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 presence of COVID-19 and resulting business alterations do not constitute direct physical loss or damage to the insured property, nor does it trigger civil authority coverage under the policy.
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The court held that the third-party complaint was improperly joined under Rule 14 and failed to state a claim for breach of contract due to lack of recoverable damages and failure to allege attorney incompetence.
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M.D. Fla.·
2021-09-13
The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead a pattern of predicate acts causing injury, nor did he sufficiently plead specific predicate acts under federal or state law.
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M.D. Fla.·
2021-09-13
The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend, and denied the defendants' motions to dismiss as moot.
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M.D. Fla.·
2021-09-10
Davis sued debt collector Portfolio Recovery Associates for violations of the Fair Debt Collection Practices Act based on a collection letter concerning a time-barred debt, alleging the letter's disclaimer and settlement offers were misleading because they failed to clearly state
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The court held that Count II, alleging a hostile work environment, must be dismissed because it improperly combined claims under Title VII and the Rehabilitation Act, and failed to state a claim for disability discrimination due to a hostile work environment.
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The court held that session replay software recording website user activity does not intercept 'contents' of a communication under the Florida Security of Communications Act (FSCA), thus failing to state a claim.
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Claims against supervisory defendants are dismissed because a plaintiff must allege personal participation or a causal connection between the supervisor's actions and the constitutional deprivation, not merely vicarious liability or the filing of a grievance.
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The court held that the plaintiff's amended complaint failed to state a claim for relief under RICO and constitutional law because it lacked sufficient factual allegations for predicate acts and municipal liability.
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The court held that claims against Officer Gerow and Dr. Espino must be dismissed for failure to state a claim upon which relief can be granted.
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The court held that the Hillsborough County Sheriff's Office is an improper defendant and that the plaintiff's complaint, containing vague and conclusory allegations, failed to state a claim under federal or state law, but granted leave to amend.
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M.D. Fla.·
2021-09-01
The court held that the Plaintiff's claim under Florida's Whistle-blower's Act (Count I) could proceed, but his First Amendment retaliation claim (Count V) and Due Process claim (Count VI) were dismissed.
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Del. Ch.·
2021-08-31
The Court granted defendants' motions to dismiss, finding that the acquisition was cleansed under the Corwin doctrine because a fully informed, uncoerced majority of stockholders tendered their shares. The plaintiff failed to plead any material omissions or misleading statements
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The court held that the presence of COVID-19 and resulting government orders do not constitute 'direct physical loss or damage' required to trigger coverage under the insurance policy.
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The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted due to vague and conclusory allegations, and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2021-08-30
The court held that the defendant's statements did not identify the plaintiff, thus failing to state a claim for defamation per se, and granted the motion to dismiss.
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The court held that the amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted.
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The Court granted in part Defendant Bank of America Corporation's Motion to Dismiss, finding the Plaintiff's Complaint to be a classic shotgun pleading that failed to provide adequate notice of the claims against the defendants.
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Del. Ch.·
2021-08-25
The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed the claims for violation of the Delaware Wage Payment and Collection Act, breach of the Stock Purchase Agreement and Reallocation Agreement, and unjust enrichment. The
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S.D. Fla.·
2021-08-23
The court denied most motions to dismiss, finding the complaint adequately pleaded claims against the Lawyer Defendants and that service on Deighan was improper but could be perfected. The court rejected arguments regarding shotgun pleading, veil piercing, and indispensable parti
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The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead predicate acts of racketeering activity or a pattern of such activity.
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S.D. Fla.·
2021-08-20
The court denied motions to dismiss for most lawyer defendants, finding the complaint sufficiently pleaded claims and that Rule 9(b) did not apply to all claims. The court granted dismissal for one defendant due to improper service.
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M.D. Fla.·
2021-08-19
The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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The court held that the plaintiff's claims were not administratively barred, but dismissed some claims for failure to state a claim with prejudice.
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M.D. Fla.·
2021-08-18
The court held that the plaintiff failed to state a plausible claim for relief in Counts II and IV of his amended complaint, as he did not identify the specific constitutional right infringed or the statutory basis for his claims.
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M.D. Fla.·
2021-08-17
The court held that it lacked subject-matter jurisdiction to review the denial of an immigration waiver application because the Immigration and Nationality Act (INA) precludes such review, and the plaintiffs' attempt to frame the claim as a procedural error did not overcome this
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The court granted the motion to dismiss, finding the complaint failed to state a plausible claim and constituted a shotgun pleading, but granted leave to amend for most claims.
