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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Del. Ch.·
2023-01-12
The Delaware Court of Chancery held that it could exercise personal jurisdiction over defendant Paul Petigrow for the claim of tortious interference with a trust instrument under Delaware's Long-Arm Statute. The court found that Petigrow's actions in facilitating the appointment
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The court granted in part and denied in part the motion to dismiss, allowing claims regarding the COBRA notice's clarity to proceed while dismissing claims about the plan administrator identification.
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The court held that a constructive trust claim fails when an adequate remedy at law exists, but a negligent misapplication claim can proceed if the funds may have been a special deposit creating a duty.
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The court converted the motion for judgment on the pleadings to a motion for summary judgment because matters outside the pleadings were presented, and ordered parties to supplement the record regarding subject matter jurisdiction and the form of judgment.
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M.D. Fla.·
2023-01-05
The court held that the First Amended Complaint was a shotgun pleading and dismissed it, denying leave to amend the proposed complaints due to similar deficiencies, but granted Plaintiff one final opportunity to file a corrected Second Amended Complaint.
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M.D. Fla.·
2023-01-05
Vanessa Treminio sued Crowley Maritime Corporation and her supervisor Juan Emilio Blanco alleging sex trafficking, labor trafficking, and various tort claims stemming from Blanco's alleged sexual assault and rape of her during a 2017 business trip, and Crowley's subsequent retali
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S.D. Fla.·
2023-01-04
The court held that Counts V and VI of the amended complaint were dismissed without prejudice because they failed to state a claim, either for negligent design or for vicarious liability.
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The court held that the declaratory judgment claim regarding past conduct was moot, but the claim concerning signatory status could proceed, and the gross negligence claim failed to state a cause of action.
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S.D. Fla.·
2022-12-27
The court held that the statute of limitations for legal malpractice claims did not begin to run until the plaintiff settled the underlying litigation, applying the finality accrual rule.
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S.D. Fla.·
2022-12-21
The court held that the Fish and Wildlife Service (FWS) was not required to provide administrative review for an application deemed abandoned, and its determination was not arbitrary or capricious.
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A supervisor cannot be held liable under § 1983 for subordinates' actions unless they personally participated or there's a causal connection, and mere negligence does not violate the Constitution.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was subject to dismissal under the PLRA.
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S.D. Fla.·
2022-12-20
The court held that the plaintiff sufficiently pleaded claims for libel per se, slander per se, defamation per se, trade libel, and tortious interference with business relations, but dismissed the claim for intentional infliction of emotional distress.
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M.D. Fla.·
2022-12-19
The court held that the plaintiff failed to state facially sufficient claims for disability discrimination, FMLA retaliation, and age discrimination, granting the motion to dismiss with leave to amend.
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The Delaware Superior Court denied the defendant's motion to dismiss the plaintiff's claims for breach of contract, unjust enrichment, and promissory estoppel. The court found that the plaintiff had adequately pleaded each claim under Ohio law, accepting the factual allegations a
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Plaintiff Ashley Allen, a Jacksonville University student, sued the school for breaching implied contracts to provide in-person instruction, campus access, and on-campus services during the 2020 spring semester when JU moved classes online and closed campus facilities in response
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The Court granted in part and denied in part Walmart's motion to dismiss, allowing strict liability claims to proceed but dismissing negligence claims without prejudice.
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The court held that the plaintiff's claims against the judge, public defender, and prosecutor failed to state a claim upon which relief could be granted due to immunity doctrines and lack of factual support for conspiracy allegations.
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The court held that individual defendants cannot be sued for employment discrimination under Title VII, ADA, or ADEA, and that Plaintiff's claims against Ralph Smith individually are dismissed. The court also found that Plaintiff's claims against CMG were not time-barred and that
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M.D. Fla.·
2022-12-08
The court held that the plaintiff failed to adequately plead tortious interference claims because they did not sufficiently allege the defendant's knowledge of the contracts or intentional interference, but granted leave to amend.
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The Court held that the Plaintiffs' allegations were sufficient to state a claim for municipal liability under Section 1983, and that they had standing for injunctive and declaratory relief.
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S.D. Fla.·
2022-12-05
The court held that a pro se plaintiff's complaint was deficient for failing to state a cognizable § 1983 claim and for being an impermissible shotgun pleading, but granted leave to amend.
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The court held that the insurance policy's self-insured retention limit is eroded by defense expenses, and therefore the insurer had a duty to defend the insured once those expenses exceeded the retention limit.
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A pro se litigant cannot represent others in a class action, and a complaint alleging denial of access to courts must demonstrate actual injury or hindrance to pursuing a legal claim.
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The court accepted the magistrate judge's report and recommendation, denying the defendants' motion to dismiss the first amended complaint.
