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 Sheriff's motion to dismiss based on sovereign immunity and insufficient pleading should be denied, as the plaintiff sufficiently pleaded claims against the Sheriff for the Deputy's actions.
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S.D. Fla.·
2021-07-08
The court granted in part and denied in part the motion to dismiss Chase's counterclaim, dismissing the declaratory judgment claim as duplicative but allowing the interpleader claim to proceed.
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Del. Ch.·
2021-06-30
The Court of Chancery denied defendants' motions to dismiss a stockholder derivative complaint alleging breach of fiduciary duties in a controlling stockholder transaction. The court found that the entire fairness standard of review applied, and that the plaintiff had adequately
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M.D. Fla.·
2021-06-29
The court denied the motion to dismiss, finding the second amended complaint was not a shotgun pleading, not preempted by FUTSA, and sufficiently stated claims for FDUTPA, tortious interference, and unfair competition.
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M.D. Fla.·
2021-06-29
The court held that the defendant's motion to dismiss should be denied because the plaintiff's complaint alleged sufficient factual detail to state a plausible claim for relief, and the relationship-forming documents did not refute the claims at the pleading stage.
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The court denied the defendants' motion to dismiss, finding that the plaintiff's claims were sufficiently pleaded and that factual development was necessary.
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The court held that plaintiff failed to state a claim for declaratory judgment, breach of contract, or fraud in the inducement because the insurance policy required direct physical loss or damage, which was not alleged, and the fraud claim lacked particularity.
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S.D. Fla.·
2021-06-21
The court held that the plaintiff failed to state a claim under Title II of the Civil Rights Act of 1967 because he did not allege compliance with the notice requirement and failed to identify similarly situated individuals treated better. Leave to amend was denied as futile.
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M.D. Fla.·
2021-06-17
The court held that the plaintiff's amended complaint contained sufficient allegations to support a plausible inference of gender discrimination, harassment, and retaliation under Title VII, thus denying the motion to dismiss.
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The court held that the TCPA's government-debt exception was severable, preserving federal question jurisdiction, and that while some TCPA claims could proceed, others were dismissed for lack of standing.
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A claim for unjust enrichment can be pleaded in the alternative to a breach of contract claim, even when an express contract exists, if the damages sought fall outside the scope of the contract.
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The court held that the plaintiffs' amended complaint sufficiently pleaded claims under Federal Rules of Civil Procedure 8(a)(2) and 9(b), and therefore denied the defendants' motions to dismiss.
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The court held that the defendants' motions to dismiss the third amended complaint should be denied as to all counts.
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S.D. Fla.·
2021-06-10
The court held that the statute of limitations barred the unreasonable search and seizure claim, supervisory liability claims against Truntz and Ortiz failed, and the malicious prosecution claim was inadequately pleaded. However, the statute of limitations did not bar the false a
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The court granted SF Motors' motion to dismiss all claims against it, finding that plaintiffs failed to adequately allege knowing participation in any fiduciary breaches. The court denied Jefferies' motion to dismiss the aiding and abetting breach of fiduciary duty claim and the
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The court held that a motion to dismiss Count Four for failure to state a claim for preliminary injunction was improper, as Count Four stated a claim for declaratory judgment.
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S.D. Fla.·
2021-06-08
The court granted in part and denied in part the motion to dismiss, finding the Fourth Amendment claim against the officer could proceed, but the Fourteenth Amendment claim, Monell claims against the City, and state law assault/false imprisonment claims were dismissed.
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The Court of Chancery denied in part Defendant's motion to dismiss, allowing the breach of contract claim concerning the intent to avoid the earnout to proceed. The Court granted the motion to dismiss the claims for breach of the implied covenant of good faith and fair dealing, f
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The Delaware Superior Court granted in part and denied in part Plaintiff's motion to dismiss Defendants' counterclaims. The court denied the motion to dismiss the breach of contract counterclaim, finding that the allegations, including the claim for disgorgement of fees paid for
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M.D. Fla.·
2021-06-03
The court held that the plaintiff failed to sufficiently allege a protectable property or liberty interest to support its due process claims under § 1983, but granted leave to amend. The ruling on the state law claim was deferred.
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The Delaware Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiff's claims were derivative and that the plaintiff lacked standing to bring them. The court found that the plaintiff failed to meet the requirements for bringing a derivative action,
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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 due to being a shotgun pleading and lacking specific factual allegations against defendants. The court also found that certain claims, like property deprivation
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M.D. Fla.·
2021-05-27
The court held that the University of South Florida Board of Trustees is immune from suit in federal court under the Eleventh Amendment for state law claims, and that the federal claims failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2021-05-24
The court held that the amended complaint was an impermissible shotgun pleading and dismissed it without prejudice, but denied dismissal for failure to exhaust administrative remedies.
