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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The court held that the plaintiff's civil rights claim was time-barred because it accrued more than four years before the action was filed.
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Uniters North America and related entities sued ServeCo International entities for trademark infringement involving a counterfeit leather cleaner product. ServeCo counterclaimed with cybersquatting and trademark infringement claims based on the registration of www.serveco.net, wh
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The court granted leave to amend to add claims against new defendants but denied leave to add a spoliation claim against the original defendant, finding it futile.
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M.D. Fla.·
2022-09-21
The court held that the third amended complaint, while containing some problematic incorporations, was not entirely a shotgun pleading, and granted dismissal in part while denying it in part, striking specific paragraphs rather than entire causes of action in most instances.
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M.D. Fla.·
2022-09-20
The court held that the plaintiff failed to state a plausible claim for violations of the anti-tampering ordinance, and claims previously dismissed with prejudice remain dismissed.
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The court held that claims based on alleged fraudulent trademark filings in 2018 and 2019 survive dismissal, while claims related to the original 2013 registration are barred by res judicata. Infringement and breach of contract claims also survive.
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A prisoner's pro se complaint alleging a supervisor failed to adequately train officers is insufficient to state a claim under 42 U.S.C. § 1983 without specific factual allegations showing the supervisor's personal participation or a causal connection between the supervisor's act
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S.D. Fla.·
2022-09-15
The court denied the motion to dismiss, holding that the Florida Telephone Solicitation Act (FTSA) is not unconstitutionally vague and does not violate the First Amendment.
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Del. Ch.·
2022-09-15
The Delaware Court of Chancery granted the respondents' motion to dismiss the petition for judicial dissolution, finding that the petitioner failed to state a claim upon which relief could be granted. The court also granted a motion to dismiss for lack of personal jurisdiction ov
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S.D. Fla.·
2022-09-15
The court held that while a valid arbitration agreement exists, the plaintiff's complaint fails to state a claim upon which relief can be granted for negligence, intentional infliction of emotional distress, and breach of implied contract.
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The court held that the plaintiff's medical malpractice claims were barred by Florida's statute of repose, and therefore, the court lacked subject matter jurisdiction over the action.
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The court held that the plaintiff sufficiently alleged enterprise coverage under the FLSA, thus denying the motion to dismiss.
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M.D. Fla.·
2022-08-25
A counterclaim alleging an insurer failed to settle within policy limits is a bad faith claim, not a breach of contract claim, and is not ripe until the underlying coverage dispute is resolved.
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M.D. Fla.·
2022-08-24
The court denied the defendants' motion to dismiss the amended complaint, finding that judicial estoppel is an affirmative defense not appropriate for a motion to dismiss and that the pleading did not constitute a prohibited shotgun pleading.
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A complaint alleging only negligence by prison officials does not state a claim under 42 U.S.C. § 1983, as it fails to allege a deprivation of a constitutional or federal right.
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The Court granted the motion to dismiss Count II (account stated) because the plaintiff failed to plead facts sufficient to support such a claim under Delaware law, and the claim was impermissibly duplicative of the breach of contract claim. Delaware law requires an express agree
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A contractual limitation period shorter than the statutory period is void under Florida law, and a motion to dismiss is not the proper vehicle to challenge the type of damages sought.
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The court held that the defendants' motions to dismiss based on illegibility and shotgun pleading were denied, as the complaint was legible and stated plausible claims for relief.
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M.D. Fla.·
2022-08-19
The court held that the plaintiff's second amended complaint failed to state a plausible claim for relief on any of its counts, and thus granted the defendants' motion to dismiss.
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S.D. Fla.·
2022-08-18
The court held that a counterclaim seeking declaratory relief under ERISA, which sought to determine an employee's benefit rights, was redundant and duplicative of the employee's own claim for benefits, and thus was dismissed.
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The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against both defendants.
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The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim upon which relief can be granted and does not meet pleading requirements.
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The court held that the plaintiff's amended complaint fails to state a claim for relief under the PLRA and is dismissed.
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S.D. Fla.·
2022-08-07
The court held that genuine issues of material fact exist regarding Plaintiff's claims, precluding summary judgment on most counts.
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M.D. Fla.·
2022-08-05
The court held that the plaintiff sufficiently alleged disparate treatment based on denial of a transfer, and retaliation, but failed to sufficiently allege a hostile work environment or constructive discharge.
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11th Cir.·
2022-08-01
The court held that Axogen's statements regarding the annual frequency of nerve injuries and repair procedures were forward-looking and protected by the safe harbor provision, and the plaintiff failed to plead actual knowledge of falsity.
