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 School Board's restriction of public comment during a specific agenda item did not violate the First Amendment because the forum was limited, the restriction was reasonable and viewpoint neutral, and state law cannot expand federal constitutional rights.
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The court held that the plaintiffs' allegations sufficiently stated claims for retaliation, disparate treatment, and retaliatory hostile work environment, and that individual defendants could be held liable under § 1981.
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M.D. Fla.·
2022-05-26
The court granted the motion to dismiss, finding plaintiffs failed to state plausible claims for rescission and breach of contract.
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M.D. Fla.·
2022-05-25
The court held that the complaint contained shotgun pleading deficiencies and that certain claims against the Sheriff were barred by statute, warranting dismissal with leave to amend.
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S.D. Fla.·
2022-05-25
The court held that Miami-Dade County is entitled to sovereign immunity for the alleged actions of its officers, as the complaint alleged acts committed in bad faith or with malicious purpose.
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The court held that the Florida Commission on Human Relations (FCHR) is entitled to quasi-judicial immunity for its actions in transferring a discrimination complaint, and thus, the plaintiff's claims against it must be dismissed with prejudice.
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A victim of sex trafficking sought to hold Marriott International, Hilton companies, G6 Hospitality, and craigslist liable under the Trafficking Victims Protection Act for facilitating her exploitation from 2008 to 2019. The court dismissed the case, finding that the hotel compan
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M.D. Fla.·
2022-05-18
The court held that the defendants' motion to dismiss should be denied because the in pari delicto defense was not apparent from the face of the complaint and the negligent misrepresentation claim met the pleading standards.
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S.D. Fla.·
2022-05-17
The court held that the plaintiff failed to exhaust administrative remedies against Sgt. Johnson and Warden Acosta because his grievances did not provide sufficient notice of his claims against them.
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M.D. Fla.·
2022-05-11
The court held that the plaintiff failed to state a claim for disparate treatment, hostile work environment, or retaliation under the ADA, but granted leave to amend.
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S.D. Fla.·
2022-05-09
The court held that the plaintiff's claims against the School Board of Broward County must be dismissed with prejudice because the plaintiff conceded he was not asserting FTCA or Title VII claims, and 18 U.S.C. § 241 does not provide a civil cause of action.
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The court held that the plaintiff's amended complaint was deficient, failing to state a claim for relief and not providing fair notice to the defendants.
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The court held that the accessibility of a defendant's website alone is insufficient to establish personal jurisdiction in Florida when the plaintiff does not reside in Florida and cannot demonstrate a nexus between the defendant's alleged infringing activities and an injury suff
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The court dismissed the plaintiff's excessive force claim without prejudice, allowing him to file an amended complaint. Claims against defendants in their official capacities were dismissed, and claims against two defendants in their individual capacities were dismissed for insuf
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M.D. Fla.·
2022-05-03
The court held that the FMLA's employee numerosity requirement is not jurisdictional and that the plaintiff adequately pleaded FMLA interference and retaliation claims, but failed to plead a failure-to-accommodate claim under the ADA/FCRA.
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The court held that the plaintiff inmate failed to state a plausible claim under the Eighth and Fourteenth Amendments against two defendants, and that claims against two other defendants were dismissed for improper venue.
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M.D. Fla.·
2022-04-27
The court held that the plaintiff sufficiently alleged that he and other recruiters were similarly situated for the purposes of a collective action under the FLSA, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2022-04-25
The court held that while personal jurisdiction exists over the defendants under RICO, venue is improper in this district, and thus the case is dismissed without prejudice.
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The court denied the plaintiff's motion to stay litigation on attorney's fees and costs pending appeal, as the plaintiff failed to meet the necessary legal standards for granting a stay.
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Del. Super. Ct.·
2022-04-19
The Court denied Serviz's motion to dismiss the counterclaims, finding that the counterclaims were not time-barred due to the doctrine of inherently unknowable injuries. The Court also found that the declaratory judgment counterclaim was proper and not duplicative, and that the b
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M.D. Fla.·
2022-04-18
The court held that the plaintiff's claims regarding post-sale tampering with vehicle emission control systems are not preempted by the Clean Air Act, but dismissed claims based on a theory of inaction (failure to remove a defeat device) for failing to state a plausible claim.
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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 either defendant.
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The court held that Florida Polytechnic University is not a legal entity capable of being sued, and the proper party is the Florida Polytechnic University Board of Trustees.
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M.D. Fla.·
2022-04-12
The court granted in part and denied in part the defendant's motion to dismiss, dismissing Count VI with prejudice but denying dismissal for other grounds raised.
