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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M.D. Fla.·
2024-07-31
The court held that Colorado's anti-SLAPP statute's discovery stay provision is inapplicable in federal court because it is procedural and conflicts with the Federal Rules of Civil Procedure. Therefore, a stay of discovery is not warranted.
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The court denied the motion to dismiss the breach of contract claim, finding it was not preempted by the FLSA and was sufficiently pleaded.
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S.D. Fla.·
2024-07-23
The court held that the plaintiff's amended complaint sufficiently alleged facts to state plausible claims for negligence, including notice of the dangerous condition and failure to warn, and denied the motion to dismiss.
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S.D. Fla.·
2024-07-23
The court granted in part and denied in part the motion to dismiss, allowing claims for sex discrimination and retaliation to proceed, but dismissing the hostile work environment claim for failure to plead objective severity.
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S.D. Fla.·
2024-07-22
The court held that the arbitration clause in the EULA was enforceable, compelling arbitration of claims against ExamSoft, and dismissed claims against Larkin for failure to state a claim.
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M.D. Fla.·
2024-07-22
The court held that the defendant's motion to dismiss should be denied because the plaintiff's claims under the FMLA, ADA, and FCRA were sufficiently pled.
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The court held that a plaintiff need only generally allege fulfillment of conditions precedent to filing suit, and the defendant must specifically deny them to raise the issue.
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The court held that the plaintiff's complaint must be dismissed because it fails to state a claim and constitutes an impermissible shotgun pleading.
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M.D. Fla.·
2024-07-12
The court held that the plaintiff failed to sufficiently plead a 'class of one' equal protection claim because it did not identify a similarly situated comparator with adequate specificity, and dismissed the procedural due process claim for failure to plead the unavailability of
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M.D. Fla.·
2024-07-09
The court held that the plaintiff's allegations did not plausibly state a claim for hostile work environment or age discrimination, but granted leave to amend.
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M.D. Fla.·
2024-07-02
A plaintiff must plead exhaustion of administrative remedies in their complaint, even if the parties do not dispute that exhaustion has occurred, to proceed with an ERISA claim.
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The court held that a prisoner's claim for denial of kosher meals can proceed against the chaplain who denied the request, but claims against other officials for denying grievances and claims for cruel and unusual punishment and equal protection are dismissed.
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The Delaware Supreme Court reversed the Superior Court's judgment, holding that the plaintiffs lacked standing to challenge the Permanent Absentee Statute and the Early-Voting Laws. The court found that neither plaintiff had alleged an injury in fact that was concrete, actual or
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M.D. Fla.·
2024-06-26
The court held that a motion to strike is not a substitute for a response to a motion to dismiss, and infringement contentions cannot be used to supplement a deficient complaint.
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M.D. Fla.·
2024-06-24
The court held that the plaintiff adequately stated claims for age discrimination under the ADEA and FCRA, but failed to state a claim for retaliation.
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The court held that the plaintiff's complaint sufficiently stated claims for negligent maintenance and failure to warn, both under direct and vicarious liability theories, and that the claims were not impermissibly vague or duplicative.
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Del. Ch.·
2024-06-21
The court affirmed the dismissal of the plaintiff's claims, holding that the stockholder vote approving the revised merger agreement was fully informed and uncoerced, thus cleansing the transaction under the Corwin doctrine. The court found that the plaintiff failed to adequately
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M.D. Fla.·
2024-06-20
The court held that the plaintiff's complaint failed to state a claim and lacked subject matter jurisdiction, warranting dismissal without leave to amend.
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Jane Doe sued the City of Miami and three police officers for conducting a strip search and body cavity search without proper authorization or sanitary conditions. The district court granted in part and denied in part the defendants' motion to dismiss, holding that the City is no
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M.D. Fla.·
2024-06-17
The court held that the defendants sufficiently pleaded claims for unenforceability based on inequitable conduct, thus denying the motion to dismiss.
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M.D. Fla.·
2024-06-17
The court held that the plaintiff sufficiently alleged Article III standing and that the amended complaint was not a shotgun pleading, but granted dismissal of the FTSA claim due to a recent amendment.
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Del. Ch.·
2024-06-14
The Court of Chancery recommended granting the motion to dismiss the plaintiff's complaint alleging breach of fiduciary duties in connection with a merger. The court found that while the entire fairness standard of review applied, the plaintiff failed to plead sufficient facts to
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The court held that the complaint constituted a shotgun pleading and failed to allege sufficient facts to establish direct patent infringement by the defendant, warranting dismissal with leave to amend.
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The Florida Supreme Court and Florida Bar are entitled to Eleventh Amendment sovereign immunity and cannot be sued in federal court. Gainsburg's claims against Joshua Doyle in his official capacity for equitable relief are barred by the Rooker-Feldman doctrine, which precludes fe
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The court held that the plaintiff plausibly alleged claims under the FCRA for failure to ensure accuracy and conduct reasonable reinvestigations, and for failure to block identity theft information, thus denying the defendants' motion for judgment on the pleadings.
