1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
-
The court held that the plaintiff's claims for failure to warn were barred by the learned intermediary doctrine, and the claims for breach of implied warranty were barred by the Uniform Commercial Code's notice requirement and failure to plead a safer alternative design.
-
The court held that the plaintiff's complaint failed to state a plausible claim for gender discrimination and retaliation under Title VII due to insufficient factual allegations, and that punitive damages are not recoverable against a political subdivision under Title VII.
-
S.D. Fla.·
2021-04-12
The court granted the motion to dismiss, finding the plaintiff failed to state a claim for securities fraud because the challenged statements constituted corporate puffery and were not material misrepresentations or omissions.
-
The court held that the complaint sufficiently alleged a policy or custom of deliberate indifference to medical needs, and therefore denied the sheriff's motion to dismiss on those grounds, deferring the issue of causation.
-
The court held that a sheriff's office is not a suable entity under 42 U.S.C. § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without a physical injury. The court dismissed the case without prejudice, allowing the plaintiff to refile with a proper d
-
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and the plaintiff failed to allege a physical injury as required by the PLRA.
-
The court held that the plaintiffs' complaint failed to state a claim for tortious interference with a business relationship because a potential lawsuit is not a business relationship and damages based on speculation are not recoverable.
-
The court held that the unjust enrichment claim is barred by Florida's Unfair Insurance Trade Practices Act (FUITPA) and the existence of an express contract, and the FDUTPA claim is inapplicable to insurance matters regulated by state law.
-
The court held that Agrosale's third-party claims against the Caribbean Produce Parties were not properly brought under Rule 14 because they were not dependent on the outcome of the main action, and that Agrosale's proposed amendment was futile.
-
Del. Super. Ct.·
2021-04-07
The Delaware Superior Court denied the defendant's motion to dismiss, finding that the plaintiff's claims were properly brought in Delaware under the Unit Asset Purchase Agreement's (UAPA) forum selection clause, which also waived forum non conveniens arguments. The court also he
-
The court held that the plaintiff's Second Amended Complaint failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
-
M.D. Fla.·
2021-03-31
Plaintiffs who purchased timeshare vacation ownership interests from Wyndham purchased one in Tennessee in 2012 and one in Florida in 2015, and brought claims for fraud, breach of contract, and violations of the Tennessee Timeshare Act against the defendants. The court granted in
-
S.D. Fla.·
2021-03-31
The court granted in part the defendant's motion to dismiss, finding the amended complaint constituted a shotgun pleading but allowing the plaintiff one final opportunity to amend his complaint.
-
M.D. Fla.·
2021-03-29
The court held that the plaintiffs sufficiently pleaded facts to support their First Amendment retaliation claims, as they alleged speaking as private citizens on matters of public concern, and therefore denied the defendant's motion to dismiss.
-
The court granted defendants' motion to dismiss, finding plaintiffs lacked standing to bring their claims.
-
The court held that the plaintiff's breach of contract claim failed because the anti-assignment clause in the settlement agreement was for the defendants' benefit and they had no affirmative obligation to enforce it. The court also held that the plaintiff's claim under Florida's
-
The Court granted the motion to dismiss Count III (declaratory judgment on contribution) as unripe, finding that the contribution claim had not been asserted and future events could obviate the need for judicial intervention. The Court denied the motion to dismiss Counts I (indem
-
S.D. Fla.·
2021-03-24
The court held that the plaintiff's unjust enrichment claim was insufficiently pled because the complaint lacked specific allegations of damages falling outside the scope of the express contract.
-
The court held that the plaintiff sufficiently alleged claims under the Truth in Lending Act (TILA) and the Florida Consumer Collection Practices Act (FCCPA), but dismissed the Fair Credit Reporting Act (FCRA) claim for failure to plead specific facts regarding the investigation
-
The court denied the motion to proceed in forma pauperis and dismissed the complaint with leave to amend due to procedural and pleading deficiencies.
-
M.D. Fla.·
2021-03-22
The court held that the insurance policy did not cover business losses resulting from COVID-19 government orders because the virus exclusion applied and there was no allegation of direct physical loss or damage to the property.
-
S.D. Fla.·
2021-03-16
The court held that the plaintiff's complaint seeking injunctive relief was barred by collateral estoppel because the issues were already litigated and decided in a prior arbitration proceeding confirmed by the court.
-
M.D. Fla.·
2021-03-16
The court held that claims against 3M, Attenti, and Roman were barred by res judicata, but dismissed Apax for lack of personal jurisdiction, granting plaintiff leave to amend as to Apax. The court denied a motion for Rule 11 sanctions.
-
M.D. Fla.·
2021-03-12
The court held that the plaintiff's amended complaint sufficiently stated claims for violation of the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, denying the defendants' motion to dismiss.