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M.D. Fla.·
2021-05-21
The court held that a state agency is not a 'person' under § 1983, but claims against a supervisor can proceed if there's a causal connection. Claims against one warden were dismissed without prejudice, while claims against another were allowed to proceed.
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The court held that the plaintiff's repeated lawsuits, identical to previously adjudicated cases, are barred by the Rooker-Feldman doctrine and res judicata, and therefore granted motions to dismiss and enjoined the plaintiff from filing further actions without leave of court.
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The court held that the plaintiff failed to allege sufficient facts to establish that Covid-19 constitutes a pollutant under the insurance policy's definition of a biological agent or hazardous substance.
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The court held that the plaintiff's pro se complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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The court held that the plaintiff failed to exhaust administrative remedies for her disability discrimination claims because these claims were not raised in her EEOC charge.
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S.D. Fla.·
2021-05-14
The court held that Plaintiff's state law tort claims are completely preempted by ERISA, thus removal to federal court was proper and the claims are dismissed.
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A pretrial detainee's complaint alleging constitutional violations by a sheriff's office is subject to dismissal if the office is not a suable entity and if administrative remedies were not exhausted.
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The complaint states a claim under 18 U.S.C. § 1595(a) by alleging that defendants participated in a venture by renting rooms to individuals they knew or should have known were engaged in sex trafficking, that they knowingly benefited financially from such rentals and related ser
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S.D. Fla.·
2021-05-07
The court held that the plaintiff's complaint was insufficient to state a claim upon which relief could be granted and was therefore dismissed without prejudice.
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M.D. Fla.·
2021-05-06
The court held that the third amended complaint adequately pleaded fraudulent inducement against the defendant, denying the motion to dismiss.
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The court held that the plaintiff's complaint must be dismissed because he sued an entity not amenable to suit and failed to state a claim for deliberate indifference, nor did he exhaust administrative remedies.
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A victim of sex trafficking sued Wyndham Hotels & Resorts and the owner of a Super 8 hotel franchise, alleging she was trafficked at their property from 2014 to 2016 and asserting claims under the Trafficking Victims Protection Act, Florida RICO, premises liability, negligent hir
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M.D. Fla.·
2021-05-05
The court held that Valerie Collum's counterclaim against American General Life Insurance Company was preempted by ERISA and failed to state a claim under Florida law for negligence, and was also duplicative of the interpleader action.
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The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983, as his allegations amounted to negligence rather than deliberate indifference and did not establish supervisory liability.
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The court held that the plaintiff failed to allege facts sufficient to establish direct physical loss or damage to its property, which is required to trigger coverage under the insurance policy for COVID-19 related claims.
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M.D. Fla.·
2021-04-29
The court held that the plaintiff's discrimination claims are dismissed with prejudice for failure to file a timely EEOC charge, but she may amend her complaint to state a separate breach of contract claim.
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M.D. Fla.·
2021-04-28
The court held that a legal malpractice action is time-barred if not filed within two years of discovery, even if styled as contract or tort claims.
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The court held that the plaintiff's allegations sufficiently stated a claim for negligence and plausibly alleged intentional misconduct for punitive damages.
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The Court held that the pro se plaintiff's complaint failed to state a plausible claim and lacked subject-matter jurisdiction, warranting dismissal without prejudice.
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The court held that the plaintiff's complaint sufficiently stated a claim for bad faith insurance practices, and the Civil Remedy Notice substantially complied with statutory requirements.
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M.D. Fla.·
2021-04-27
The court held that a non-signatory defendant cannot compel arbitration under an agreement to which it is not a party, and that the plaintiff sufficiently pleaded claims for tortious interference and trade secret misappropriation but not for false advertising.
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M.D. Fla.·
2021-04-27
The court held that the arrest report could not be considered on a motion to dismiss because it was not attached to the complaint and its contents were disputed. The court also found that the plaintiff's allegations, if true, stated a claim for excessive force against Officer Gon
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M.D. Fla.·
2021-04-26
A pro se homeowner's amended complaint alleging fraud, breach of contract, RICO violations, and other claims against a mortgage loan servicer was dismissed with prejudice because the underlying legal theories—including reliance on the discredited "vapor money" doctrine that a sel
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M.D. Fla.·
2021-04-22
The court held that claims against a defendant must specify the defendant's role in making misrepresentations, and "lumping" multiple defendants together is insufficient under Rule 10b-5 and Rule 9(b).
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Del. Ch.·
2021-04-19
The Delaware Court of Chancery partially denied the defendant's motion to dismiss the plaintiff's complaint. The court held that the plaintiff could maintain a claim to enforce a prior court order in a new action due to the procedural history, and that the order provided clear no
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M.D. Fla.·
2021-04-19
The Court held that the Plaintiff's Fourth Amendment claim was moot because the challenged provisions of the ordinance were repealed or amended, removing the alleged constitutional harm.