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The court held that it lacked subject matter jurisdiction to hear the case, as the claims were either barred by the Rooker-Feldman doctrine or failed to state a federal question, and equitable relief was foreclosed by prior state court proceedings.
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S.D. Fla.·
2024-06-13
The court held that plaintiffs lacked standing to bring federal securities fraud claims because they did not purchase the securities, and that amendment would be futile due to the statute of repose. State law claims were dismissed for lack of supplemental jurisdiction.
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The court denied the motion to dismiss Count I of the counterclaim but granted the motion to strike the demand for a jury trial and attorney's fees.
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The court held that the plaintiff's allegations of negligence in failing to assist her into a transport van do not rise to the level of a constitutional violation under the Eighth Amendment.
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M.D. Fla.·
2024-06-10
The court held that the plaintiff's amended complaint sufficiently stated a plausible claim for negligent failure to warn, and it was not an impermissible shotgun pleading.
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M.D. Fla.·
2024-06-04
The court granted in part and denied in part the motion to dismiss, dismissing the official capacity claim as duplicative but allowing the individual capacity claim to proceed with an opportunity for the plaintiff to amend his complaint.
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The court granted in part and denied in part the motion to dismiss, ordering dismissal of certain counts and punitive damages while allowing others to proceed with an amended complaint.
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S.D. Fla.·
2024-06-03
The court held that plaintiff failed to sufficiently allege constructive notice for Carnival regarding the massage injury, but sufficiently alleged notice for One Spa World.
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S.D. Fla.·
2024-06-03
The court held that the plaintiff's amended complaint sufficiently stated claims for discrimination, retaliation, and interference under the Fair Housing Act, and that Florida's statutory immunity for corporate officers did not shield defendant Muller from liability under federal
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M.D. Fla.·
2024-05-28
The court held that the plaintiff's allegations sufficiently plead deliberate indifference to serious medical needs against the nurse and physician, thus denying their motion to dismiss.
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The court held that a plaintiff's request for injunctive relief is dismissed for failure to allege a threat of future injury, but other grounds for dismissal are denied, allowing the case to proceed.
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M.D. Fla.·
2024-05-23
The court held that the plaintiff's amended complaint failed to state a plausible claim for deliberate indifference against any of the named defendants.
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M.D. Fla.·
2024-05-22
The court held that the plaintiff failed to state a claim for malicious prosecution because the arrest warrant was supported by probable cause, and the supervisory liability claim failed due to the absence of an underlying constitutional violation.
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M.D. Fla.·
2024-05-21
The court granted the motion for a more definite statement, finding the complaint to be a shotgun pleading, and dismissed the age discrimination claim for failure to state a claim, while granting leave to amend the other claims.
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M.D. Fla.·
2024-05-10
The court held that the plaintiff sufficiently alleged violations of the Florida Telephone Solicitation Act and that the class allegations were not grounds for dismissal or striking at this early stage.
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S.D. Fla.·
2024-05-10
The court held that negligence and common law bad faith claims arising from an insurance policy are dismissed if they are not independent of the breach of contract claim and are governed by New York law, but a claim for breach of the duty of utmost good faith under federal mariti
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M.D. Fla.·
2024-05-07
The court held that the plaintiff's Second Amended Complaint sufficiently alleged a claim under the Defend Trade Secrets Act, and that supplemental jurisdiction over state law claims was appropriate.
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A plaintiff's general allegation of fulfilling conditions precedent to filing an FMWA claim is sufficient at the motion to dismiss stage, and failure to satisfy a condition precedent does not deprive a federal court of subject matter jurisdiction.
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The Court of Chancery granted the individual defendants' motion to dismiss, finding that the plaintiffs failed to plead sufficient non-conclusory facts to support claims of breach of fiduciary duty. The court held that allegations of "unauthorized communications" were conclusory
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M.D. Fla.·
2024-05-02
The court held that allegations made solely 'on information and belief' without sufficient supporting factual allegations do not meet the plausibility standard required for a motion to dismiss, leading to dismissal of several counts.
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S.D. Fla.·
2024-05-02
Marcia Taylor sued the Department of Homeland Security, alleging discrimination, retaliation, constructive discharge, false claims violations, and nepotism based on her treatment during employment and in hiring decisions. The court dismissed all five counts—the employment discrim
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M.D. Fla.·
2024-05-01
The court held that the plaintiff's Fourth Amended Complaint, specifically Counts I and III, constituted an impermissible shotgun pleading and dismissed those claims with prejudice. The remaining state law claims were dismissed without prejudice.
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The court held that the defendant's letter did not constitute a sufficient response to trigger the administrative exhaustion requirement under FOIA.
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The court held that a pro se plaintiff's complaint alleging a vast antisemitic conspiracy by a bankruptcy judge was frivolous and dismissed it with prejudice.
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The court held that the third amended complaint was still a shotgun pleading and failed to state a claim, but granted the pro se plaintiff one final opportunity to amend.