1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
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The Delaware Supreme Court reversed the Court of Chancery's dismissal of Erste's claim for relief from judgment under Rule 60(b)(3), holding that the rule applies to fraud between parties that prevents a party from fairly presenting its case, not solely to fraud on the court. The
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M.D. Fla.·
2025-06-09
The court recommended dismissal of the amended complaint because it constituted a shotgun pleading and failed to adequately plead subject matter jurisdiction, but granted the pro se plaintiff one more opportunity to amend.
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Del. Ch.·
2025-06-06
The court held that a party claiming breach of a forum selection clause can recover damages measured by the expenses incurred litigating in the foreclosed forum. The court rejected arguments that the American Rule bars such recovery, that injunctive relief is the exclusive remedy
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The court held that the plaintiff's lawsuit was timely filed within one year of the insurer's denial of her claim, and the issue of prejudice from a late proof of loss is a question of fact not suitable for dismissal at this stage.
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M.D. Fla.·
2025-06-05
The court held that the third-party vehicle entanglement constituted an intervening cause that severed any potential liability of the defendants, as it was unrelated to the alleged product defect and not foreseeable.
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M.D. Fla.·
2025-06-04
The court granted the parties' joint motion to stay case management deadlines pending resolution of the defendants' motion to dismiss.
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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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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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Del. Super. Ct.·
2025-06-02
The appellate court affirmed the dismissal of the amended complaint, holding that the breach of contract claim failed for lack of factual allegations supporting damages proximately caused by the breach, and the fraud claim failed for lack of separate damages and particularity. Th
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S.D. Fla.·
2025-05-28
The court held that Sergeant Marckioli is entitled to qualified immunity because his use of deadly force was objectively reasonable under the circumstances, and even if it were not, the right was not clearly established.
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The court held that the plaintiffs' motion for leave to file a second amended complaint was denied because amendment would be futile, as all proposed claims were subject to dismissal.
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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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S.D. Fla.·
2025-05-27
Arch Insurance Company, as surety on performance bonds for a Miami Beach construction project, sued A3 Development and related entities for breach of contract after they depleted funds, made wrongful demands under the bonds, and performed corrective work without notice to Arch. T
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A prisoner's complaint alleging deliberate indifference to a substantial risk of serious harm from a cellmate, or retaliation for filing grievances, fails to state a constitutional claim if it lacks specific factual allegations of threat or harm, and a mere denial of grievances d
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The court granted in part and denied in part the motions to dismiss, finding it had jurisdiction and that the litigation privilege was inapplicable, while dismissing some claims with leave to amend.
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Del. Super. Ct.·
2025-05-21
The Delaware Superior Court granted the defendants' motion to dismiss, holding that the plaintiff's claims were barred by the statute of limitations because he strategically ignored a forum selection clause, thus rendering the Delaware Savings Statute inapplicable. Furthermore, e
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N.D. Fla.·
2025-05-21
The court held that the plaintiffs failed to state a claim upon which relief can be granted against the defendant courts and judges, due to various immunities and pleading deficiencies.
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M.D. Fla.·
2025-05-21
The court held that the plaintiff sufficiently pleaded claims for false advertising under the Lanham Act and unfair competition under Florida common law, thus denying the defendant's motion to dismiss.
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The court held that the amended complaint still fails to state a claim for breach of fiduciary duty under ERISA, as the defendants were not on notice of the plaintiff's confusion at a time when action could have been taken, nor did they have an affirmative duty to warn about exte
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N.D. Fla.·
2025-05-19
The court held that the plaintiff failed to plausibly allege a claim under the Electronic Fund Transfer Act (EFTA) because she did not specify the type of account involved, and recommended declining supplemental jurisdiction over the state law claim.
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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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S.D. Fla.·
2025-05-12
The court held that the complaint was an impermissible shotgun pleading and that the Title VII claims were untimely, warranting dismissal.
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M.D. Fla.·
2025-05-09
A defendant's motion to dismiss an amended complaint should be denied if the plaintiff has plausibly alleged facts sufficient to state claims for pregnancy discrimination, retaliation, and whistleblower retaliation, and has administratively exhausted those claims.
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M.D. Fla.·
2025-05-08
The court held that it must sua sponte inquire into subject matter jurisdiction, and it is uncertain whether the plaintiffs have standing in this data breach case, thus deferring the motion to dismiss.
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S.D. Fla.·
2025-05-07
The court held that the plaintiff failed to sufficiently plead actual knowledge and substantial assistance for its aiding and abetting claims against the bank.