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The court held that the relator failed to state a claim under the False Claims Act for presentment of false claims, false records/statements, and reverse false claims due to insufficient particularity in pleading. However, the court granted leave to amend the retaliation claim.
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M.D. Fla.·
2021-08-13
The court held that Plaintiff failed to state a claim against Poppell and Sawyer regarding the disciplinary policy, but may proceed with procedural due process claims against Porfert, McCawley, and Carner.
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M.D. Fla.·
2021-08-11
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state plausible claims for relief on most counts, granting the motion to dismiss.
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M.D. Fla.·
2021-08-10
The court held that the plaintiff failed to state a claim against Centurion Healthcare and Peterson, and failed to exhaust administrative remedies or state a claim against the remaining defendants.
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The court held that the plaintiff sufficiently pleaded that his speech involved a matter of public concern, but deferred the Pickering balancing test and qualified immunity determination to summary judgment, thus denying dismissal of the claim against the individual defendant. Ho
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Del. Super. Ct.·
2021-08-06
The Court denies the defendant's motion to dismiss the plaintiff's claims for unjust enrichment and tortious interference with business relations. The Court found that the plaintiff sufficiently pled the elements for both claims, and that the Letter of Intent did not comprehensiv
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A prisoner who is a "three-striker" under 28 U.S.C. § 1915(g) must prepay the entire filing fee and cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
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S.D. Fla.·
2021-07-29
A state statute imposing a higher standard of care than general maritime law cannot be applied in admiralty cases, even for property damage.
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11th Cir.·
2021-07-28
The court held that the plaintiff failed to adequately plead actual malice for its defamation claim and that applying Title II to the AmazonSmile program would violate the First Amendment by compelling Amazon to subsidize speech it does not support.
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M.D. Fla.·
2021-07-27
The court held that the amended complaint sufficiently alleged retaliation claims under the FCRA and Title VII, and was not an impermissible shotgun pleading.
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The court held that the amended complaint plausibly alleged trafficking in confiscated property and that the plaintiffs sufficiently pleaded scienter and actionable ownership interests for the purpose of a motion to dismiss.
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The court held that the defamation claim was dismissed due to insufficient pre-suit notice, and the tortious interference and trade libel claims were dismissed under the single action rule, but the FDUTPA claim survived.
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M.D. Fla.·
2021-07-26
The court held that a claim against a school superintendent in his official capacity is duplicative of a claim against the school board and that the plaintiff failed to plausibly allege the superintendent was the final decisionmaker for the demotion.
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S.D. Fla.·
2021-07-26
The court held that the plaintiff failed to state a claim for deliberate indifference to a serious medical need against the doctor defendants, as his allegations primarily concerned differences in medical judgment and treatment choices. The court also denied the plaintiff's motio
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S.D. Fla.·
2021-07-23
The court held that it was premature to deny a motion to amend a complaint based on futility due to choice of law issues, as further briefing and factual development were needed.
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The court held that the plaintiff's complaint must be dismissed for insufficient service of process and for being a shotgun pleading, but granted leave to amend.
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The court granted in part and denied in part the motion to dismiss, dismissing the declaratory judgment claim and partially dismissing the breach of fiduciary duty claim against a manager.
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A pro se litigant cannot represent others in a class action, and the plaintiff's individual complaint failed to state a claim upon which relief could be granted.
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The court held that the plaintiff's claims were properly dismissed because the malicious prosecution claim was barred by Heck v. Humphrey, the due process claims were barred by prosecutorial immunity, and the state law claims were dismissed for lack of subject matter jurisdiction
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M.D. Fla.·
2021-07-16
The court held that the Sheriff's motion to dismiss was granted in part and denied in part, allowing claims for ADA and Rehabilitation Act violations to proceed but dismissing the request for a declaration that Wanda Boudreau did not violate state law.
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The Court of Chancery denied the defendants' motion to dismiss claims for breach of fiduciary duty and unjust enrichment, finding that derivative plaintiffs owe fiduciary duties to the corporation and its stockholders and can be held liable for improper withholding of derivative
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M.D. Fla.·
2021-07-14
The court held that the complaint sufficiently stated claims for trademark infringement and unfair competition, but that Short-E LLC lacked standing to pursue certain federal claims.
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M.D. Fla.·
2021-07-12
The court held that summary judgment was premature due to the need for discovery, but dismissed claims against John Doe defendants and official capacity claims against other defendants. It also found that officers Smith and Mazuryk were entitled to qualified immunity on the failu