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 court granted Clover Network, LLC's motion to dismiss, finding that the plaintiff failed to state a claim for breach of contract or theft. The court determined there was no contractual relationship between the plaintiff and Clover, and evidence contradicted the plaintiff's al
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A district court is not required to sua sponte allow a pro se plaintiff to amend their complaint before granting summary judgment.
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The Delaware Superior Court granted Defendants' motion to dismiss Plaintiff's fraud in the inducement claim, finding that the allegations did not plead "separate and distinct facts" from the breach of contract claim and impermissibly "bootstrapped" the contract claim. However, th
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The court held that a Bivens claim does not extend to the facts alleged, as they present a new context and special factors, such as an alternative administrative remedy, counsel against recognizing such a claim.
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M.D. Fla.·
2025-02-04
The court held that the plaintiff sufficiently alleged standing and stated a claim for relief regarding deficiencies in the COBRA notice.
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Jane Doe sued Fenix International Limited (owner of OnlyFans) claiming it violated federal sex trafficking laws by knowingly facilitating the upload and sale of a video depicting her rape, but the court granted Fenix's motion to dismiss on the ground that Section 230 of the Commu
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M.D. Fla.·
2025-01-25
The court held that the amended complaint failed to sufficiently plead exhaustion of administrative remedies, warranting dismissal.
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Claims arising after the case initiation date are dismissed for failure to exhaust administrative remedies, Fourteenth Amendment claims are dismissed for failure to state a claim, and official capacity claims are dismissed due to Eleventh Amendment immunity.
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The court held that allegations regarding the placement of friction strips sufficiently pleaded notice for a general negligence claim, but the failure to warn claim was dismissed for failing to allege the danger was not open and obvious.
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M.D. Fla.·
2025-01-22
The court held that the plaintiff plausibly stated claims for substantive and procedural due process violations, and First Amendment retaliation, but dismissed the claim that the trespass policy was void for vagueness.
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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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The court held that the plaintiff adequately alleged actual notice of the dangerous condition, thus denying the defendant's motion to dismiss the negligence and failure to warn claims.
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Official-capacity claims against state employees for damages are barred by the Eleventh Amendment, as they are equivalent to claims against the state itself, and the State of Florida has not waived its sovereign immunity.
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S.D. Fla.·
2025-01-14
The court granted the motions to dismiss because the Second Amended Complaint was a "shotgun pleading" that failed to comply with Rule 8(a)(2).
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M.D. Fla.·
2025-01-14
The court held that the complaint sufficiently alleged publication and actual malice for defamation claims, denying motions to dismiss on those grounds.
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M.D. Fla.·
2025-01-13
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment and declined to exercise supplemental jurisdiction over state law claims.
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A pro se plaintiff cannot represent a trust, and a trust cannot state a claim under the FCRA as it is not a customer. The complaint is dismissed without prejudice to allow amendment.
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The court held that the plaintiff's complaint failed to state a plausible claim for relief under § 1983.
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M.D. Fla.·
2025-01-09
The court held that the plaintiff failed to adequately plead a valid and enforceable restrictive covenant, thus dismissing the breach of contract and tortious interference claims.
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S.D. Fla.·
2025-01-09
The court held that Plaintiff's individual claims (Counts I and II) fail because she was not a party to the independent contractor agreement, but claims brought by her business (Count III) survive dismissal and are subject to arbitration. Claims where the defendant waived argumen
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S.D. Fla.·
2025-01-09
The Court grants in part and denies in part the Defendant's motion to dismiss, dismissing Count I as a shotgun pleading and certain allegations in Counts I, II, and III as impermissible claims for negligent mode of operation.
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S.D. Fla.·
2025-01-08
The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2025-01-03
The court held that all of the plaintiff's tort claims are barred by Florida's independent tort doctrine because they are not independent of the breach of contract claim.
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The court held that the plaintiff failed to sufficiently allege municipal liability under § 1983 for malicious prosecution, but stated claims for state law false arrest and false imprisonment, as the issue of probable cause could not be resolved on a motion to dismiss.
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Del. Super. Ct.·
2024-12-23
The court denied the defendant's motion to dismiss, finding that the complaint adequately pleaded falsity and actual malice. The court held that the "gist" of the article, implying the plaintiff was involved in a scheme to defraud banks, was sufficiently challenged by the plainti
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S.D. Fla.·
2024-12-20
The court held that the plaintiff's allegations of intervening retaliatory actions, when viewed favorably, were sufficient to survive a motion to dismiss for failure to state a claim of Title VII retaliation.