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M.D. Fla.·
2022-08-01
The court granted in part and denied in part the defendant's motion to dismiss, dismissing several claims for failure to state a claim but allowing retaliation claims under the ADA and FCRA to proceed.
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S.D. Fla.·
2022-08-01
The court held that the cruise line's motion to dismiss was granted in part and denied in part, allowing claims for negligence, failure to warn, apparent agency, and negligent misrepresentation to proceed.
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The court accepted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the defendant's motion to dismiss, allowing breach of contract and unjust enrichment claims to proceed while dismissing the negligence claim.
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The court held that the contractual limitation of liability clause was ambiguous and denied dismissal on that ground, but granted dismissal of the unjust enrichment claim for failure to plead it properly as an alternative count.
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M.D. Fla.·
2022-07-25
A claim for loss of consortium must be pleaded as a separate cause of action, not embedded within other claims. Other claims for breach of warranty, strict liability, and negligence survive a motion to dismiss.
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The court held that it lacked both general and specific personal jurisdiction over the defendants, and therefore granted their motion to dismiss in part.
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The court held that the plaintiff failed to sufficiently allege a claim under Title III of the Americans with Disabilities Act (ADA) because the complaint focused on negligent actions rather than a barrier to access or discrimination based on disability. Consequently, the plainti
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M.D. Fla.·
2022-07-20
Virtus Pharmaceuticals, a "virtual" drug manufacturer that outsourced its operations to Woodfield Distribution, sued after the DEA seized its controlled substances when Woodfield's DEA registrations were suspended for failure to maintain controls against diversion of drugs and co
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The court held that the plaintiff's amended complaint failed to state claims for retaliation under the False Claims Act and Florida's Private Whistleblower Act, and for disability discrimination under the Rehabilitation Act, but the purported settlement agreement was not a basis
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The court granted in part and denied in part the defendant's motion to dismiss, dismissing one count but allowing others to proceed.
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S.D. Fla.·
2022-07-12
The court held that claims against the union's executive board are cognizable under the LMRDA, but claims for breach of the union constitution are not cognizable under the LMRA and supplemental jurisdiction is declined.
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Del. Super. Ct.·
2022-07-11
The Delaware Superior Court granted the defendants' motion to dismiss all claims. The court held that product-based claims for public nuisance are not cognizable under Delaware law. The court also found that the State lacked standing to bring a trespass claim due to insufficient
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The Court of Chancery granted the defendant's motion to dismiss, finding that the plaintiffs' claims for payment under the LLC Agreement were unripe and that their claims challenging the restrictive covenants lacked an actual controversy. The court dismissed the payment claim und
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The court held that the plaintiff had exhausted administrative remedies for her discrimination and retaliation claims, but her retaliation claims were inadequately pleaded and dismissed without prejudice.
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The court held that the First Amended Complaint failed to state a claim for individual liability against the individual defendants because it did not allege active and knowing infringement, and therefore, these claims are dismissed with prejudice.
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M.D. Fla.·
2022-07-01
The court held that the breach of contract claim against the individual defendants in Count I was dismissed without prejudice due to a lack of specific allegations and failure to provide notice of claims.
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The court held that the plaintiff's claims must be arbitrated before the NHL Commissioner, dismissing the action in favor of arbitration. The court found that the plaintiff, as a minority owner, was bound by the NHL Constitution and the 1999 Consent Agreement, which mandated arbi
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The court held that the plaintiff's breach of contract claim was time-barred because the final decision on his claim occurred more than three years before the lawsuit was filed, as evidenced by correspondence incorporated by reference.
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The Court granted the motion to dismiss, finding that individual employees are not liable under Title VII or the ADEA, and that the defendant CEO lacked sufficient minimum contacts with Florida for personal jurisdiction.
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The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
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The court held that while allegations of administrative leave status disclosure may state a Privacy Act claim, the plaintiff failed to adequately allege actual damages, and claims against unknown employees are improper.
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The court held that the plaintiff's amended complaint failed to state a claim and was properly dismissed with prejudice because it did not correct deficiencies in the original complaint, particularly regarding the particularity required for fraud claims under Rule 9(b) and the fa
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M.D. Fla.·
2022-06-08
The court held that the amended complaint, while showing some improvement, still suffers from deficiencies including shotgun pleading and failure to state claims, warranting dismissal without prejudice and an opportunity to amend.
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M.D. Fla.·
2022-06-01
The court held that the plaintiff has standing to sue under the ADA because his alleged emotional harm from encountering inaccessible online reservation systems constitutes a sufficient injury in fact, and he has adequately alleged a likelihood of future injury for injunctive rel