1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
-
M.D. Fla.·
2024-09-16
The court held that the Carmack Amendment claim (Count IV) could proceed because the plaintiff plausibly alleged the defendant acted as a motor carrier, and the FAAAA preempts the negligence claims (Count V) against the defendant acting as a broker.
-
M.D. Fla.·
2024-09-13
The court held that mandamus relief is not available because plaintiffs have an adequate remedy under the APA and the agency does not have a clear nondiscretionary duty to adjudicate within a specific timeframe. The court also held that the claim for arbitrary and capricious agen
-
The court granted the defendant's motion for judgment on the pleadings, dismissing Counts I and VI without prejudice, with leave for the plaintiff to amend.
-
S.D. Fla.·
2024-09-12
The court held that the defendant is entitled to qualified immunity because the plaintiffs failed to demonstrate that the constitutional right they asserted was clearly established at the time of the alleged conduct.
-
The court held that the plaintiff failed to state a plausible claim for FLSA retaliation because she did not allege that the defendants' counterclaims lacked a reasonable basis in law or fact.
-
The court held that Day Late Enterprises, Inc. was misjoined as a party and was dismissed from the action because it was not a necessary party under Rule 19 and did not meet the criteria for permissive joinder under Rule 20.
-
The court held that the defendant's motion to dismiss was timely filed, thus precluding the need for an answer and preventing default judgment.
-
The court held that while official capacity claims are barred by Eleventh Amendment immunity, the plaintiff should be allowed to amend his complaint to add individual capacity claims, and the motion to dismiss is otherwise denied.
-
S.D. Fla.·
2024-09-05
The court held that the defendant, a member of the City of Miami Code Enforcement Board, is entitled to absolute quasi-judicial immunity for her actions during a hearing.
-
S.D. Fla.·
2024-09-05
The court held that the arbitration clause in the contract between PCS and InteRedes applies to the dispute, and that the non-signatory defendants can enforce this clause against the plaintiffs through equitable estoppel.
-
M.D. Fla.·
2024-09-04
The court held that the plaintiff failed to comply with mandatory pre-suit notice requirements for medical malpractice and failed to state a claim for false imprisonment.
-
A Bivens claim is unavailable when the alleged constitutional violation occurs in a new context and special factors, such as an existing alternative remedial structure, counsel hesitation.
-
The court held that the plaintiff's allegations of a lack of heat in his jail cell, without more, did not rise to the level of an "extreme" condition that would violate the Fourteenth Amendment, and thus failed to state a claim under 42 U.S.C. § 1983.
-
M.D. Fla.·
2024-08-30
The court held that a traffic citation alone does not constitute a seizure for purposes of a malicious prosecution claim under § 1983.
-
S.D. Fla.·
2024-08-29
The court held that the plaintiff sufficiently stated claims under the Florida Deceptive and Unfair Practices Act (FDUTPA) and the Florida Motor Vehicle Repair Act (FMVRA, Fla. Stat. § 559.903 et seq.), denying the defendant's motion to dismiss.
-
M.D. Fla.·
2024-08-28
The court held that the federal law claims in Counts XVIII and XIX were duplicative and dismissed Count XVIII, the willful and wanton conduct claim in Count XX was barred by sovereign immunity and dismissed, and the indemnification claim in Count XXVII was dismissed.
-
M.D. Fla.·
2024-08-27
The court held that the Defendant American Motorcyclist Association's motion to dismiss Plaintiff's third amended complaint is denied, as the waiver of liability is not clearly established as ratified and the claims for negligence and punitive damages are sufficiently pleaded.
-
M.D. Fla.·
2024-08-27
The court held that the plaintiffs' FLSA and FMWA claims against FSG were properly dismissed without prejudice for failure to adequately plead employer status and FMWA notice, but claims for breach of the Security Guard Service Agreement and quantum meruit against FSG could proce
-
M.D. Fla.·
2024-08-26
The court granted the motion to dismiss for failure to state a claim regarding the Monell claim and the failure to intervene claim.
-
M.D. Fla.·
2024-08-26
The parent and eight-year-old disabled student filed this discrimination suit against a school district and school officials, alleging physical abuse, failure to provide educational accommodations, and retaliation following complaints to authorities. The court granted the plainti
-
M.D. Fla.·
2024-08-23
The court held that the Ending Forced Arbitration Act (EFAA) requires a plaintiff to state a plausible claim of sexual harassment to be exempt from arbitration, and that the plaintiff's allegations, while numerous, did not meet the timeliness requirement for the EFAA.
-
The court recommended granting the motion to dismiss because the complaint failed to identify specific communications and explain how they violated the FDCPA and FCCPA.
-
The court recommended dismissal of the negligence and failure to warn claims for insufficient factual allegations regarding notice, but found the failure to render medical aid claim, including punitive damages, was sufficiently pleaded.
-
A homeowner sued a solar installation company and its parent corporation for breach of contract and unjust enrichment, alleging they failed to complete solar system installation within the promised timeframe and failed to include a net-metering feature, causing her higher electri
-
The court recommended dismissal of the amended complaint without prejudice because it contained conclusory allegations and failed to adequately plead notice of the dangerous condition, constituting a shotgun pleading.
