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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M.D. Fla.·
2020-11-20
Steven Bunyan, a Department of Veterans Affairs employee, sued the United States and the VA Secretary for false imprisonment, racial discrimination, and assault stemming from a February 2016 incident in which he was arrested by a VA police officer following a physical altercation
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M.D. Fla.·
2020-11-18
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 defendant is not entitled to judgment on the pleadings for the plaintiff's common law unfair competition claim, as the complaint sufficiently alleged competition in the dietary supplement market.
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The court held that the state law claims were preempted by the Carmack Amendment, and the inclusion of the Underwriters as plaintiffs violated the bankruptcy court's automatic stay order because the order did not contemplate their involvement.
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M.D. Fla.·
2020-11-17
The court granted the motion to dismiss, finding the plaintiff failed to state a claim for deliberate indifference or negligence against the defendant.
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M.D. Fla.·
2020-11-16
The court held that the defendant's counterclaim for defamation per se failed because the Facebook posts, when read in context, did not constitute statements charging infamous crimes or tending to injure the plaintiff in his trade or profession, and were likely rhetorical hyperbo
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The court held that the plaintiff's allegations were sufficient to state a claim for violations of the Fair Credit Reporting Act, thus denying the motion to dismiss.
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The court held that Plaintiff's claims against Murphy and Bowden are dismissed, and certain claims against Pesina are dismissed, but excessive force, retaliation, and access to court claims against Pesina may proceed.
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The court held that the plaintiff lacked standing for his claim regarding the initial disclosure provision of the FCRA and failed to state a claim for violations of the adverse action provisions, warranting dismissal of the complaint.
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S.D. Fla.·
2020-11-01
The court held that the plaintiffs failed to allege facts sufficient to state a claim for coverage under the insurance policy, as they did not plead direct physical loss or damage to the covered property. Consequently, the motion to dismiss was granted.
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The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to lack of constitutional duty, failure to allege conspiracy with specificity, prematurity of claims challenging state prosecution, and applicable immunities.
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The court held that the plaintiffs failed to state claims for fraudulent inducement, violation of FDUTPA, rescission, and civil conspiracy against Pawnee Leasing Corporation.
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S.D. Fla.·
2020-10-27
The court held that the County's motion to dismiss the false arrest claim based on sovereign immunity should be denied because the allegations, taken as true, do not conclusively establish that the officers acted in bad faith or with malicious purpose.
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The court held that the parties agreed to arbitrate arbitrability, and thus disputes regarding the interpretation, applicability, and enforceability of the arbitration agreement are for the arbitrator, not the court, to decide.
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M.D. Fla.·
2020-10-21
The court held that the plaintiff's allegations sufficiently pleaded a failure-to-train claim against the Sheriff under Monell, precluding judgment on the pleadings.
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M.D. Fla.·
2020-10-20
The Court held that a claim under 15 U.S.C. § 1681s–2(b) requires alleging a factual inaccuracy in credit reporting, not a legal dispute over the validity of a debt, and that the Plaintiff's claim based on forgery was a resolved legal issue.
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M.D. Fla.·
2020-10-19
The court held that the plaintiff failed to state a plausible claim for false arrest or violation of freedom of speech against Officer Suttle, and consequently, the claim against the City based on Suttle's actions was also dismissed.
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The court held that the plaintiff failed to plead fraud claims with particularity and that the conversion claim was not independent of the breach of contract claim.
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The court held that the 120-day waiting period under 5 U.S.C. § 7702(e)(1)(B) is a strict claims-processing rule, not a jurisdictional prerequisite, and a regulation cannot toll this period. Therefore, the plaintiff's civil action was timely filed.
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The court held that the plaintiff's complaint failed to state a claim for an Eighth Amendment violation because the allegations amounted to simple negligence, not deliberate indifference.
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A retaliation claim under Title VII is not procedurally barred if it reasonably grows out of the allegations in the EEOC charge, even if the retaliation box is not checked. Furthermore, allegations of discriminatory treatment and complaints about that treatment, followed by termi
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S.D. Fla.·
2020-10-13
The court granted the motion to dismiss, finding that the plaintiff failed to state claims for an action for accounting, fraud, violation of FDUTPA, and tortious interference.
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Del. Ch.·
2020-10-09
The Court recommends granting the motion to dismiss, finding that the estate representative's claims are untimely and barred by laches. The court determined that the statute of limitations began to run on or around September 15, 2016, and the claims were not filed within the anal
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The court held that statutory bad faith claims are premature and must be dismissed without prejudice until the underlying uninsured motorist coverage claims are resolved.
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M.D. Fla.·
2020-10-05
The court held that Plaintiff failed to state a claim for vicarious liability against Aquent, tortious interference, and promissory estoppel, and dismissed the FDUTPA claim for failure to plead actual damages with specificity. Equitable estoppel was dismissed with prejudice as it
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The court held that the plaintiff inmate failed to state a plausible claim for relief under the First, Fourth, Fifth, and Eighth Amendments, and dismissed the case without prejudice.
