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M.D. Fla.·
2019-11-20
A breach of contract claim does not require pleading with particularity and a plaintiff is not required to attach the contract to the complaint in federal court.
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M.D. Fla.·
2019-09-11
The court granted in part the motion to dismiss, dismissing Counts II and III with prejudice for shotgun pleading, Count I with leave to amend for shotgun pleading, and Count IV without prejudice for failure to state a claim under FDUTPA due to statutory exclusion.
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129 La. 1021·
M.D. Fla.·
2019-06-28
The court held that oral representations regarding loan repayment terms are barred by Florida's Banking Statute of Frauds, and that the plaintiff failed to adequately plead damages for her claims.
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2016 U.S. Dist. LEXIS 27256·
M.D. Fla.·
2016-03-03
The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
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28 F. Cas. 281·
S.D. Fla.·
2012-11-27
The court held that claims not involving personal injury, illness, or death are subject to the cruise ticket contract's arbitration clause, while personal injury claims are not arbitrable under that clause.
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682 F. Supp. 2d 1302·
M.D. Fla.·
2010-02-01
The court held that the state agency is immune from suit under the Eleventh Amendment for FLSA retaliation claims, as Congress has not validly abrogated this immunity, nor has the state waived it by accepting federal funds.
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192 F.R.D. 552·
M.D. Fla.·
2007-03-06
The court held that the amended complaint substituting a successor entity as plaintiff relates back to the original filing date, and thus the defendant's motion to dismiss for lack of standing is denied.
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990 F.2d 451·
9th Cir.·
1993-03-29
The court held that the employer is not immune from liability for turning over exempt workmen's compensation benefits, as these were not subject to the IRS levy. The court also held that the dismissal of the claim challenging the procedural validity of the wage levy against the U
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951 F.2d 29·
3d Cir.·
1991-12-11
A district court cannot dismiss a complaint solely for failing to respond to a motion to dismiss based on a local rule, without analyzing whether the complaint states a claim upon which relief can be granted.
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942 F.2d 1467·
9th Cir.·
1991-08-26
The court held that employee claims are preempted by the Railway Labor Act if the railroad's conduct is arguably justified by a collective bargaining agreement, and that claims based on a Montana statute requiring compensation for home value decrease due to terminal closure are n
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919 F.2d 1041·
5th Cir.·
1990-12-26
The court held that while the district court erred in dismissing the case without reviewing the contract, the final result of dismissal is affirmed after reviewing the contract, as it did not negate the manufacturer's constitutional protection against laws impairing pre-existing
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878 F.2d 1472·
D.C. Cir.·
1989-06-27
The court held that the plaintiff failed to state a claim for breach of an employment contract and that there was insufficient evidence of publication to support a slander claim.
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823 F.2d 909·
5th Cir.·
1987-08-13
The court held that the plaintiff's claim was barred by the statute of limitations, but the dismissal should have been for summary judgment, not failure to state a claim.
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514 F.2d 142·
7th Cir.·
1975-04-07
The court held that the anti-pandering statute does not apply to mail that the recipient solicited, as this would be an unreasonable interpretation beyond congressional intent.
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358 F.2d 519·
D.C. Cir.·
1966-02-02
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340 F.2d 93·
2d Cir.·
1965-01-13
The court held that the district court erred in dismissing the complaint for judicial review of a Social Security Act determination, as the complaint, despite its flaws, stated a claim and evidence of timely filing existed.
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321 F.2d 480·
4th Cir.·
1963-06-29
The court held that the district court erred in dismissing the complaint for failure to state a claim or establish federal jurisdiction, as the plaintiff's allegations, if proven, could entitle him to relief under federal law.