended Complaint filed by HPD Advisors was improper because HPD failed to properly substitute or intervene as a party, and thus the complaint was stricken.
-
S.D. Fla.·
2020-03-31
The court held that allegations concerning a non-party are relevant if they explain the discovery of misconduct, and that claims for unjust enrichment and promissory estoppel are not premature when the defendant denies the existence of an express contract.
-
S.D. Fla.·
2020-03-25
The court held that the amended complaint failed to state sufficient factual allegations for FLSA claims and that state law claims would be dismissed for lack of jurisdiction after federal claims were dismissed.
-
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.