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The court held that the plaintiff's filing failed to state a claim and lacked subject matter jurisdiction, warranting dismissal.
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The court held that a plaintiff proceeding in forma pauperis must state a plausible claim for relief, and this complaint failed to allege sufficient facts to establish the cruise line's notice of the dangerous condition.
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M.D. Fla.·
2020-09-22
The court held that convenience fees charged for an optional payment service are not debts subject to the FDCPA because the defendant is not a 'debt collector' under the statute for such fees, and the court declined supplemental jurisdiction over the related state law claim.
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M.D. Fla.·
2020-09-21
The court held that the plaintiff failed to state a claim for deliberate indifference to a serious medical need under Section 1983 and that the state law negligence claim was properly dismissed for failure to comply with statutory pre-suit notice requirements.
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M.D. Fla.·
2020-09-18
The court held that the Third Amended Complaint failed to adequately allege a custom or policy for deliberate indifference claims against the City and County, and failed to identify a specific contract for breach of contract claims. Individual deliberate indifference claims again
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The court affirmed and adopted the Magistrate Judge's report, denying defendants' motion for sanctions under Federal Rule of Civil Procedure 11.
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M.D. Fla.·
2020-09-17
The court held that the defendant's motion to dismiss based on mootness and lack of standing should be denied, as the plaintiff, an ADA tester, sufficiently alleged a likelihood of future injury and ongoing violations.
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M.D. Fla.·
2020-09-15
The Court denied the defendant's motion to dismiss without prejudice because it failed to comply with local rules and directed the plaintiff to supplement the record regarding jurisdictional facts.
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M.D. Fla.·
2020-09-14
The court held that a party cannot avoid arbitration by preventing preconditions, and that issues regarding preconditions are for arbitrators, not courts, to decide.
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S.D. Fla.·
2020-09-14
Foreign nationals who invested millions of dollars in an EB-5 immigrant investor program allegedly run by Joseph Walsh sued the defendants for fraud, alleging their investment funds were diverted through a fraudulent "fake escrow account" at PNC Bank instead of being used for the
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S.D. Fla.·
2020-09-14
The court denied the defendant's motion to dismiss, finding that the plaintiff sufficiently alleged Article III standing and that claims based on pre-2004 conduct were not time-barred.
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The Delaware Supreme Court affirmed the Superior Court's dismissal of the plaintiff's claims for promissory estoppel and unjust enrichment. The Court found that while the Superior Court's reliance on a general release executed during an online auction, without converting the moti
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S.D. Fla.·
2020-09-08
A cruise line company appealed a district court's decision denying its motion to dismiss a suit brought under Title III of the Helms-Burton Act (Cuban Liberty and Democratic Solidarity Act), alleging that the company trafficked in Cuban property previously confiscated from the pl
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not adequately allege a policy or custom for the official capacity claim and did not sufficiently plead the absence of probable cause for the individual capacity claim. The court also
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M.D. Fla.·
2020-09-03
The court granted in part and denied in part the motion to dismiss, denying dismissal for TCPA claims but granting dismissal for the invasion of privacy claim.
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M.D. Fla.·
2020-09-02
The court denied the motion to dismiss for lack of standing and converted the statute of limitations issue to a motion for summary judgment, allowing limited discovery.
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S.D. Fla.·
2020-09-01
Havana Docks Corporation filed suit against Norwegian Cruise Line Holdings under the Helms-Burton Act (Title III) after the suspension of lawsuits under that provision was lifted in May 2019, alleging that NCL trafficked in waterfront property in Havana that the Cuban Government
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Del. Ch.·
2020-08-31
The Court granted in part and denied in part Alphatec's motion to dismiss. The Court dismissed NuVasive's claims for unfair competition under California law (Count IV) and aiding and abetting breach of fiduciary duty (Count VIII) for failure to state a claim or plead sufficient f
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Del. Ch.·
2020-08-31
The Court granted the defendants' motion to dismiss, holding that the plaintiffs failed to state a claim for breach of fiduciary duty. While the stockholder vote was not fully informed due to a material omission regarding the board's view of intrinsic value, this did not automati
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The court held that the plaintiff's complaint sufficiently stated claims for breach of contract and promissory estoppel, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2020-08-26
The court held that the plaintiff failed to exhaust administrative remedies as required by the ERISA plan, and thus his claims are dismissed, though he is granted leave to amend.
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M.D. Fla.·
2020-08-26
The court held that the False Claims Act's first-to-file rule bars the relators' claims because an earlier-filed, related action was pending when their original complaint was filed, and an amended complaint does not cure this defect.
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Del. Ch.·
2020-08-25
The Court denied in part and deferred decision in part on the defendants' motion to dismiss. The breach of contract, indemnification, and common law fraud claims were allowed to proceed. The California Blue Sky Law claim requires supplemental briefing. Claims against Kristen Zell
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M.D. Fla.·
2020-08-25
The court held that the plaintiff plausibly alleged claims for retaliation under both the FLSA and FFCRA, and therefore the defendant's motion to dismiss was denied.