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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S.D. Fla.·
2021-02-16
The court held that the plaintiff's allegations were insufficient to establish individual coverage under the FLSA, and therefore dismissed the amended complaint without prejudice, granting one final opportunity to amend.
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The court held that the plaintiff's claims for false arrest and First Amendment retaliation failed to state a plausible claim for relief and were dismissed.
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The court held that the plaintiff failed to state a plausible claim for relief under the Eighth or Fourteenth Amendments and that the Department of Health is not a suable 'person' under § 1983.
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The court held that the plaintiff's complaint, even when construed liberally, failed to state a plausible claim for relief and did not comply with pleading rules.
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M.D. Fla.·
2021-02-04
The court held that a business's inability to operate due to COVID-19 related government orders does not constitute a 'direct physical loss of or damage to property' under the insurance policy, and therefore, coverage is not provided.
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The court held that the complaint was a shotgun pleading and failed to state a claim under the Fourteenth Amendment, but denied the motion to stay as moot.
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An insurance company regulated by the Department of Financial Services is statutorily exempt from liability under the Florida Deceptive and Unfair Trade Practices Act, regardless of the specific activity at issue.
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The Court of Chancery denied in part and granted in part defendants' motions to dismiss. The court found that the complaint sufficiently pleaded claims for breach of fiduciary duty against Cagnazzi and for aiding and abetting breaches of fiduciary duty against LionTree and BCP. H
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M.D. Fla.·
2021-01-28
The court held that plaintiff plausibly alleged a policy of restricting non-emergency medical treatment against Wexford Health Sources, Inc., but dismissed claims against individual defendants for failure to state a claim or lack of personal involvement.
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S.D. Fla.·
2021-01-28
The court held that the amended complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting plaintiff leave to amend.
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M.D. Fla.·
2021-01-27
The court held that a restaurant's losses due to COVID-19 business closures are not covered by its insurance policy because they do not constitute direct physical loss or damage to property.
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The court denied Syneos' motion to dismiss Odonate's breach of contract counterclaim, finding that Rule 12(b)(6) does not permit piecemeal dismissal of individual theories within a single claim. However, the court granted Syneos' motion to dismiss Odonate's counterclaims for brea
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Del. Super. Ct.·
2021-01-21
The appellate court affirmed the trial court's dismissal of the plaintiffs' claims, holding that the plaintiffs lacked standing. The court found that the alleged "imminent risk of future harm" from the data breach was not concrete, particularized, actual, or imminent, and that th
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M.D. Fla.·
2021-01-21
The court held that the Second Amended Complaint failed to state a claim under the False Claims Acts due to insufficient pleading of a kickback scheme and the presentment of false claims, but granted leave to amend.
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S.D. Fla.·
2021-01-21
The court held that the plaintiff sufficiently alleged a plausible claim for Title VII retaliation, and therefore denied the defendant's motion to dismiss.
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M.D. Fla.·
2021-01-21
The court held that the plaintiffs' complaint must be dismissed without prejudice due to a lack of standing, as the assignments were inconsistent and potentially invalid.
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Del. Ch.·
2021-01-21
The Court granted defendants' motion to dismiss. The Court held that the expansion of the board from eight to nine directors and the appointment of an independent director were valid under the company's certificate of incorporation and stockholder agreement. Furthermore, the Cour
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S.D. Fla.·
2021-01-14
The court held that the plaintiff's Second Amended Complaint constituted a shotgun pleading and failed to state actionable claims, and that the plaintiff's attempts to disqualify opposing counsel were unwarranted and denied.
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The court dismissed the case because it lacked subject matter jurisdiction and the Rooker-Feldman doctrine barred review of the state court's judgment.
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S.D. Fla.·
2021-01-11
The court held that the plaintiff failed to allege facts sufficient to trigger coverage under the insurance policy for business interruption losses related to COVID-19.
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The court held that the defendants' motion to dismiss and request for judicial notice should be denied because the plaintiffs adequately pleaded a plausible claim for trademark infringement and cybersquatting.
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The court held that claims against BLS are subject to arbitration and stayed them, while dismissing claims V-VIII against Oliver and El without prejudice for failure to meet pleading standards.
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The court held that the plaintiff sufficiently pleaded seaman status and her claims for Jones Act negligence, maintenance and cure, unseaworthiness, and false imprisonment to survive a motion to dismiss.
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The court held that the plaintiff failed to sufficiently allege direct physical loss or damage to its property, which is a prerequisite for coverage under the insurance policy.
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M.D. Fla.·
2020-12-30
The court held that the plaintiff sufficiently pleaded a defamation claim, alleging specific false and defamatory statements made by the defendant that implied undisclosed facts and caused harm to the plaintiff's business.
