1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
-
The appellate court affirmed the trial court's dismissal of defamation claims against Corbin and Gatewood, finding their statements in news articles constituted non-actionable opinions. The court also affirmed the denial of TREO's motion to dismiss based on claim splitting, holdi
-
11th Cir.·
2025-08-20
The court held that the district court erred in dismissing the complaint because, when viewed favorably to the plaintiffs, the allegations did not establish that they were similar to historical analogues like felons or dangerous individuals, failing the government's burden to jus
-
S.D. Fla.·
2025-08-18
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion to dismiss, and dismissing the complaint without prejudice, allowing the plaintiff an opportunity to amend.
-
S.D. Fla.·
2025-08-15
The court held that the amended complaint was a shotgun pleading and failed to state plausible claims for relief, warranting dismissal.
-
M.D. Fla.·
2025-08-15
The court held that the TCPA's prohibition on unsolicited calls applies to cellphones, even if the statute uses the term 'residential telephone subscriber'.
-
11th Cir.·
2025-08-15
The Eleventh Circuit held that the Superintendent did not meet her burden to invoke qualified immunity and that the plaintiff plausibly alleged First Amendment claims against her for viewpoint discrimination and retaliation. The court affirmed the dismissal of other claims.
-
The court held that while venue is proper in the Southern District of Florida, the case should be transferred to the District of Utah for the convenience of the parties and witnesses. Alternatively, the court recommended dismissal for shotgun pleading and failure to state a claim
-
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.
-
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.
-
S.D. Fla.·
2025-08-06
The court held that plaintiff's civil theft, conversion, and statutory claims are barred by the independent tort doctrine because they arise from the same contractual breach and are not independent torts. The conversion claim also fails for lack of specificity regarding the funds
-
M.D. Fla.·
2025-08-05
The court held that a private university is not subject to claims under the Fifth or Fourteenth Amendments, and the plaintiff failed to state a breach of contract claim due to lack of specificity.
-
S.D. Fla.·
2025-08-04
The court accepted the magistrate judge's report and recommendation, granting the defendants' motion to dismiss the plaintiff's amended complaint.
-
S.D. Fla.·
2025-08-03
The court held that Title VII claims are time-barred due to untimeliness and failure to establish equitable tolling, but FCRA claims are timely because the EEOC notice did not constitute a determination of reasonable cause, triggering a one-year limitations period.
-
The court recommended denying the motion to dismiss because the plaintiff's allegations sufficiently stated a claim for negligence and premises liability, and the claim did not fall under the statute barring 'mode of operation' claims for transitory foreign substances.
-
A dispute between two companies in the Near Field Communication industry in which AccessNinja accused PassNinja and its founder Richard Grundy of stealing proprietary software code, and PassNinja and Grundy countersued AccessNinja, Auston Bunsen, and investor HF0 Advisors for cop
-
The court held that the plaintiff's complaint failed to state a plausible claim for relief under the Fair Credit Reporting Act and the Florida Deceptive and Unfair Trade Practices Act due to insufficient factual allegations.
-
M.D. Fla.·
2025-07-31
The court granted the motion to dismiss, finding that the plaintiff failed to establish a seizure for malicious prosecution, that punitive damages were unavailable against the City, that injunctive relief was moot, and that the officer was protected by qualified immunity.
-
M.D. Fla.·
2025-07-28
The court held that the plaintiff's amended complaint was a shotgun pleading and contained serious deficiencies, warranting dismissal with prejudice.
-
The Court of Chancery dismissed the plaintiffs' claims, finding a lack of personal jurisdiction over Continental Stock Transfer & Trust Company, no standing for the breach of contract claim, and that the remaining claims were either time-barred or failed to state a claim upon whi
-
M.D. Fla.·
2025-07-24
The court recommended granting the motion to dismiss the FMLA claim because the amended complaint failed to plead sufficient facts to establish eligibility and notice requirements.
-
M.D. Fla.·
2025-07-24
The court held that Detective Strickland is not entitled to qualified immunity on claims of illegal detention and prosecution under the Fourth and Fourteenth Amendments, but is entitled to qualified immunity on the failure to intervene claim. The conspiracy claim is dismissed wit
-
Del.·
2025-07-23
The Delaware Supreme Court affirmed the Superior Court's dismissal of claims against the 2023 Insurers, finding that the alleged "information breach" did not constitute a separate "claim" under the policies and that, even if it did, it was barred by the Prior Acts Exclusions. How
-
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
-
The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiff failed to adequately plead demand futility. The court held that the plaintiff's theories of breach of fiduciary duty under Caremark, Massey, and Malone were insufficient to establish that
-
S.D. Fla.·
2025-07-16
The court held that a plaintiff's failure to submit a timely proof of loss within sixty days of the loss, as required by the Standard Flood Insurance Policy, bars recovery absent a written waiver.
