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.·
2024-01-29
Official-capacity claims are dismissed due to Eleventh Amendment immunity, but the individual-capacity failure-to-intervene claim against Defendant Gahrmann survives the motion to dismiss.
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M.D. Fla.·
2024-01-29
The Court granted in part and denied in part the motion to dismiss, dismissing most claims due to Eleventh Amendment immunity but granting leave to amend the Title IX claim.
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The court accepted the magistrate judge's recommendation to dismiss the plaintiff's claims for failure to exhaust administrative remedies, granting the defendant's motion to dismiss.
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S.D. Fla.·
2024-01-27
The court held that the amended complaint was a shotgun pleading and failed to state claims under the Fair Housing Act, dismissing all counts with leave to amend.
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M.D. Fla.·
2024-01-26
The court held that the plaintiff failed to state a plausible claim for deliberate indifference against any of the named defendants, and thus granted the motion to dismiss.
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A creditor's stated reason for adverse action under the ECOA is sufficient if it tracks approved sample forms, and falsity of the reason is not grounds for an inadequate notice claim. Federal courts may decline supplemental jurisdiction over state law claims after dismissing fede
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S.D. Fla.·
2024-01-25
The court held that it lacked subject matter jurisdiction because the cited federal regulation does not create a private right of action and the plaintiff failed to establish standing.
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M.D. Fla.·
2024-01-25
The court held that the plaintiff prisoner's allegations sufficiently pleaded claims for excessive force, failure to intervene, assault, and battery, thus denying the defendants' motions to dismiss based on qualified immunity and failure to state a claim.
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S.D. Fla.·
2024-01-24
Sullenberger sued the City of Coral Gables and police officers under federal civil rights law after they arrested him at his home on December 2, 2017, when he was found holding a shotgun during a response to a burglar alarm. The district court dismissed his claims under 42 U.S.C.
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The court adopted the magistrate judge's report and recommendation, granting in part the defendants' motion to dismiss.
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The court held that Plaintiff's racial and disability discrimination claims could proceed, but her religious discrimination claims were dismissed with prejudice.
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The court held that the FLSA preempts breach of contract claims based on overtime or misclassification, but not claims for unpaid salary and commission under an oral employment agreement. The court also found the employment-at-will doctrine inapplicable and that special damages f
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The court held that the plaintiff sufficiently alleged Article III standing and stated a plausible claim under the Florida Telephone Solicitation Act, denying the motion to dismiss.
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The court held that the amended complaint adequately stated claims for trademark infringement and unfair competition, but dismissed claims for injunctive relief and attorney's fees as standalone causes of action.
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M.D. Fla.·
2024-01-22
The court held that the plaintiff failed to state a plausible claim for deliberate indifference under the Eighth Amendment against Dr. Cordero and Centurion, and also failed to state a claim against the FDOC under the ADA and RA.
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M.D. Fla.·
2024-01-18
The court held that Plaintiff failed to state a plausible conspiracy claim against the nurse defendants, but denied the motion to strike and found Plaintiff had exhausted administrative remedies for the conspiracy claim.
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The court held that the plaintiff stated a plausible Eighth Amendment claim against Defendant Garner for deliberate indifference to a known risk of harm, but dismissed the retaliation claim against Defendant Tomlin.
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S.D. Fla.·
2024-01-12
The court held that HMD's negligence claim against Q1 is preempted by the Federal Aviation Administration Authorization Act (FAAAA), and HMD failed to state a plausible claim for breach of contract.
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The court held that the plaintiff plausibly alleged constructive notice of the dangerous condition through prior similar incidents and sufficiently stated claims for negligent maintenance, failure to warn, training, and design, but failed to adequately plead negligent supervision
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The court held that the plaintiff failed to state a claim for negligence because she did not adequately allege that the cruise line had actual or constructive notice of the risk-creating condition that caused her injury.
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The court held that the plaintiff failed to state a claim for retaliation under the Florida Whistleblower's Act, race-based discrimination under Title VII, or retaliation under Title VII, granting the defendant's motion to dismiss.
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The court held that public defenders are not state actors for § 1983 claims, and claims against Lake County defendants failed for lack of policy/custom. Claims against the clerk were dismissed due to quasi-judicial immunity. Some retaliation claims against deputies remain.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and constituted a shotgun pleading, warranting dismissal.
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Del. Super. Ct.·
2024-01-02
The court granted the defendant's motion to dismiss, holding that the settlement agreement's mutual release of claims discharged the seller from its indemnification obligations under the share purchase agreement, but did not create a new right for the seller to seek reimbursement
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S.D. Fla.·
2023-12-28
Contractual interest, if integral to the contract and not merely a result of delay, can be included to satisfy the amount in controversy requirement for diversity jurisdiction.