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S.D. Fla.·
2024-12-20
James Williams, a male lawful permanent resident applying for U.S. citizenship, claimed that USCIS agents subjected him to discriminatory delays and additional scrutiny based on his sex in violation of the Fifth Amendment, the Privacy Act, and sought declaratory and injunctive re
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The court held that a plaintiff may plead promissory estoppel in the alternative to a breach of contract claim, even if an express contract exists, if the alleged promises fall outside the contract's terms.
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The court held that the plaintiff's second amended complaint, which relied on criminal statutes and failed to comply with pleading rules and prior court orders, should be dismissed without prejudice.
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S.D. Fla.·
2024-12-17
The court granted in part and denied in part the motion to dismiss, allowing claims for Unjust Enrichment and FDUTPA to proceed while dismissing claims for Breach of Express Warranty and Breach of Implied Warranty.
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Del. Ch.·
2024-12-13
The Court of Chancery dismissed a petition seeking reverse veil piercing and the appointment of a receiver for Delaware entities. The court held that reverse veil piercing is an extraordinary remedy only available in exceptional circumstances, and the petitioner failed to plead s
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M.D. Fla.·
2024-12-13
The court granted the motion to dismiss because the second amended complaint was an improper shotgun pleading, failing to comply with Rule 8.
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the city or the police captain, and recommended declining supplemental jurisdiction over the state law claims.
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The court held that while the settlement agreement's plain language unambiguously released the plaintiff's claims, disputes of material fact regarding defenses to contract formation (mistake, fraud, misrepresentation) preclude judgment on the pleadings.
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M.D. Fla.·
2024-12-04
The court held that the plaintiff failed to plausibly allege claims under the Sherman Act and Robinson-Patman Act, and therefore dismissed the state law claims as well.
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S.D. Fla.·
2024-12-03
The court held that the defendant's motion to dismiss the plaintiffs' unjust enrichment claims is denied because the claims are adequately pleaded under Louisiana law and are not barred by the existence of a separate breach of contract claim against a third party.
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M.D. Fla.·
2024-12-03
The court held that the fourth amended complaint must be dismissed because it constitutes a shotgun pleading, failing to provide defendants with adequate notice of the claims against them.
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The court held that the plaintiff failed to plausibly plead unlawful discrimination because of a disability, as his allegations were conclusory and lacked factual support regarding similarly situated employees or sufficient temporal proximity.
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Plaintiff Libreros sued his former employer Aviva Senior Living for FMLA violations, claiming interference and retaliation after his termination. The court granted defendant's motion to dismiss the Second Amended Complaint for failure to adequately allege a qualifying serious hea
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The court held that RFRA claims are dismissed, RLUIPA and KKK Act claims are dismissed, and compensatory damages are dismissed due to lack of physical injury, but Fourteenth Amendment Equal Protection and First Amendment Free Exercise claims for nominal and punitive damages may p
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M.D. Fla.·
2024-11-25
A pro se litigant sued the Perdue, Brandon, Fielder, Collins & Mott law firm and five Volusia Sheriff's Office officers, alleging an extensive conspiracy to defraud him and others through fraudulent collection practices and unconstitutional conduct over a twenty-year period. The
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The court held that the plaintiff failed to state a plausible claim for an Eighth Amendment violation against the medical defendants and the corporate defendant, and that claims against a John Doe defendant were dismissed for improper venue.
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The court held that the plaintiff's amended complaint failed to state a claim and was due to be dismissed without prejudice for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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The court held that the plaintiff inmate failed to state a plausible claim under the Eighth Amendment against either defendant, warranting dismissal.
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The court held that the plaintiff's pro se complaint must be dismissed without prejudice for failure to state a claim upon which relief can be granted.
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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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The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
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The Delaware Court of Chancery dismissed the plaintiffs' claims for breach of fiduciary duty and trespass, finding that the named defendants did not owe fiduciary duties to the plaintiffs and that the plaintiffs lacked exclusive possession for a trespass claim. The court denied t
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M.D. Fla.·
2024-11-19
The court held that while some negligence claims could proceed if rooted in a recognized tort like battery, the allegations of sexual battery were insufficient. Claims for Intentional Infliction of Emotional Distress and Tortious Interference with a Custodial Parent-Child Relatio
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The court held that the plaintiff's allegations were sufficient to state a plausible claim for vicarious liability against the defendant for negligent design by its employees, and thus denied the motion to dismiss.