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.·
2023-04-13
The court held that the plaintiff's complaint sufficiently stated a claim for direct copyright infringement and was not a shotgun pleading, thus surviving the motion to dismiss.
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M.D. Fla.·
2023-04-12
The court held that the plaintiff plausibly alleged claims for making a dwelling unavailable and failure to accommodate under the Fair Housing Act, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2023-04-12
The court held that the amended complaint sufficiently alleged false arrest and that the defendant officer was not entitled to qualified immunity.
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M.D. Fla.·
2023-04-10
The court held that the plaintiff's second amended complaint was dismissed with prejudice because it constituted a shotgun pleading and several claims were barred by sovereign immunity or were untimely.
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S.D. Fla.·
2023-04-05
The court held that Plaintiffs Garcia and Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions. The Attorney General and Chief Financial Officer are proper defendants.
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S.D. Fla.·
2023-04-04
The court denied defendants' motions to dismiss, finding that the DIG tokens could be considered investment contracts under the Howey test and that the complaint sufficiently alleged primary violations and aiding and abetting liability.
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The Delaware Court of Chancery granted Bayer AG's motion to dismiss Merck & Co., Inc.'s complaint, holding that the Stock and Asset Purchase Agreement (SAPA) unambiguously allocated to Merck the sole and indefinite liability for product liability claims arising from products sold
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The court held that a motion to dismiss is not the proper stage to definitively determine if a debt was discharged solely based on the issuance of a 1099-C form.
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M.D. Fla.·
2023-03-31
The court held that the plaintiff plausibly alleged a procedural due process claim for deprivation of a property interest in his employment, but failed to plausibly allege a procedural due process claim for deprivation of a liberty interest.
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A plaintiff must allege facts sufficient to establish probable cause for at least one offense to survive a motion to dismiss a Fourth Amendment false arrest claim.
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The court held that the plaintiffs plausibly alleged claims for relief under the ADA, Section 504, and the Florida Constitution, and therefore the motion to dismiss was denied.
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The court denied defendants' motions to dismiss and strike, finding that the trusts could be considered securities and that the SEC had adequately pleaded its claims.
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S.D. Fla.·
2023-03-24
A motion to dismiss cannot resolve factual disputes regarding the sufficiency of submitted repair orders.
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The court held that it lacked personal jurisdiction over one defendant, Lintbells Ltd., but denied the motion to dismiss for failure to state a claim on most of the plaintiffs' false advertising allegations.
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Del. Ch.·
2023-03-21
The Court of Chancery denied the plaintiffs' motion for relief from judgment under Rule 60(b). The court found that the DOJ Complaint constituted new evidence, not newly discovered evidence, and thus could not support a Rule 60(b)(2) claim. Even if considered newly discovered evi
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M.D. Fla.·
2023-03-20
The court held that the Plaintiff's Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Credit Protection Act (FCCPA) claims were time-barred by their respective statutes of limitations, and the Declaratory Judgment Act claim failed for lack of federal jurisdiction.
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The court held that the defendant's motion to dismiss, which attacked the plaintiff's standing by disputing the merits of the underlying breach of contract claim, was premature and therefore denied.
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A pretrial detainee who voluntarily waives the right to counsel in a pending criminal case has no constitutional right to access law libraries or other legal materials to aid in his self-representation.
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S.D. Fla.·
2023-03-16
The court held that the plaintiff's Second Amended Complaint failed to state a claim for relief and granted the defendants' motions to dismiss with prejudice.
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M.D. Fla.·
2023-03-15
The court held that the defendants are entitled to dismissal based on various immunity doctrines and failure to state a claim.
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M.D. Fla.·
2023-03-15
The court held that the act of state doctrine bars adjudication of claims concerning the validity of foreign sovereign acts within their territory.
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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.
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The court held that the plaintiff adequately pleaded standing and stated a claim under the Medicare Secondary Payer Act and for breach of contract, but dismissed the declaratory judgment count as duplicative.
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M.D. Fla.·
2023-03-14
The court granted in part and denied in part the motion to dismiss, dismissing the injunction and tortious interference claims but allowing the breach of contract and trade secret misappropriation claims to proceed.
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S.D. Fla.·
2023-03-14
The court held that a declaratory judgment action is inappropriate when the alleged controversies have already matured into actual wrongs or breaches, and the issues are subsumed by other pending claims.
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Del. Ch.·
2023-03-09
The Delaware Court of Chancery held that the plaintiffs stated viable claims for breach of contract (Count I) and tortious interference with contract (Count II). The court dismissed claims based on breach of the duty of disclosure related to the Second Offering (Count III) and th
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M.D. Fla.·
2023-03-08
The court held that the plaintiff's RICO claim is barred by Heck v. Humphrey, and his § 1983 claims fail to state a plausible claim for relief due to vague allegations and failure to allege specific constitutional deprivations.
