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.·
2020-02-04
Homeowners sought to pay off their mortgage after receiving conflicting payoff quotes that included amounts allegedly not authorized by the foreclosure judgment, and they sued the lender PNC Bank and its attorney ALAW under Florida's Consumer Collection Practices Act (FCCPA) and
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Del. Ch.·
2020-01-31
The Court of Chancery denied the defendants' motion to dismiss the breach of contract claim against the General Partner (PAA GP LLC) but granted the motion as to all other claims and defendants. The court found that while the LP Agreement did not impose freestanding contractual d
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M.D. Fla.·
2020-01-31
The court held that the debt collection letter's language was not a false, deceptive, or misleading representation under the FDCPA, and the claim under § 1692f was based on the same conduct as the § 1692e claim.
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M.D. Fla.·
2020-01-30
The court held that while a promotion denial can be part of a sexual harassment claim, the plaintiff failed to administratively exhaust this specific claim with the EEOC. However, the court declined to strike the allegations as they provided useful background.
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M.D. Fla.·
2020-01-29
The court held that claims against Circustrix Holdings, LLC were dismissed with prejudice for insufficient pleading, and certain claims against 2Infinity Florida, LLC were dismissed with prejudice for failing to state a claim or being improperly pleaded as a separate cause of act
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M.D. Fla.·
2020-01-29
The court denied the defendant's motion to dismiss, finding the plaintiff sufficiently alleged claims under the TCPA for violations related to autodialed calls and calls to numbers on the National Do Not Call Registry.
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The Court denied in part and granted in part the defendants' motion to dismiss. The Court found that the plaintiffs sufficiently pleaded claims for breach of contract and fraud in connection with the solicitation of equity for the SFP acquisition, and that the statute of limitati
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M.D. Fla.·
2020-01-28
The court held that the plaintiff failed to state a claim for violations of the Florida Consumer Collection Practices Act, rescission based on fraud, and the Racketeer Influenced and Corrupt Organizations Act, dismissing these counts without prejudice.
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S.D. Fla.·
2020-01-24
The court held that the plaintiff's slander of credit claim is not preempted by the FCRA because the FCRA's definition of 'consumer' applies only to individuals, not corporations. The court also held that the plaintiff sufficiently alleged the elements for malicious prosecution,
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M.D. Fla.·
2020-01-22
The court held that an assignment of insurance benefits was valid despite challenges to the underlying work authorization and the property's homestead status, as the assignment was not invalidated by the cited legal arguments.
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M.D. Fla.·
2020-01-21
The court held that the plaintiffs sufficiently alleged a disparate impact claim under the ADEA, but failed to state a claim for disparate treatment. The court granted the motion to dismiss the disparate treatment claim without prejudice and granted the motion for substitution.
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The court held that the plaintiff's claims for racial discrimination and age discrimination failed to state a claim upon which relief could be granted.
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Florida law does not require insurers to specifically disclose that insureds are entitled to reimbursement for medical mileage expenses under a Personal Injury Protection policy.
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The court denied the motion for reconsideration of its choice-of-law ruling and denied the motion to dismiss the breach of fiduciary duty claim, finding it was not a premature bad faith claim and that a fiduciary duty may exist in this context.
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An assignee of insurance benefits has a common-law right to sue for breach of contract, and the issue of adequate consideration for the assignment cannot be resolved at the motion to dismiss stage.
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The court held that the plaintiff inmate failed to state a claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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The court held that the plaintiff inmate failed to state a plausible claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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The court held that the amended complaint constituted an impermissible shotgun pleading and that the third-party beneficiary claim failed because the contract expressly disclaimed intent to benefit third parties.
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M.D. Fla.·
2020-01-10
The court held that the counterclaim-plaintiff sufficiently alleged civil conspiracy and that counterclaims against a third-party are permissible if also asserted against an original party.
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M.D. Fla.·
2020-01-08
The court held that the complaint, which lumped direct, induced, and contributory patent infringement claims into a single count, constituted an improper shotgun pleading and was dismissed without prejudice.
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The court held that a plaintiff cannot recover for trafficking in confiscated property if the alleged trafficking occurred after the plaintiff's property interest in that property had expired.
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The court held that the plaintiff's Third Amended Complaint failed to state a claim and lacked standing for all counts, warranting dismissal with prejudice.
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S.D. Fla.·
2020-01-03
The court held that the complaint was a shotgun pleading and that the plaintiff failed to state claims for breach of assignment, wrongful payment, and violation of UCC § 9-406.
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S.D. Fla.·
2020-01-03
A plaintiff's claim under Title III of the LIBERTAD Act for trafficking in confiscated property is limited to the duration of their original property interest, and does not extend to activities occurring after that interest expired.