-
M.D. Fla.·
2024-08-21
The court held that the plaintiff failed to state a plausible claim against the union for breach of its duty of fair representation and against the employer for breach of the collective bargaining agreement.
-
S.D. Fla.·
2024-08-21
The court held that the plaintiffs plausibly alleged violations of the FDCPA, as the default notices contained misleading threats of acceleration and foreclosure that could deceive the least sophisticated consumer.
-
S.D. Fla.·
2024-08-20
The court exercised personal jurisdiction over third-party defendants (Screenya, LLC, and two former ZAGG employees) in a counterclaim alleging violations of Florida's trademark and trade practices laws, finding that allegations of price fixing and anti-competitive conduct in Flo
-
The Court affirmed the Commissioner's denial of the Father's motion to reopen the 2016 child support order, finding no extraordinary circumstances and that the motion was untimely. However, the Court modified the child support to zero effective August 7, 2017, based on an interim
-
The court held that the plaintiff's ADA claims could proceed to discovery, but his FMLA claims were dismissed with prejudice for failing to allege a serious health condition, and his state retaliatory discharge claim could proceed.
-
M.D. Fla.·
2024-08-16
The court held that the plaintiff sufficiently pleaded an Eighth Amendment claim for deliberate indifference but failed to state a Fourteenth Amendment equal protection claim, and that his claims for injunctive and declaratory relief were moot due to his transfer.
-
S.D. Fla.·
2024-08-16
The court held that Shaquille O'Neal can be considered a 'seller' for Section 12(a)(1) claims due to his solicitations, and that Galaxy token claims are not time-barred, but some Astrals token claims are. The court also dismissed control person claims against O'Neal under Section
-
S.D. Fla.·
2024-08-15
The court held that the plaintiff sufficiently exhausted administrative remedies for his Florida Civil Rights Act (FCRA) and retaliation claims, despite the EEOC charge not explicitly mentioning the FCRA or the word 'retaliation'.
-
S.D. Fla.·
2024-08-15
A passenger died during a snorkeling excursion operated by Carnival Corporation and Cruise Ship Excursions Inc., and his estate sued for misleading advertising, negligent misrepresentation, and various negligence claims arising from allegedly dangerous conditions including strong
-
The court recommended granting the motion to dismiss the Second Amended Complaint as time-barred, but with leave to amend.
-
The court held that while the amended complaint sufficiently pleaded breach of contract and unjust enrichment, it was dismissed without prejudice as a shotgun pleading, requiring plaintiff to file a curative second amended complaint.
-
The court held that the plaintiff failed to state plausible claims for fraudulent concealment, securitization and securities violations, and recoupment/disgorgement, warranting dismissal.
-
The court held that the plaintiff failed to state a claim for breach of fiduciary duty under ERISA, a federal regulation, or the Federal Reserve Act, and also failed to state a claim under the Truth in Lending Act due to the statute of limitations.
-
The court held that the complaint constituted a shotgun pleading and should be dismissed without prejudice.
-
N.D. Fla.·
2024-08-12
The court recommended denying the defendants' motion to dismiss, finding that the plaintiff's allegations of excessive force and resulting injuries were sufficient to proceed, and that dismissal for failure to disclose prior litigation history or for lack of physical injury was n
-
The court held that the complaint's allegations regarding notice were conclusory and failed to state a plausible claim for negligence or negligent infliction of emotional distress, and that punitive damages may not be available for personal injury claims under maritime law.
-
M.D. Fla.·
2024-08-06
The court granted in part and denied in part the motion to dismiss, dismissing the mandamus and APA claims but allowing the plaintiff to amend his complaint for de novo review of his naturalization denial.
-
M.D. Fla.·
2024-08-06
The court held that the plaintiff's lawsuit was untimely filed and that the complaint failed to state a claim for relief due to improper pleading and insufficient allegations of disability. Furthermore, service of process was deficient, depriving the court of jurisdiction.
-
M.D. Fla.·
2024-08-05
The court held that the amended complaint was an impermissible shotgun pleading and dismissed it, but allowed claims for trademark infringement and breach of contract to proceed after repleader, finding sufficient allegations for likelihood of confusion and material breach.
-
The court granted in part and denied in part the motion to dismiss, dismissing individual plaintiffs' claims for lack of standing, claims against John Doe defendants, and supervisory liability claims, while allowing amendment for wrongful death claims and denying dismissal for ex
-
The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
-
The court held that a copyright infringement claim accrues under the discovery rule, meaning the statute of limitations begins when the plaintiff knew or should have known of the infringement.
-
The court held that the TCPA claim survives the plaintiff's death because the statute is primarily remedial, and that challenges to class representative adequacy are not properly raised in a motion to dismiss.
-
The court held that the plaintiff's allegations sufficiently stated claims for direct and vicarious liability, allowing the case to proceed past the motion to dismiss stage.
-
Del. Super. Ct.·
2024-07-31
The Court held that the plaintiff's claims against the individual DNREC employee did not relate back to the original filing and were barred by the statute of limitations. Consequently, the vicarious liability claim against DNREC for tortious interference with contract was also re