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Del. Ch.·
2023-12-22
The Court grants Sunder Energy, LLC's application to certify its prior 'Injunction Decision' for interlocutory appeal. Although typically interlocutory rulings on preliminary injunctions are not appealable, this decision effectively dismissed the bulk of Sunder's claims, making i
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M.D. Fla.·
2023-12-22
The court adopted the magistrate judge's report, granting the defendant's motion to dismiss the amended complaint for failure to state a claim and to strike immaterial information.
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The court held that allegations of mere ownership and control are insufficient to pierce the corporate veil, but a claim under FDUTPA may proceed if the individual directly participated in the improper conduct.
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The court denied the plaintiffs' motion for partial judgment on the pleadings, finding that their current interpretation of a non-compete agreement provision was inconsistent with their prior arguments and was unreasonable. The court held that the provision required an actual ent
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M.D. Fla.·
2023-12-19
The court held that the complaint stated plausible claims for trade secret misappropriation under DTSA and CFAA, and that state law claims for FDUTPA, breach of loyalty, unjust enrichment, and breach of contract were not preempted by FUTSA, but granted dismissal in part with leav
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The court held that claims seeking to enforce a settlement agreement should be brought as a breach of contract claim, not as new claims based on the same underlying conduct. Counts II-VI were dismissed without prejudice.
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The court granted defendants' motion to stay discovery pending resolution of their motion to dismiss and a JPML ruling on consolidation, finding that the defendants raised colorable challenges to standing and pleading sufficiency, and that a stay would conserve judicial resources
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M.D. Fla.·
2023-12-15
The court held that the plaintiffs' second amended complaint failed to state a plausible claim for a RICO conspiracy and did not meet the heightened pleading requirements for fraud, warranting dismissal.
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S.D. Fla.·
2023-12-12
Ball & Chain LLC and Taquerias, restaurants in Miami's Little Havana neighborhood, sued the City of Miami under Section 1983 alleging that City Commissioner Joe Carollo orchestrated a pattern of harassment through inspections, ordinances, and code enforcement actions motivated by
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M.D. Fla.·
2023-12-11
The court held that a plaintiff's allegations of physically objecting to a repossession and instructing the tow operator to stop, even from a public street, are sufficient to state a claim for breach of the peace under Florida law.
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S.D. Fla.·
2023-12-08
The court held that claims arising from the 2020 Email and 2021 Candidacy Letter are dismissed as untimely, but claims arising from the 2023 Letter survive the motion to dismiss.
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The court held that a motion for partial judgment on the pleadings must be denied when material issues of fact exist and partial dismissal would require disfavored judicial 'blue penciling'.
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The court held that the plaintiff plausibly alleged a claim for retaliation under the Florida Whistleblower's Act, and therefore, the defendant's motion to dismiss was denied.
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The court held that federal civil rights claims against private actors fail without state action, Rooker-Feldman bars review of state court judgments, ADA claims fail against private entities, and the constitutional challenge is time-barred.
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S.D. Fla.·
2023-11-22
The court affirmed the magistrate judge's report and recommendation, granting in part and denying in part the defendant's motion to dismiss, denying abstention, and denying jurisdictional discovery as moot.
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S.D. Fla.·
2023-11-21
The court held that the plaintiff lacked standing for declaratory and injunctive relief and that most of his damages claims were barred by sovereign immunity, dismissing the remaining claims for failure to state a claim or exhaust administrative remedies.
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The court held that the plaintiff inmate failed to state a plausible claim for relief under 42 U.S.C. § 1983 for alleged violations of his First and Eighth Amendment rights.
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S.D. Fla.·
2023-11-20
The court held that the amended complaint adequately stated claims for negligence and battery, and that the battery claim related back to the original complaint.
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S.D. Fla.·
2023-11-18
The court affirmed the Magistrate Judge's Report and Recommendation, adopting its findings and granting the plaintiff's motion for a preliminary injunction.
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Del. Ch.·
2023-11-17
The court recommends dismissal of the defendants' counterclaims for abuse of process and tortious interference with prospective contractual relations. The abuse of process claim fails because the defendants did not adequately allege an improper act beyond the mere filing and main
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M.D. Fla.·
2023-11-17
The court denied the motion to dismiss, finding that a genuine dispute of material fact existed regarding whether mediation had concluded, and that the claim for declaratory relief was not duplicative.
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S.D. Fla.·
2023-11-17
The court held that the plaintiffs' claims were moot because the filing periods for H-1B visas had passed and the court could not grant meaningful relief. The court also found that the USCIS's rejection of petitions complied with regulations and that the Adjudicator's Field Manua
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The court held that the complaint sufficiently stated a claim for tip misappropriation under the FLSA, but failed to plead causation for the FLSA retaliation claim.
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The court held that the plaintiff's civil rights claims are time-barred by the applicable four-year statute of limitations, and therefore the motion to dismiss is granted.
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M.D. Fla.·
2023-11-15
The court held that plaintiff sufficiently pleaded an Eighth Amendment excessive force claim and state law tort claims, but dismissed the due process claim and official-capacity claims.