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The court held that the defendants' motion to dismiss was granted in part and denied in part, dismissing some claims with prejudice and others without prejudice, and requiring an amended complaint.
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The court held that the negligent misrepresentation claim was not pled with sufficient particularity under Rule 9(b) and dismissed it with leave to amend, while denying dismissal of the breach of contract claim regarding consequential damages.
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S.D. Fla.·
2023-03-07
The court held that official capacity claims against officers are claims against the municipality, and that claims must be dismissed if they fail to allege municipal policy or custom, or if administrative remedies were not exhausted, or if defendants are entitled to qualified imm
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M.D. Fla.·
2023-03-03
The court held that the plaintiff's claims for unseaworthiness, retaliatory discharge, and maintenance and cure were sufficiently pleaded to survive a motion to dismiss.
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Befaithful Coker, a community activist, sued multiple defendants, including city officials, a judge, and private citizens, alleging that they retaliated against her when the Lake City Council initially appointed but then refused to seat her on the council after she made public di
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Del. Ch.·
2023-03-01
The Court denied the defendants' motion to dismiss, finding that the plaintiff adequately pleaded direct claims for breach of fiduciary duty and unjust enrichment. The Court determined that entire fairness review applied due to conflicts of interest involving the controlling stoc
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S.D. Fla.·
2023-02-28
RediBag, a commercial goods supplier, sued defendants for approximately $9.1 million in damages after discovering that hand sanitizer it purchased and resold during the COVID-19 pandemic was manufactured using methanol-contaminated Mexican alcohol rather than the FDA-approved Ame
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M.D. Fla.·
2023-02-27
The court held that the amended complaint sufficiently alleged facts to support claims for punitive damages and negligence, but improperly commingled claims in Count I, warranting dismissal without prejudice.
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M.D. Fla.·
2023-02-17
The court held that the plaintiff's complaint sufficiently stated claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and thus denied the defendant's motion to dismiss.
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M.D. Fla.·
2023-02-17
The court held that the plaintiff failed to state a claim for mandamus relief or unreasonable delay under the APA, as the agency's processing time was not subject to a mandatory duty and the delay was not unreasonable.
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M.D. Fla.·
2023-02-17
The court held that state law claims related to an ERISA plan are preempted unless they are based on an agreement entirely separate from the plan, and that while breach of contract claims may proceed if the agreement is distinct, equitable claims survive dismissal at this stage.
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Del. Ch.·
2023-02-16
The Court of Chancery recommended denial of the motion to dismiss, finding that the purchase agreement and employee addendum constituted an integrated agreement supported by valid consideration and were not illusory. The court reasoned that all writings part of the same transacti
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M.D. Fla.·
2023-02-16
The court held that Florida's litigation privilege bars defamation claims and related torts arising from statements made in connection with judicial proceedings, and that the complaint constituted a shotgun pleading.
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S.D. Fla.·
2023-02-14
The court held that the suit was not time-barred due to the continuing violations doctrine and that New York law applies to interpret the insurance policy's choice of law provision. Count Three was dismissed without prejudice, and Count Six was dismissed with prejudice.
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M.D. Fla.·
2023-02-13
The court held that the plaintiff failed to plausibly plead direct and unjustified interference by the defendant, and therefore the claims for tortious interference were dismissed.
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M.D. Fla.·
2023-02-06
The court held that assignments of claims only covered actions against Triton, not BASF, and that while Dero's allegations regarding standing and the economic loss rule were sufficient to survive a motion to dismiss at this stage, further clarification would be needed later.
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The court accepted the Magistrate Judge's Report and Recommendation, denying dismissal of the ADA claim while granting dismissal of state law claims without prejudice, allowing Plaintiff one final opportunity to amend.
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The court held that the Third Amended Complaint was an impermissible shotgun pleading as to some defendants and failed to establish supervisory liability or municipal liability as to others, warranting dismissal.
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M.D. Fla.·
2023-01-27
The court granted defendants' motions to dismiss, finding that improper defendants were named, federal claims failed to state a claim, and an indispensable party would destroy diversity jurisdiction.
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M.D. Fla.·
2023-01-27
The court held that Defendant United Van Lines, LLC's motion to dismiss Plaintiff's Third Amended Complaint is denied because Count I, alleging a claim under the Carmack Amendment, is properly pled and survives dismissal.
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The Court granted Defendant Douglas Merrill's motion to dismiss, finding that the plaintiff failed to state a claim for breach of the duty of loyalty. The Court held that the allegations regarding Merrill's personal relationship with another director, Per Iversen, were insufficie
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Del. Ch.·
2023-01-19
The Court of Chancery held that Delaware's Officer Consent Statute can be used to serve process on individuals acting in the functional role of certain corporate officers, even without formal appointment. The court also found that Delaware's Long-Arm Statute, when applied with th
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S.D. Fla.·
2023-01-13
The court held that the complaint sufficiently alleged FLSA coverage and did not constitute a shotgun pleading, thus denying the motion to dismiss.