1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
-
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1981 and § 1982 because the evidence showed she lacked a contractual right of return at the time of the attempted transaction.
-
M.D. Fla.·
2023-09-06
The court held that receiving a single unsolicited pre-recorded marketing call can constitute a concrete injury sufficient for standing under the TCPA, and granted leave to amend the complaint.
-
Del. Ch.·
2023-09-05
The Delaware Court of Chancery granted in part and denied in part the defendants' motions to dismiss. The court dismissed all claims against Black Diamond Capital Management, L.L.C., finding veil piercing unavailable and the transfer beneficiary claim under DUFTA unsupported. Cla
-
Del. Super. Ct.·
2023-09-05
The court granted the defendants' motion to dismiss Counts II-V of the plaintiff's amended complaint. The court held that New York law, as stipulated in the insurance policy's choice-of-law provision, applies to all disputes. Under New York law, a separate cause of action for bre
-
M.D. Fla.·
2023-09-05
In this civil rights case, plaintiff Sanguinetti claimed that deputies and private security personnel violated his constitutional rights by allegedly using excessive force, making a false arrest, and maliciously prosecuting him without probable cause following a denied entry to a
-
The court granted the defendant's motion to vacate the clerk's entry of default, finding good cause shown.
-
The court held that the plaintiff failed to state claims for retaliation under the ADA, civil rights violations under 42 U.S.C. §§ 1981 and 1985, intentional infliction of emotional distress, and negligent infliction of emotional distress, dismissing these counts with prejudice.
-
The court held that the plaintiff failed to state a plausible claim for malicious prosecution under 42 U.S.C. § 1983 because probation violation proceedings are not criminal prosecutions and did not terminate in his favor. Additionally, civilian defendants are not state actors an
-
M.D. Fla.·
2023-08-29
A bank customer's age alone does not create a fiduciary duty, and a bank is generally not liable for third-party scams unless it has actual knowledge or reasonable cause to suspect exploitation of a vulnerable adult.
-
The Delaware Superior Court granted the Governor's motion to dismiss. The court held that the Governor is entitled to qualified immunity from damages for alleged violations of the U.S. Constitution because the law was not clearly established regarding the constitutionality of COV
-
S.D. Fla.·
2023-08-27
In this patent infringement case involving electrocardiogram electrode lead wire connectors, the court dismissed the defendant's counterclaims alleging that the patents were procured through the original patentee's inequitable conduct before the USPTO, finding that the defendant
-
M.D. Fla.·
2023-08-25
The court held that the Second Amended Complaint failed to sufficiently plead that Marriott International, Inc. participated in a sex trafficking venture, but the allegations against CHM Naples II Hotel Partners LLC were sufficient to proceed.
-
The court held that Choice Hotels International, Inc. did not sufficiently plead participation in a sex trafficking venture, warranting dismissal, while R&M Real Estate Company, Inc. and the individual defendants did sufficiently plead participation and knowledge, thus denying th
-
A request for leave to amend a complaint must be made by a formal motion, not embedded within a response to a motion to dismiss.
-
S.D. Fla.·
2023-08-24
The court held that the store manager was fraudulently joined and dismissed him, and that the complaint improperly commingled negligence theories as a shotgun pleading, warranting dismissal without prejudice.
-
S.D. Fla.·
2023-08-23
A class action lawsuit was brought against Burger King alleging that the company materially overstated the size and beef content of its burgers in advertisements and in-store menu boards, deceiving consumers into purchasing smaller products than depicted. The court granted Burger
-
The court held that the plaintiff's complaint failed to state a claim for relief under the ADA or Rehabilitation Act and was also deficient in pleading standards and claims against individual defendants.
-
The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim against any defendant.
-
The court held that the plaintiff's allegations of isolated verbal sexual harassment do not state a constitutional claim for relief.
-
M.D. Fla.·
2023-08-17
The court held that the plaintiff failed to state a plausible claim for deliberate indifference against the individual medical providers and Centurion, and thus declined to exercise supplemental jurisdiction over the state law claims.
-
S.D. Fla.·
2023-08-16
The court held that the plaintiff adequately alleged a claim for failure to accommodate under the ADA, and that the existence of a 'Light Duty Fire Engineer' position presented a question of fact not resolvable on a motion to dismiss.
-
M.D. Fla.·
2023-08-11
The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because it constituted a shotgun pleading and lacked sufficient factual allegations to establish deliberate indifference or constitutional violations.
-
The Court denied the defendants' motions to dismiss. The Court found that it had subject matter jurisdiction because the plaintiff's subrogation claims, seeking monetary damages in tort for injuries allegedly caused by pharmaceutical products, were not preempted by ERISA, as they
-
The Delaware Superior Court denied the defendant's motion to dismiss the claim for tortious interference with prospective contractual relations, finding that the plaintiff had sufficiently alleged that the defendant exerted improper economic pressure as part of a scheme to take o
-
The court held that the plaintiff's amended complaint, which was nearly identical to prior futile attempts, failed to state a claim and was dismissed with prejudice.