-
M.D. Fla.·
2021-03-11
The court adopts the Magistrate Judge's recommendation to dismiss the amended complaint without prejudice, allowing the plaintiff to file a second amended complaint, and overrules the defendant's objection as moot.
-
M.D. Fla.·
2021-03-11
The court held that the plaintiff failed to state a claim for a Fourth Amendment violation or a substantive due process violation, and therefore declined to exercise supplemental jurisdiction over the state law claims.
-
M.D. Fla.·
2021-03-10
The court held that CRMSuite failed to state a claim for breach of contract and promissory estoppel (Count III) due to lack of a valid contract and unrecoverable damages, but stated a claim for promissory estoppel (Count IV) and violation of the Florida Deceptive and Unfair Trade
-
The Court granted the defendant's motion to dismiss, holding that the plaintiff's breach of contract claim was time-barred by a one-year contractual limitations period in the Stock Purchase Agreement. The Court further held that the plaintiff's fraud claim failed because it was n
-
The court denied the defendant's motions to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
-
M.D. Fla.·
2021-03-08
The court held that the plaintiff's second amended complaint adequately stated claims for breach of contract, breach of fiduciary duty, promissory estoppel, and unjust enrichment, thus denying the defendant's motion to dismiss.
-
S.D. Fla.·
2021-03-05
The court granted the motion to dismiss because the plaintiffs failed to respond, and the claims were barred by prosecutorial immunity, sovereign immunity, and lack of standing.
-
M.D. Fla.·
2021-03-04
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and
-
The court denied defendant's motion to dismiss the Florida RICO claim, finding the complaint adequately alleged an association-in-fact enterprise with a common purpose to profit from sex trafficking, a pattern of criminal activity involving multiple human trafficking predicate ac
-
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
-
The court held that it lacked personal jurisdiction over the banking defendants but had jurisdiction over Pollick, and that amendment of claims against Scognamiglio would be futile, warranting dismissal.
-
S.D. Fla.·
2021-03-02
The court denied the motion to dismiss, finding that the plaintiff's allegations, if true, stated plausible claims for unlawful seizure and other violations of constitutional rights.
-
Del. Ch.·
2021-03-01
The Court denied the defendants' motion to dismiss, finding that the plaintiffs' claims for breach of fiduciary duty against the officers and aiding and abetting breach of fiduciary duty against the acquirer were sufficiently pleaded. The Court held that issue preclusion and star
-
M.D. Fla.·
2021-02-26
The court denied the defendant's motion to dismiss, finding that the plaintiff's claims were not barred by the litigation privilege and that the defendant failed to establish that a former landlord was an indispensable party whose absence warranted dismissal.
-
The court held that the defendant's motion to dismiss and strike should be denied as the complaint sufficiently pleads claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
-
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Florida RICO statute, premise liability, negligent hiring, supervision, and retention, and negligent rescue.
-
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
-
M.D. Fla.·
2021-02-23
A sex trafficking victim sued Wyndham Hotels & Resorts and a local franchisee operator, alleging the franchisor and franchisee knowingly facilitated her sexual exploitation between 2014 and 2016 by repeatedly renting hotel rooms to her traffickers despite observable signs of traf
-
M.D. Fla.·
2021-02-23
The court held that the plaintiffs' claims against the bank were not ripe for adjudication because they hinged on the contingent future event of securing a judgment in a pending malpractice case and being unable to collect on it.
-
M.D. Fla.·
2021-02-23
The court held that it lacked personal jurisdiction over the defendants because the plaintiff failed to allege sufficient facts showing a tortious act committed within Florida, and the complaint was dismissed as a shotgun pleading.
-
M.D. Fla.·
2021-02-22
A Florida district court denied motions to dismiss filed by hotel franchisor Wyndham Hotels & Resorts and franchisee Rist Properties in a sex trafficking case brought by victim S.Y., who alleged she was victimized at a Ramada Hotel from 2015 to 2016. The court found that the plai
-
The court adopted the magistrate's report, granting dismissal for several counts while denying dismissal for others, and affirmed supplemental jurisdiction over related state law claims.
-
The court granted in part and denied in part the motion to dismiss, dismissing several state law claims but allowing constitutional claims and malicious prosecution to proceed.
-
M.D. Fla.·
2021-02-17
The court granted in part and denied in part the motions to dismiss counterclaims and strike affirmative defenses, allowing the Lawyer Defendants one final opportunity to amend their pleadings.
-
M.D. Fla.·
2021-02-16
The court held that the negligence counterclaim is barred by Florida's independent tort doctrine because the alleged duty arises from the contract, and that the motion to strike the affirmative defense is denied as it raises substantial legal questions.
-
M.D. Fla.·
2021-02-16
The court held that the plaintiff's complaint sufficiently alleged violations of the Fair Credit Reporting Act (FCRA) to survive a motion to dismiss.