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 counterclaims sufficiently alleged facts to put the plaintiff on notice of the claims against it and that the challenged allegations were relevant and not scandalous, thus denying the motion to dismiss and strike.
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M.D. Fla.·
2020-05-08
The court held that a motion to dismiss is not the proper vehicle to resolve factual disputes regarding whether CMR acted as a public adjuster, and that redundant counterclaims are not subject to dismissal if otherwise valid.
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M.D. Fla.·
2020-05-08
The court held that wrongful death and manslaughter claims, as well as negligent training claims, may proceed, while negligent hiring, retention, supervision, and breach of contract claims are dismissed.
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M.D. Fla.·
2020-05-07
The court held that the plaintiff plausibly alleged that an appropriate official had actual notice of Professor Chestnutt's misconduct and that the university was deliberately indifferent, thus denying the motion to dismiss.
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M.D. Fla.·
2020-05-07
The court denied dismissal for claim splitting and the first-filed rule but granted dismissal for failure to state a claim under the FCCPA, with leave to amend. The court also granted consolidation of this case with a related case.
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M.D. Fla.·
2020-05-07
The court granted in part and denied in part defendants' motions to dismiss, dismissing several counts with prejudice or without prejudice for failure to state a claim or due to pleading deficiencies, while allowing others to proceed.
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M.D. Fla.·
2020-05-07
The court held that individual defendants are not subject to suit under Title II of the ADA, and that the plaintiff failed to sufficiently allege deliberate indifference to a serious medical need under the Eighth Amendment to overcome qualified immunity.
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The court held that the plaintiff sufficiently alleged standing and stated a claim under the FCRA, but deferred ruling on personal jurisdiction due to its entanglement with the merits of the case.
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The court granted plaintiffs' motions to strike defendants' affirmative defenses and dismiss their counterclaims, finding the defenses too confusing and the counterclaims to be shotgun pleadings, but granted leave to amend.
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The Court granted in part and denied in part the defendants' motion to dismiss. The Court denied the motion as to the post-effective date breach of contract claim (Count IV) and the cooperation claims (Counts II and III), finding that these claims were sufficiently pleaded. Howev
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Plaintiff Watkins sued police officers under 42 U.S.C. § 1983 for alleged Fourth and First Amendment violations stemming from his involuntary psychiatric detention under Florida's Baker Act after he sang an anti-gay reggae song in a public park. The district court denied the offi
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The Court of Chancery granted in part the motion to dismiss filed by defendants Chrysalis Ventures II, L.P. and David A. Jones, Jr. The court held that the plaintiffs failed to adequately allege that Chrysalis and Jones were part of a "control group" with Francisco Partners, and
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The court held that the defendants' motions to dismiss were denied because the claims were not clearly time-barred, the commercial bribery statute was not shown to be invalid, and personal jurisdiction over one defendant was established.
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A Florida dog racing industry group and business owners challenged a constitutional amendment (Amendment 13) prohibiting commercial dog racing with wagering as violating the Takings Clause, Equal Protection Clause, Contracts Clause, and Due Process Clause. The court found it had
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M.D. Fla.·
2020-04-23
Spigot, Inc. and two foreign companies sued Jeremy Hoggatt and his company Mediavo for misappropriating trade secrets (including a pricing model, software, and business strategies) related to a digital advertising business the plaintiffs had purchased from Adknowledge in 2016, al
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The court held that the Relator's complaint failed to plead fraud with the particularity required by Rule 9(b) for violations of the Federal and Florida False Claims Acts.
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The court granted in part and denied in part the defendants' motions to dismiss, dismissing the negligent misrepresentation and intentional infliction of emotional distress claims for failure to plead with particularity and outrageous conduct, respectively, while allowing the bre
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The court held that the First Amended Complaint filed by HPD Advisors was improper because HPD failed to properly substitute or intervene as a party, and thus the complaint was stricken.
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M.D. Fla.·
2020-04-15
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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S.D. Fla.·
2020-04-14
The court held that the plaintiffs have pled sufficient facts to withstand a motion to dismiss for securities fraud, as some of the alleged statements were not protected by the PSLRA safe harbor and were sufficiently pled as material misrepresentations or omissions made with scie
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The court held that the complaint failed to state a plausible claim for retrospective premiums or unjust enrichment due to insufficient factual allegations and potential statute of limitations issues.
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M.D. Fla.·
2020-04-13
The court held that the defendant's motion to dismiss the False Claims Act and Florida False Claims Act claims should be denied because the relator sufficiently pleaded the allegations with particularity required by Rule 9(b).
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The court held that the plaintiff failed to state claims for freedom of religion, conditions of confinement, return of personal property, and threatening comments, but may amend his access-to-courts claim.
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Del. Super. Ct.·
2020-04-07
The court held that Firmenich's amended complaint sufficiently distinguishes its fraudulent inducement claim from its breach of contract claim by pleading rescissory damages, and therefore denies the motion to dismiss the fraud claim. The court also affirmed that pleading claims
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M.D. Fla.·
2020-04-06
The court held that the plaintiff sufficiently alleged a Fourth Amendment seizure when bitten by a police dog, but dismissed the Fourteenth Amendment claim as it was either duplicative or failed to meet the conscience-shocking standard.