-
The court held that the plaintiff's claims for race discrimination under 42 U.S.C. § 1981, FMLA retaliation and interference, and Florida's Private Whistleblower Act were insufficiently pleaded and dismissed them with leave to amend.
-
S.D. Fla.·
2023-08-08
The Court held that the relator's claims were barred by the False Claims Act's first-to-file provision because a prior, substantially similar action alleging the same nationwide scheme was pending.
-
M.D. Fla.·
2023-08-07
Craig Deligdish sued David Bender for publishing a defamatory website (DeligdishWatch.com) that made false statements about Deligdish's medical practice and business reputation, and Deligdish asserted claims for defamation, tortious interference, trade libel, and fraud. The court
-
S.D. Fla.·
2023-08-04
The court held that the defendant failed to establish contractual privity, thus the maritime economic loss rule does not bar the plaintiff's negligence claim at the motion to dismiss stage.
-
M.D. Fla.·
2023-08-04
The court denied the defendants' motions to dismiss, finding the plaintiff stated plausible claims for deliberate indifference, but denied the plaintiff's motion for injunctive relief.
-
S.D. Fla.·
2023-07-28
The court held that the statements made by CNN, even if critical or negative, were expressions of opinion or rhetorical hyperbole, not false statements of fact, and therefore not actionable as defamation under Florida law.
-
S.D. Fla.·
2023-07-27
The court held that the plaintiff failed to adequately plead Article III standing, lacking subject matter jurisdiction to adjudicate the claims.
-
A motion to dismiss for failure to state a claim is denied when the complaint sufficiently alleges a maritime contract, material breach, and damages, and the defendant's arguments involve affirmative defenses or require fact-intensive contract interpretation not suitable for the
-
The court held that the Plaintiff failed to exhaust administrative remedies for her Florida Civil Rights Act claim, but did sufficiently allege exhaustion for her Title II Civil Rights Act claim. The court also found the Plaintiff's allegations regarding disability under Title II
-
The court held that the plaintiff's pro se civil rights complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
-
M.D. Fla.·
2023-07-25
The court held that the plaintiff failed to state a claim under the Florida Whistleblower's Act and retaliation claims under Title VII, FCRA, and ADA because he did not engage in protected activity.
-
The court held that Trendtex Holding has standing to sue for copyright infringement, but Trendtex Fabrics does not. Narmada Textile is not an indispensable party.
-
M.D. Fla.·
2023-07-20
The court held that the plaintiff failed to state a claim for deceptive and unfair trade practices, unjust enrichment, and negligent misrepresentation due to insufficient pleading of fraud, causation, and damages.
-
M.D. Fla.·
2023-07-20
Plaintiff servicemembers financed timeshare interests with the defendants after being repeatedly told they could sell them back anytime due to their military status, but when they requested buybacks years later, the defendants refused. The court held that the plaintiffs had stand
-
M.D. Fla.·
2023-07-19
The court held that the plaintiff failed to exhaust administrative remedies because his EEOC charge did not mention race as the basis for retaliation, and individual employees are not liable under Title VII.
-
Del. Super. Ct.·
2023-07-19
The Court granted in part and deferred in part the Election Commissioner's motion to dismiss. The requests for mandamus relief (Counts 2-5) were dismissed for failure to state a claim. Decision on the declaratory judgment count (Count 1) was deferred pending supplemental briefing
-
The court held that the plaintiff adequately pleaded claims for breach of contract, unjust enrichment, and declaratory judgment, but the request for attorney's fees was properly stricken due to lack of legal basis.
-
M.D. Fla.·
2023-07-14
The court held that the plaintiffs stated plausible claims for declaratory and injunctive relief, but their requests for statutory damages and attorney's fees were not authorized by the relevant statutes and were therefore stricken.
-
M.D. Fla.·
2023-07-14
The court held that the plaintiff's state law claims were preempted by ERISA because they "relate to" an employee benefit plan, and the alleged repricing agreement was not sufficiently separate and distinct from the ERISA plan.
-
M.D. Fla.·
2023-07-13
The court held that the plaintiff sufficiently alleged facts to state a claim for false imprisonment against the City, as the officer's actions were discretionary and not protected by a warrant.
-
M.D. Fla.·
2023-07-12
The court held that the third amended complaint was largely a shotgun pleading and failed to state claims upon which relief could be granted, dismissing most claims with leave to amend, but dismissing IIED and malicious prosecution with prejudice.
-
M.D. Fla.·
2023-07-11
The court held that plaintiffs failed to state claims for breach of implied warranty, fraudulent concealment, negligent misrepresentation, and unjust enrichment due to lack of privity, failure to plead with particularity, and failure to allege direct benefit, respectively.
-
A class of investors sued accounting and fund administration firms for enabling a fraudulent hedge fund scheme through negligent misrepresentation, aiding and abetting fraud, and aiding and abetting breach of fiduciary duty. The court held that forum selection clauses in subscrip
-
M.D. Fla.·
2023-07-10
The court held that most of the plaintiff's claims failed to state a claim upon which relief could be granted, with only one claim surviving dismissal.
-
S.D. Fla.·
2023-07-07
The court held that the plaintiff failed to state a plausible claim for deprivation of procedural due process and denied leave to amend as futile.