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.·
2019-10-31
The court held that the defendants failed to establish exigent circumstances to justify a warrantless entry into the plaintiff's home, thus denying their motion to dismiss based on qualified immunity for the Fourth Amendment claims.
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M.D. Fla.·
2019-10-31
A qui tam False Claims Act action filed by the United States against Doctor's Choice Home Care, Inc., alleging that the company submitted false Medicare claims for home health services funded through illegal kickbacks to physicians who referred patients and through prohibited fin
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M.D. Fla.·
2019-10-31
The court held that the plaintiff's excessive force claim under the Fourth Amendment survives a motion to dismiss, but the Eighth Amendment claim is dismissed.
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The Court dismissed the case without prejudice for lack of subject matter jurisdiction because the plaintiff failed to allege a basis for federal jurisdiction.
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The court held that the plaintiff failed to state a claim under the Eighth Amendment, Fourteenth Amendment, or for denial of access to courts, and thus the complaint was dismissed.
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Del. Ch.·
2019-10-30
The Court denied Allergan's motion to dismiss, finding that the seller's representative, Fortis, adequately pleaded a breach of contract claim based on the plain meaning of the merger agreement and the FDA authorization. The Court also found that Fortis sufficiently alleged facts
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M.D. Fla.·
2019-10-30
The court held that the defendant's counterclaims were not barred by the release agreement due to undeveloped facts regarding its voluntariness, and that dismissal for failure to exhaust administrative remedies was denied as the record was insufficient to determine timeliness or
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Del. Super. Ct.·
2019-10-29
The Court granted in part and denied in part the defendants' motion to dismiss. The fraud claim was dismissed due to insufficient distinct damages, but the breach of contract claim survived due to factual questions regarding compliance with notice provisions. The unjust enrichmen
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The court held that it lacked personal jurisdiction over Penn National because the plaintiff failed to establish an agency relationship with Everi or that Everi committed a tortious act.
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M.D. Fla.·
2019-10-25
The court held that the plaintiff failed to allege facts sufficient to state a claim for a substantive due process violation under 42 U.S.C. § 1983, as the alleged conduct did not rise to the level of "conscience-shocking."
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The court granted the motion to dismiss the City's counterclaim for equitable accounting, finding it failed to state a claim, but granted leave to amend.
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The court held that the defendants' negligence claim was barred by the maritime Economic Loss Rule due to contractual privity, and their unjust enrichment claim failed because it alleged the existence of an express contract.
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M.D. Fla.·
2019-10-11
The court held that a claim for negligence based on the accidental discharge of a firearm is a viable cause of action under Florida law, even when pleaded in the alternative to an intentional tort claim.
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The Court of Chancery should deny the defendant's motion to dismiss because the plaintiff has sufficiently pleaded a claim for specific performance and damages. The agreement contains a definite price term through its appraisal mechanism, and the appraisal process was not a condi
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S.D. Fla.·
2019-10-08
The court held that the plaintiff has statutory standing for its Lanham Act claim and that the alleged statements are actionable, but dismissed the declaratory judgment claim as seeking an impermissible advisory opinion.
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The court held that Florida Statute § 626.9743(5) provides a non-exhaustive definition for actual cash value (ACV) in insurance policies, and therefore, the failure to include title and tag transfer fees in an ACV payout may state a plausible breach of contract claim.
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A prisoner does not have a constitutionally protected liberty interest in an inmate grievance procedure, and therefore, a claim under 42 U.S.C. § 1983 based on the denial or handling of such a grievance fails to state a claim upon which relief can be granted.
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N.D. Fla.·
2019-09-30
A nonverbal autistic child enrolled in a special education program at a public school in Florida suffered physical and verbal abuse by his special education teacher over two years while school administrators received multiple reports of the abuse but failed to intervene, investig
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The court granted dismissal for Defendant Morales on all claims and for Defendant Stewart on the Fourteenth Amendment and retaliation claims, but denied dismissal for Stewart on the First Amendment Free Exercise claim.
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A grand jury witness has absolute immunity from a § 1983 claim based on their testimony, even if false.
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The court held that plaintiffs adequately stated a claim for failure to accommodate under the Fair Housing Act, but dismissed the Florida Fair Housing Act claim for failure to exhaust administrative remedies.
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S.D. Fla.·
2019-09-20
The court held that the defendant failed to meet its burden to dismiss the case on forum non conveniens grounds, and that the plaintiff has standing to bring its claims.
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The court held that the plaintiff's complaint sufficiently alleged a policy or custom of deliberate indifference by Wexford Health Sources, Inc., thus denying Wexford's motion to dismiss. However, the court dismissed the complaint against Defendant Martorna for failure to state a
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The court held that a declaratory judgment claim is not subject to dismissal for duplication with a breach of contract claim at the motion to dismiss stage, especially when the defendant fails to demonstrate that the breach of contract claim will provide full and adequate relief.
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M.D. