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 claims were barred by the Rooker-Feldman doctrine, res judicata, statute of limitations, and lack of standing, and that the State of Florida was immune from suit.
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The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted and must be dismissed.
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M.D. Fla.·
2021-11-20
The court held that the plaintiff sufficiently alleged claims for age discrimination under the ADEA and disability discrimination under the ADA, as well as retaliation claims under the ADA and FMLA, to survive a motion to dismiss.
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M.D. Fla.·
2021-11-18
The court held that the Secretary of Labor sufficiently pled claims under the LMRDA, and therefore, the union's motion to dismiss was denied.
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S.D. Fla.·
2021-11-16
The University of Miami fired Dr. Jonathan Lord from his positions as a high-ranking compliance officer and vice president after he investigated and reported potential Medicare billing fraud by the university's transplant laboratory, and Lord sued for retaliation under the False
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M.D. Fla.·
2021-11-10
The court held that federal patent law does not preempt state law claims for tortious interference and FDUTPA violations when the plaintiff adequately alleges the patent holder acted in bad faith by asserting claims that are objectively baseless and subjectively in bad faith. The
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The Delaware Superior Court denied the defendant's motion to dismiss for lack of personal jurisdiction, finding that a forum selection clause in the employment agreement was valid and conferred jurisdiction. The court stayed the defendant's motion to dismiss for failure to state
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The court held that the plaintiff's false arrest claim under § 1983 could proceed as it alleged a violation of a clearly established Fourth Amendment right, but dismissed the false imprisonment claim under the Fourteenth Amendment as it stemmed from the arrest and should be analy
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S.D. Fla.·
2021-11-02
The court held that the plaintiff failed to state claims under LMRDA sections 411(a)(1) and 411(a)(2), but adequately stated claims under 411(a)(4) and 411(a)(5).
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The court denied defendants' motions to dismiss the second amended complaint, finding it sufficiently pleaded patent infringement, but denied plaintiff's motion for leave to file a third amended complaint.
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The court held that the pro se plaintiff's complaint failed to state a claim upon which relief could be granted under Florida statutes and the False Claims Act.
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The court held that the statute of limitations defense was not apparent from the face of the complaint and loan agreement, and that plaintiffs lacked standing for injunctive relief as they did not allege an actual and imminent threat of future injury.
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S.D. Fla.·
2021-10-27
The court held that a credit report accurately reflecting a zero balance and a closed account, even with historical past-due information prior to closure, is not misleading under the FCRA.
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M.D. Fla.·
2021-10-26
A plaintiff is not required to attach an insurance policy to a federal complaint, and the complaint sufficiently alleged a breach of contract claim by identifying the contract, the breach, and resulting damages.
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The court held that personal jurisdiction was established by service of process in Florida, the complaint stated a valid claim for defamation, the defendant was not a media defendant requiring pre-suit notice, and the plaintiff's company was not an indispensable party.
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The court held that the plaintiff's amended complaint failed to state a plausible claim under 42 U.S.C. § 1983 for violations of his constitutional rights.
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The court recommended denying the motion to dismiss the claim for fraud on the USPTO, finding the allegations sufficient to state a plausible claim.
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The court held that Title II of the Civil Rights Act of 1964 does not apply to claims of pregnancy or gender discrimination, nor does it provide for compensatory damages for race discrimination.
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The court held that the plaintiff failed to sufficiently allege ownership of service mark rights and prior use in commerce, and failed to plead sufficient facts to pierce the corporate veil or hold the individual defendant personally liable for infringement.
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The court held that the amended complaint was a shotgun pleading because it failed to separate distinct causes of action into separate counts, warranting dismissal.
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M.D. Fla.·
2021-10-12
The court held that the plaintiff's claims for unpaid minimum and overtime wages under the FLSA and Florida Constitution were not time-barred and that proper pre-suit notice was provided.
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M.D. Fla.·
2021-10-12
The court granted in part and denied in part the defendants' motion to dismiss, finding some claims sufficiently pleaded while others were preempted or lacked specific factual support.
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S.D. Fla.·
2021-10-08
The court granted in part the motion to dismiss the FDUTPA claim because the plaintiff failed to allege recoverable actual damages, but denied without prejudice the motion to dismiss the ADA claim for lack of standing, allowing the plaintiff to replead the FDUTPA claim.
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A pending motion to dismiss, alone, is not sufficient grounds to stay discovery; the moving party must demonstrate unusual circumstances, prejudice, or undue burden.
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N.D. Fla.·
2021-10-06
The court held that an arbitration award from 'LAMP common law arbitration' is not enforceable because LAMP is a fraudulent, non-existent entity and there was no valid arbitration agreement. The court also granted sanctions against the pro se plaintiff.
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The court held that a forum-selection clause in an employment agreement, not referenced in the complaint and not central to the claims, cannot be considered on a motion to dismiss. Venue is proper where defendants reside.
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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 procedurally deficient.
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The court held that the plaintiff's proposed amended complaint failed to state a plausible claim for excessive force or to challenge pending criminal proceedings. The court granted a final opportunity to amend the excessive force claim.
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The court held that the plaintiff failed to state a claim under § 1983 because his allegations did not establish deliberate indifference to a risk of serious harm, nor did they establish a causal connection for supervisory liability against PRIDE.
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The Court granted defendants' motions to dismiss, holding that the plaintiff failed to plead that the private equity sponsors formed a control group, thus the challenged transaction was presumptively subject to the business judgment rule. Furthermore, the plaintiff lacked standin
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The court held that the plaintiff failed to adequately plead violations of his First and Fourth Amendment rights, thus entitling the defendants to qualified immunity.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff failed to state claims for fraud, RICO, conspiracy, unjust enrichment, and rescission due to insufficient factual allegations and contradictions with the contract.
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The court held that the plaintiff did not qualify for in forma pauperis status due to sufficient income and assets, and her complaint failed to establish federal jurisdiction or state a claim due to lack of subject matter jurisdiction and the applicability of litigation privilege
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The court held that the plaintiff failed to properly exhaust his administrative remedies as required by the PLRA, and the alleged unavailability of the process was not sufficiently demonstrated.
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M.D. Fla.·
2021-09-29
A 50-page handwritten amended complaint was dismissed as a shotgun pleading, but the plaintiff was granted leave to file a second amended complaint that complies with pleading standards.
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S.D. Fla.·
2021-09-29
The court held that claims for wrongful death based on general negligence or negligent use of a firearm fail because the alleged facts describe intentional conduct, not a lack of due care. Claims for negligent training, retention, or supervision also fail for lack of specific fac
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M.D. Fla.·
2021-09-27
The court held that it lacked subject matter jurisdiction over claims challenging tax assessments and collections due to sovereign immunity and statutory bars, and that a claim regarding a 'seriously delinquent tax debt' certification failed to state a claim.
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S.D. Fla.·
2021-09-27
The court held that the plaintiff sufficiently pleaded a claim under the Fair Labor Standards Act, but failed to plead sufficient facts to establish the defendants' fiduciary status under ERISA. The ERISA claim was dismissed without prejudice.
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M.D. Fla.·
2021-09-24
A former sheriff's office employee sued his former supervisors under federal and state RICO statutes and constitutional law, alleging they retaliated against him for opposing an allegedly unconstitutional police program and terminated his employment through false internal affairs
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M.D. Fla.·
2021-09-23
The court held that the plaintiff's amended complaint adequately pleaded claims under the TCPA and established standing, and that the motion to strike class allegations was premature.
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The court held that the second amended complaint sufficiently alleged facts to state a plausible claim for unpaid overtime wages under the FLSA, and the on-call time analysis is fact-specific and better suited for summary judgment.
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S.D. Fla.·
2021-09-17
The court held that a defamation claim against an individual reporter requires pre-suit notice under Florida law, and claims based on articles published outside the statute of limitations are dismissed with prejudice.
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M.D. Fla.·
2021-09-17
The court held that Plaintiff adequately pleaded claims for denial of benefits and breach of fiduciary duty under ERISA, but dismissed the claim against Express Scripts for failure to monitor.
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M.D. Fla.·
2021-09-17
The Court denied all motions to dismiss, finding that the receiver's claims for fraudulent transfers and unjust enrichment were sufficiently stated and that jurisdiction, venue, and service of process were proper.
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The court held that The Orchards Condominium Association, Inc. failed to plead actual damages in its counterclaim for violation of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).
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S.D. Fla.·
2021-09-15
The court held that the insurer was only obligated to pay the actual 'Buy-Out Expense' incurred by the owner, which was limited to the guaranteed payment amount, not the maximum potential policy coverage.
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The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment because the alleged incident was isolated and did not demonstrate the defendants' subjective awareness of a substantial risk of harm.
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The court held that a counterclaim seeking declaratory relief is not redundant and should not be dismissed, even if it mirrors the complaint, because it seeks affirmative relief not fully addressed by the complaint.
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M.D. Fla.·
2021-09-14
The court held that the plaintiff failed to exhaust administrative remedies and that his claims, even if considered on the merits, were insufficient to state a claim for deliberate indifference or constitutional violations.
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S.D. Fla.·
2021-09-14
The court held that the plaintiff failed to state a claim under the FDCPA and FCCPA because he did not sufficiently allege a consumer debt and the defendants provided adequate debt validation, and the FCCPA claim was barred by the litigation privilege.