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M.D. Fla.·
2025-05-07
The court held that the independent contractor agreements' class and collective action waivers are enforceable, striking those allegations, but denied the motion to dismiss the New Jersey Wage Payment Law claim.
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M.D. Fla.·
2025-05-07
The court dismissed the deliberate indifference claim, failure-to-intervene claims against most defendants, and excessive-force claims against three defendants, finding some claims duplicative or unsupported by factual allegations.
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The court held that a case on appeal is considered 'pending' for the False Claims Act's first-to-file rule, and that res judicata applies when a prior dismissal, including a denial of leave to amend, is affirmed on appeal.
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The court held that while the Third Amended Complaint plausibly alleged a serious health condition and proper notice for FMLA leave, it failed to sufficiently allege prejudice resulting from FMLA interference, leading to the dismissal of Counts I and II.
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The court held that the plaintiff failed to plausibly allege that the defendant participated in a venture with the sex traffickers, a necessary element for a TVPRA sex trafficking beneficiary claim.
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A contract cannot waive FLSA rights, and seaman status under the Jones Act does not automatically exempt an employee from FLSA overtime provisions.
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The Delaware Court of Chancery granted defendants' motion to dismiss derivative claims, finding that plaintiffs failed to plead demand futility with particularity. The court held that the plaintiffs did not adequately allege that the directors faced a substantial likelihood of li
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The court held that the jury trial demand in the amended counterclaim is stricken, but the claims for breach of the implied covenant of good faith and fair dealing, deceptive business practices, and fraud survive the motion to dismiss.
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The court held that the amended complaint was a shotgun pleading subject to dismissal, but granted leave to amend, and denied dismissal based on failure to exhaust administrative remedies or lack of protected class status.
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Dr. Jason Lakatos, a physician who worked for Florida IPS Medical Services, sued for wrongful termination after he was forced to resign in 2021 for refusing to comply with the employer's mandatory use of Remdesivir and prescribing policies that contradicted his medical judgment r
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The court granted in part and stayed in part the defendant's motion to dismiss. The breach of promissory note claim was stayed pending resolution of a related Chancery Action. The declaratory judgment claim was dismissed as duplicative. The claim for breach of the implied covenan
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Del.·
2025-04-28
The Court reversed the Court of Chancery's order granting dismissal, holding that the final sentence of Section 9.3.2(a) of the Merger Agreement clearly establishes a condition precedent that can trigger a forfeiture for noncompliance with the notice requirements. However, becaus
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M.D. Fla.·
2025-04-24
The court held that claims against certain defendants were unexhausted or failed to state a claim, but allowed retaliation and excessive force claims against others to proceed.
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The court held that a pro se plaintiff's complaint seeking social security benefits must be dismissed for failure to exhaust administrative remedies, as no exceptions applied.
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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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The court held that the plaintiff sufficiently pleaded claims for retaliation under the False Claims Act and Florida's Private Whistleblower Act, denying the defendant's motion for judgment on the pleadings.
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Del.·
2025-04-22
The Delaware Supreme Court reversed the Superior Court's dismissal of the buyers' fraudulent inducement and indemnification claims. The Court held that the letter agreement was ambiguous regarding the waiver of fraud claims, and that the buyers had sufficiently pleaded fraudulent
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M.D. Fla.·
2025-04-22
The court denied the motion to abstain, finding the federal action was filed first and the state court's interest in resolving Florida insurance law issues was minimal. The court also began analyzing the motion to dismiss the counterclaims.
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The court held that the plaintiff failed to state a plausible claim for relief under the Eighth Amendment for excessive force or deliberate indifference to serious medical needs.
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The court recommended dismissal of the plaintiff's complaint for failure to state a claim, but with leave to amend.
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S.D. Fla.·
2025-04-18
The court held that the plaintiff adequately pleaded both vicarious liability and direct negligence claims, denying the defendant's motion to dismiss.
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S.D. Fla.·
2025-04-16
The court granted in part and denied in part the motion to dismiss, dismissing Counts V and VI without prejudice for failing to plead independent tort damages and meet Rule 9(b) particularity, but allowing Plaintiff to amend.
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M.D. Fla.·
2025-04-16
The court held that the plaintiff's amended complaint failed to sufficiently allege facts supporting the enforceability of restrictive covenants regarding geographic scope, extraordinary training, and legitimate business interests.
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The court held that the amended complaint was a shotgun pleading and dismissed it with prejudice because the plaintiff failed to cure the deficiencies after previous opportunities to amend.
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Official-capacity claims against state officials are barred by sovereign immunity and because states/agencies are not 'persons' under § 1983.