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M.D. Fla.·
2022-11-08
The court held that the doctrine of consular nonreviewability bars judicial review of a visa denial when the consular officer cites a facially legitimate and bona fide reason, such as a specific statutory provision for inadmissibility, and the plaintiff does not allege bad faith.
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The court denied plaintiffs' motions for reconsideration, finding no clear error in prior orders dismissing their complaint without prejudice.
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The court held that the officers were entitled to qualified immunity because they had arguable probable cause to arrest the plaintiff for breach of the peace or public nuisance, even if not for indecent exposure. The court also dismissed the municipal liability claim against the
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Claims against supervisory defendants are dismissed because liability under § 1983 cannot be premised on vicarious liability alone, and the plaintiff failed to allege personal participation or a causal connection.
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The court held that a plaintiff must allege personal participation in a constitutional violation for Bivens claims against supervisors, and that mere negligence does not constitute deliberate indifference.
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The Court granted in part and denied in part the defendants' motions to dismiss. Claims against Foresight and Chicago Pacific were dismissed entirely. Claims against the Company were dismissed in part, with several of Hudson's breach of contract claims surviving pleading-stage re
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The court held that the insurance policy's additional insured endorsement requires allegations of vicarious liability to trigger a duty to defend, and the underlying complaint alleged only direct negligence against the City.
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M.D. Fla.·
2022-10-27
The court held that the plaintiff failed to state a claim for a constitutional violation of bodily privacy and failed to establish supervisory liability against the Sheriff.
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Del. Ch.·
2022-10-26
The Court of Chancery denied the defendants' motion to dismiss the fraudulent inducement claim, finding that the plaintiff had adequately pleaded the elements of the claim and that contractual provisions did not bar the action. The court held that while Rule 9(b) requires particu
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S.D. Fla.·
2022-10-25
The Federal Trade Commission sued American Vehicle Protection Corp. for deceptively marketing and selling extended automobile warranties through telemarketers who misrepresented affiliations with car dealerships and made false promises about coverage and refund policies. The cour
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M.D. Fla.·
2022-10-25
The court held that most claims are barred by the economic loss doctrine, but claims for damage to 'other property' caused by TritoCryl may proceed. Leave to amend was denied.
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The court held that allegations regarding unsolicited telephonic sales calls for educational services are sufficient to state a claim under the Florida Telephone Solicitation Act (FTSA), and that the defendant's motion to strike certain allegations was not warranted.
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M.D. Fla.·
2022-10-19
The court held that the Carmack Amendment preempts state law claims and constitutional challenges to the amendment, and that the plaintiff's Sherman Act claim was inadequately pleaded.
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M.D. Fla.·
2022-10-18
The court held that the plaintiff's allegations were insufficient to state a claim for excessive force, and thus granted the defendant's motion to dismiss.
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A federal prisoner must exhaust all available administrative remedies before filing a civil rights action, and failure to do so, particularly by missing deadlines for appeals, warrants dismissal.
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Claims against former Sheriff Mike Williams and State Attorney Melissa Nelson are dismissed without prejudice, as Plaintiff fails to state a plausible claim for relief against them.
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The court granted the motion to dismiss Plaintiff's claims for specific performance of the Merger Agreement and breach of fiduciary duties. Plaintiff lacked standing as a third-party beneficiary to enforce the Merger Agreement, as the "no third-party beneficiaries" clause, with i
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The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim and that the court lacked subject matter jurisdiction.
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The court held that a plaintiff cannot sue an insurer directly for a tort unless a settlement or verdict has been obtained against the tortfeasor, and that the complaint failed to establish diversity jurisdiction.
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M.D. Fla.·
2022-10-07
The court held that plaintiffs failed to plausibly allege an injury in fact, which is a prerequisite for Article III standing.
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M.D. Fla.·
2022-10-05
The court held that the complaint against Family Dollar Stores was not a shotgun pleading and thus not dismissed, but the claim against John Doe was dismissed without prejudice for failure to state a claim.
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The court held that the two-dismissal rule barred claims that were identical to prior dismissed actions, but not claims arising from later liabilities; it also found personal jurisdiction over one defendant but dismissed another non-existent entity.
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A single instance of an inmate receiving an empty food tray and being refused adequate food does not state a claim for deliberate indifference to conditions of confinement under the Eighth Amendment.
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M.D. Fla.·
2022-09-30
The court held that the amended complaint sufficiently stated claims for relief under FDUTPA and unjust enrichment, allowing them to proceed past the motion to dismiss stage, while also denying dismissal of the declaratory judgment count.
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S.D. Fla.·
2022-09-29
The court held that the plaintiff's allegations regarding actual and constructive notice were sufficient to survive a motion to dismiss for failure to state a claim.