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S.D. Fla.·
2022-04-11
The court held that the amended complaint sufficiently alleged claims under the Fair Labor Standards Act (FLSA) and denied the defendants' motion to dismiss and strike.
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M.D. Fla.·
2022-04-07
The court held that the plaintiff failed to state claims for breach of contract, quiet title, declaratory judgment, and equitable estoppel, but may replead promissory estoppel and unjust enrichment.
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The court held that the plaintiff failed to state a plausible claim for relief under Bivens, as his case presented a new context and he had an adequate alternative remedy through the prison grievance procedure.
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Cambridge Christian School challenged the Florida High School Athletic Association's denial of permission for the school to broadcast a pre-game prayer over the public address system at the 2015 Class 2A Football State Championship Final, arguing the restriction violated the Firs
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The court held that while the plaintiff had standing, the complaint failed to state a claim for relief beyond a single exemplar due to insufficient factual allegations.
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M.D. Fla.·
2022-03-29
The court denied the defendant's motion to dismiss as moot because the parties appeared to agree on dismissal without prejudice, and the plaintiff could file a voluntary dismissal.
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M.D. Fla.·
2022-03-29
The court held that the amended complaint was a shotgun pleading and failed to state a claim for relief under federal and Florida RICO statutes, and also failed to state a constitutional claim.
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The court held that the defendant detective was entitled to qualified immunity because probable cause existed to arrest the plaintiff, and therefore the plaintiff failed to state a claim for malicious prosecution under the Fourth Amendment.
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The court denied the defendants' motion to dismiss, finding the plaintiff's claims for FMLA retaliation, age discrimination, and sex discrimination were plausible on their face.
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M.D. Fla.·
2022-03-25
The court held that Persaud failed to state a claim for a takings violation and substantive due process violation, but sufficiently alleged a procedural due process violation.
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Andrew Brown, a pre-trial detainee at the Jacksonville Sheriff's Office facility, sued Chaplain W. Thomas under § 1983 and RLUIPA alleging that Thomas violated his First and Fourteenth Amendment rights by denying his religious accommodation requests for a vegan diet and special P
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The court held that defendants Schouest and Bowden are entitled to qualified immunity because plaintiff failed to state a plausible claim against them for deliberate indifference or due process violations related to their role as grievance responders. The court also found that pl
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M.D. Fla.·
2022-03-22
The court granted the motion to dismiss the second amended complaint because the plaintiff failed to plausibly allege protected activity under the Florida Whistleblower Act. The court also found the plaintiff's claims regarding injunctive relief lacked legal basis.
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M.D. Fla.·
2022-03-22
Employees brought a consolidated class action against a payroll services company for a 2020 data breach that exposed sensitive personal information, alleging negligence, breach of contract, and other statutory claims based on subsequent attempted fraud using their compromised dat
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M.D. Fla.·
2022-03-21
The court granted Nurse Bennefield's motion to dismiss all claims against her, finding she was entitled to qualified immunity and the plaintiff failed to state claims for relief. The court found the plaintiff stated a plausible Eighth Amendment claim against Dr. Montoya.
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Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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The court held that the plaintiff's complaint seeking economic impact payments was dismissed because the court lacked jurisdiction to determine eligibility and the statutory deadlines for receiving payments had passed.
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The court held that reporting a closed account as '120 days past due' is not objectively misleading when the report also clearly indicates the account is 'Paid and Closed' with a zero balance.
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The court held that the defendant's motion to dismiss based on the WARN Act's natural disaster exception should be denied because the exception requires direct causation, which was not plausibly alleged by the defendant.
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The court held that a credit report showing an account as '60 Days Past Due' despite being paid off and closed is potentially misleading and can survive a motion to dismiss for negligent violation of the FCRA, but claims for willful violation fail due to lack of factual allegatio
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The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
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The court held that Plaintiffs failed to establish standing for Jet ICU to bring an ERISA claim due to an anti-assignment clause in the plan and lack of proper assignment, and that the complaint failed to identify specific plan provisions for the claim.
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M.D. Fla.·
2022-03-16
The court held that individual defendants cannot be sued under Title VII and that the plaintiff's claims were untimely filed after the 90-day window from receiving the right-to-sue letter.
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The court held that Plaintiff failed to exhaust administrative remedies for several claims, but other claims could proceed due to factual disputes or lack of challenge. The court also found the claims were not frivolous and were properly joined, with one exception.
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M.D. Fla.·
2022-03-08
The court held that the credit reports were not inaccurate or misleading when viewed in their entirety, and therefore the defendants did not violate the FCRA.
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The court denied the defendant's motions to dismiss the receiver and for judgment, finding the motions either meritless or in violation of a court-ordered stay.