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The court held that the Fort Myers Police Department is not a legal entity capable of being sued and granted dismissal, but allowed the plaintiff to amend the complaint to name a proper party.
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The court held that 18 U.S.C. § 3509(d) does not create a federal right enforceable under 42 U.S.C. § 1983 and does not impose a statutory duty for state law negligence claims, leading to dismissal of those claims.
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M.D. Fla.·
2019-12-19
The court held that the plaintiff failed to sufficiently plead claims for tortious interference with an expectancy and breach of a third-party beneficiary contract.
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M.D. Fla.·
2019-12-19
The court held that the Rooker-Feldman doctrine barred claims seeking review of a state court judgment, and negligence claims failed for lack of a duty of care because the defendant did not own the property at the time of the alleged incident.
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A state law medical malpractice claim is not cognizable in federal court and does not confer subject matter jurisdiction.
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The court granted the defendants' motion to dismiss Count V, finding that the plaintiff's report of a workplace injury was not a statutorily protected activity under Florida law.
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The court granted in part and denied in part the motion to dismiss, dismissing the declaratory judgment claim but denying dismissal of the breach of contract claim at this stage.
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M.D. Fla.·
2019-12-12
Under Virginia law, tort claims arising from an attorney-client relationship are subsumed by a breach of contract claim for professional malpractice, unless based on an independent duty. Claims for breach of fiduciary duty, negligent misrepresentation, fraud, fraud in the inducem
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M.D. Fla.·
2019-12-11
The court held that the crossclaim sufficiently stated a claim for common law indemnification and that the doctrine of forum non conveniens did not apply.
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An agent is not personally liable for corporate negligence unless the plaintiff pleads facts showing the agent's active negligence or personal fault in the tortious conduct.
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The court held that the plaintiffs failed to sufficiently plead claims for negligent supervision/training and violation of 42 U.S.C. § 1983, even after multiple opportunities to amend their complaint.
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M.D. Fla.·
2019-12-04
The court held that a motion to strike is not applicable to a motion to dismiss or for summary judgment, and that a motion for summary judgment filed before adequate discovery is premature and should be denied without prejudice.
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S.D. Fla.·
2019-12-02
The court granted the motion to dismiss, finding the amended complaint to be an improper shotgun pleading and that the defendants were entitled to qualified immunity.
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The court denied the motion to dismiss, finding the plaintiff's allegations sufficient to state a claim for failure to protect under the Fourteenth Amendment and negligence, and that pre-suit notice requirements were adequately pleaded.
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The court held that the plaintiff's Title VII claim was dismissed for failure to exhaust administrative remedies, and the Title VI claim was dismissed for failing to state a plausible claim, but with leave to amend.
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M.D. Fla.·
2019-11-22
The court held that the plaintiff's amended complaint failed to state a plausible claim for relief against the defendants and dismissed it without prejudice, with specific dismissals with prejudice for certain parties.
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M.D. Fla.·
2019-11-22
The court held that Plaintiff's claim for illegal detention against Officer Solakian fails because Plaintiff did not submit to authority, and that claims for failure to intervene against Officers Solakian and Belcher survive the motion to dismiss as they meet notice pleading requ
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S.D. Fla.·
2019-11-20
The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
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A breach of contract claim does not require pleading with particularity and a plaintiff is not required to attach the contract to the complaint in federal court.
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The court held that a Title VII claim in an amended complaint does not relate back to an initial state court complaint if the defendant never received notice of the initial complaint's filing.
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S.D. Fla.·
2019-11-13
The court held that it lacked diversity jurisdiction due to the LLC's citizenship being tied to its members, and that while federal question jurisdiction existed for one claim, supplemental jurisdiction over state law claims was declined as they predominated.
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M.D. Fla.·
2019-11-13
The court held that the plaintiff's complaint sufficiently alleged facts to state a plausible claim for unpaid overtime under the Fair Labor Standards Act, thus surviving the defendant's motion to dismiss.
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M.D. Fla.·
2019-11-12
The court held that most of the plaintiff's claims were barred by the compulsory counterclaim rule or collateral estoppel, but granted leave to amend the Fair Credit Reporting Act claim.
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M.D. Fla.·
2019-11-08
The court held that a claim for breach of the implied covenant of good faith and fair dealing is not recognized under Florida law and must be brought as a statutory bad faith claim, which is premature until underlying liability is established. The court also held that a claim for
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M.D. Fla.·
2019-11-05
The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2019-11-04
The court held that the defendants' motion to dismiss should be denied because the plaintiffs adequately pleaded securities fraud under Section 10(b) and Rule 10b-5, and the alleged statements were not mere puffery.