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M.D. Fla.·
2020-04-02
The court held that claims against deputies were dismissed as shotgun pleading, certain claims against the Sheriff were dismissed for lack of private right of action or capacity, but the Section 1983 claim against the Sheriff for a custom of excessive force could proceed.
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The court held that allegations concerning a non-party are relevant if they explain the discovery of misconduct, and that claims for unjust enrichment and promissory estoppel are not premature when the defendant denies the existence of an express contract.
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M.D. Fla.·
2020-03-27
The court held that a plausible claim for gross negligence was stated, but the FDUTPA claim was barred by statutory exemption for insurance companies.
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The court held that the amended complaint failed to state sufficient factual allegations for FLSA claims and that state law claims would be dismissed for lack of jurisdiction after federal claims were dismissed.
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M.D. Fla.·
2020-03-23
The court held that the plaintiff, as an assignee, lacked standing because the insurance policy's anti-assignment clause prohibited the assignment, and the post-loss exception did not apply to this type of policy.
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M.D. Fla.·
2020-03-12
The court held that the amended complaint failed to state a plausible claim for direct patent infringement because it did not tie the accused product's operation to specific claim elements, and thus, the induced and contributory infringement claims also failed.
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The court held that claims against defendants in their official capacities fail to state a claim under Monell, but granted leave to amend. The court also granted the motion for a more definite statement, requiring the plaintiff to file an amended complaint with numbered paragraph
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Argos Global Partner Services LLC and its subsidiaries sued Fabio Ciuchini, Argos GPS North America, and Cosmo Global Lux SARL for trademark infringement, breach of contract, tortious interference, and other claims arising from a dispute among competing Argos-branded companies. T
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M.D. Fla.·
2020-03-10
The court held that the plaintiff's Florida Consumer Collection Practices Act claims against W.S. Badcock Corporation were preempted by the Fair Credit Reporting Act because the claims were based on furnishing inaccurate information to a credit reporting agency, not on separate d
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M.D. Fla.·
2020-03-04
The court held that the plaintiff's claims for violation of due process and the Fair Housing Act were properly dismissed because they failed to state a plausible claim or were untimely, while the takings claim would proceed.
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S.D. Fla.·
2020-03-04
The court held that the plaintiff lacked standing to bring breach of warranty claims due to failure to allege injury, and that claims for breach of express and implied warranty, and unjust enrichment were otherwise deficient. The court deferred ruling on injunctive and declarator
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M.D. Fla.·
2020-03-03
The court held that plaintiffs adequately alleged Article III standing and stated a plausible claim for violation of ERISA and COBRA notice requirements, thus denying the motion to dismiss.
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The Court denied the defendants' motion to dismiss the fraud and breach of contract claims. The Court found that the fraud claim was sufficiently pleaded with particularity regarding the circumstances of the alleged fraud, and that the damages for fraud were distinct from contrac
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The court held that the plaintiff's complaint plausibly alleged sufficient facts to survive a motion to dismiss, denying the defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
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M.D. Fla.·
2020-02-27
The court denied the motion to dismiss, finding the third-party complaint sufficiently pleaded claims for breach of contract, alter ego liability, and breach of the May 2012 Agreement, and that factual disputes precluded dismissal based on the settlement agreement.
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The Delaware Court of Chancery held that a squeeze-out merger by a controlling stockholder did not satisfy the MFW standard for business judgment review because three of the four members of the Special Committee had a material self-interest in the transaction, stemming from poten
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The court held that the plaintiff's allegations of actual knowledge were sufficient to survive a motion to dismiss under federal pleading standards.
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Del. Ch.·
2020-02-25
The Court of Chancery denied the motion to dismiss with respect to the individual defendants, finding that the plaintiff adequately pleaded claims for breach of fiduciary duties related to disclosure, coercion, and interestedness in a self-tender offer. However, the motion to dis
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M.D. Fla.·
2020-02-24
The court held that the plaintiff's allegations sufficiently stated a claim for deliberate indifference to serious medical needs, but claims against Warden Lockett were dismissed. The court also granted the plaintiff leave to amend his complaint to pursue a Federal Tort Claims Ac
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M.D. Fla.·
2020-02-24
The court held that plaintiff failed to state a claim for violation of due process rights, as he had no constitutionally protected property interest in a job assignment or grievance procedure, and that the FLSA does not apply to civilly committed individuals.
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M.D. Fla.·
2020-02-21
The court held that the amended complaint was a shotgun pleading and failed to meet the particularity requirements of Rule 9(b) for fraud allegations.
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M.D. Fla.·
2020-02-20
The court held that the plaintiff failed to state claims for relief under various constitutional amendments and statutes due to vague allegations, failure to meet legal standards, and statutory limitations.
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A party cannot obtain a traditional injunction without asserting an independent cause of action.
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M.D. Fla.·
2020-02-14
The court held that the plaintiff sufficiently alleged claims for RESPA violations, negligence, and equitable accounting, thus denying the defendant's motion to dismiss.
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Catano, a beneficiary of a deceased's estate, sued Capuano (the deceased's estranged wife) alleging civil theft, constructive fraud, conversion, breach of fiduciary duty, and conspiracy to embezzle estate assets. The court granted in part and denied in part Capuano's motion to di