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The court held that the plaintiff's complaint failed to allege direct physical loss or damage to the insured property, which is a prerequisite for coverage under the insurance policy for business interruption claims related to COVID-19.
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The district court lacks subject matter jurisdiction to review claims challenging an alien's removal order or the proceedings leading to it, as these are exclusively vested in the courts of appeals under the Immigration and Nationality Act.
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S.D. Fla.·
2020-12-20
The court granted in part the defendants' motions to dismiss, dismissing Count 1 for lack of standing but allowing Count 2 to proceed.
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The court dismissed most claims for failure to state a claim or pleading deficiencies, granting leave to amend for some counts.
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M.D. Fla.·
2020-12-17
The court held that a business interruption claim under an all-risk insurance policy requires a direct physical loss or damage to property, which was not alleged by the plaintiff.
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The court held that the plaintiff failed to state a claim for negligence against the animal shelter under Restatement (Second) of Torts §§ 315 and 323 because no special relationship existed and the shelter did not undertake services for the plaintiff's direct protection. However
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The court granted the defendant's motion to dismiss Count 2 of the plaintiff's complaint. The court found that the plaintiff's request for a declaratory judgment was an improper request for an advisory opinion because there was no actual controversy. The plaintiff admitted that C
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M.D. Fla.·
2020-12-15
The court held that individual defendants are not liable under Title VII and that the plaintiff's complaint was a shotgun pleading that failed to comply with federal rules, requiring dismissal without prejudice to allow amendment.
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The court held that the plaintiff failed to establish standing for most of her claims and failed to state a claim under Rule 12(b)(6) for others, primarily because she did not demonstrate a concrete injury-in-fact or causation for the alleged COBRA violations.
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The Delaware Court of Chancery denied SoftBank Group Corp. (SBG) and SoftBank Vision Fund (AIV M1) L.P.'s (Vision Fund) motions to dismiss The We Company's complaint. The court held that The We Company has standing to sue for alleged breaches of the Master Transaction Agreement (
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M.D. Fla.·
2020-12-11
The court held that a Section 1983 false arrest claim requires personal involvement in the arrest, and mere encouragement is insufficient, but a failure to protect claim based on encouraging an unlawful arrest can survive.
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M.D. Fla.·
2020-12-11
The court denied the defendant's motion to dismiss, finding that the forum selection clause in the settlement agreement did not apply and that the plaintiffs had sufficiently stated claims for breach of contract, violation of the Defend Trade Secrets Act, and violation of the Flo
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S.D. Fla.·
2020-12-08
The court held that the complaint adequately states claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and that it has subject matter jurisdiction.
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The court granted the motion to dismiss claims against KAR and ADESA for lack of personal jurisdiction and dismissed Counts I-VI for improper joinder and as compulsory counterclaims.
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The court denied the defendants' motion to stay discovery pending resolution of their motion to dismiss.
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The court held that denying protestors access to courthouse restrooms does not violate the First, Fourth, or Thirteenth Amendments, as courthouses are nonpublic forums and restroom access is restricted to those with court business.
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The court held that a Bivens claim for a First Amendment violation in a new context, particularly concerning prisoner litigation, is disfavored and should be dismissed.
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The court held that the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs under the Eighth Amendment and failed to allege facts supporting an equal protection claim under the Fourteenth Amendment.
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S.D. Fla.·
2020-12-03
The court held that the plaintiff's amended complaint sufficiently alleged claims for violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and unjust enrichment, denying the defendants' motion to dismiss.
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M.D. Fla.·
2020-12-02
The court granted in part McKesson's motion to dismiss, dismissing claims for breach of the implied covenant of good faith and fair dealing and FDUTPA, but denied dismissal for declaratory judgment and tortious interference.
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The court granted in part McKesson's motion to dismiss, dismissing the claims for breach of the implied duty of good faith and fair dealing and FDUTPA, but denied dismissal for the declaratory judgment claim.
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The Court granted in part and denied in part the seller's motion to dismiss the buyer's counterclaims. The motion to dismiss the counterclaim for specific performance was denied, as was the motion to dismiss the breach of contract counterclaim without prejudice. However, the moti
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M.D. Fla.·
2020-11-29
The court held that the plaintiff failed to state a claim under the Electronic Fund Transfers Act (EFTA) and the Florida Consumer Collection Practices Act (FCCPA) because the defendant credit union had a superior statutory lien to collect a debt. The court granted the motion to d
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S.D. Fla.·
2020-11-25
The court held that the complaint was a shotgun pleading and dismissed all claims against Mayor Gimenez and Chief Casas, and granted qualified immunity to Mayor Gimenez, Chief Casas, and Sgt. Lowe.
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An arbitration award draws its essence from a collective bargaining agreement if its interpretation can be rationally derived from the agreement, and changes in terms like duration or specific clauses do not invalidate the award in interest arbitration.