-
The court held that the plaintiff's federal claims under the Truth in Lending Act and the FTC Act fail to state a claim, and the breach of contract claim does not arise under federal law. Remaining state law claims are dismissed for lack of jurisdiction.
-
The court held that the plaintiff adequately alleged race and national origin discrimination under Title VII, but claims under 42 U.S.C. § 1981 were dismissed due to Eleventh Amendment immunity, and leave to amend was denied.
-
M.D. Fla.·
2025-07-14
The court granted the motion to dismiss because the plaintiff failed to state a plausible claim for excessive force.
-
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.
-
The court held that the plaintiff's claims against the New Jersey defendants were time-barred and that venue was improper for the remaining claims, warranting transfer to the Southern District of Florida.
-
Mustapha Assi, a naturalized U.S. citizen, sued federal agencies after being placed on the Terrorist Screening Database and subjected to enhanced airport screening without explanation, claiming violations of the Administrative Procedure Act and his constitutional rights under the
-
A pretrial detainee who refuses appointed counsel has no constitutional right to access legal resources for his defense.
-
S.D. Fla.·
2025-07-07
The court held that it lacked subject matter jurisdiction over the mandamus claim because the availability of relief under the APA forecloses mandamus, and the delay in adjudicating the asylum application was not unreasonable under the APA.
-
S.D. Fla.·
2025-07-07
Parents and their minor children sued Florida's Department of Children and Families, individual DCF caseworker Kara Faso, and a hospital after the family's newborn was seized based on bruising consistent with a breech birth, and the children were placed in foster care for six mon
-
The Court of Chancery converted the defendants' motion to dismiss under Rule 23.1 into a motion for summary judgment on the discrete issue of director Schorr's independence, allowing for discovery. The court stayed consideration of the Rule 12(b)(6) motion pending the resolution
-
In Portes v. City of Doral, a federal district court granted in part and denied in part motions to dismiss brought by the city, individual police officers, and a security company in response to claims arising from the disputed arrest of Juan Jose Portes Jr. at his apartment compl
-
The court held that a motion for reconsideration under Rule 60(b)(1) cannot be used to relitigate old matters or raise new arguments that could have been previously presented.
-
The court held that the plaintiff's claims were derivative in nature and must be brought on behalf of the corporation, requiring the joinder of an indispensable party that would likely destroy diversity jurisdiction.
-
M.D. Fla.·
2025-06-27
The court held that the defendant sufficiently pled claims for negligence and bad faith against the insurer under Kansas law, thus denying the motion to dismiss.
-
A breach of contract claim under the National Flood Insurance Program is time-barred if filed more than one year after the mailing of the initial denial letter, regardless of whether that denial was based on a sworn proof of loss.
-
M.D. Fla.·
2025-06-24
The court held that the plaintiff failed to plead sufficient facts to establish a municipal policy or custom for a § 1983 claim based on failure to train, and thus dismissed the federal claim with prejudice.
-
S.D. Fla.·
2025-06-23
The court held that the plaintiff failed to state claims for unlawful retaliation and discrimination under the FMLA, PDA, and FCRA because she did not sufficiently allege protected activity, adverse employment actions, or causation.
-
M.D. Fla.·
2025-06-23
Officer Riggall is entitled to qualified immunity on the false arrest and most of the excessive force claims, but not for macing the plaintiff while she was handcuffed in the police cruiser.
-
M.D. Fla.·
2025-06-18
The court held that the plaintiff failed to establish grounds for recusal under 28 U.S.C. § 455.
-
Del. Super. Ct.·
2025-06-17
The Court denied the defendant's motion to dismiss the plaintiff's amended complaint for legal malpractice. The Court found that the plaintiff had adequately pleaded that the Court of Chancery had subject matter jurisdiction over the underlying action, that Delaware had personal
-
The court held that Plaintiff's claims against Defendant Lane are dismissed, official capacity claims for damages are dismissed, and the request for termination of an employee is stricken, but claims against Defendants Pope-Jones and Boone regarding excessive force and failure to
-
The court held that the plaintiff failed to state a cognizable federal claim under 42 U.S.C. § 406 and that the court should decline supplemental jurisdiction over the state law breach of contract claim.
-
The court held that a plaintiff must provide factual allegations to support claims of actual or constructive notice, and mere references to prior similar incidents are insufficient without detailing how they are substantially similar.
-
S.D. Fla.·
2025-06-11
The court held that the plaintiff's allegations regarding Arriva's failure to collect assignments of benefits were not sufficiently pleaded as false under the False Claims Act, as the definition of 'participating supplier' was genuinely ambiguous and inadequately briefed.
-
The court granted in part and denied in part the motion to dismiss, dismissing the procedural and substantive due process claims for failure to allege a protected liberty or property interest.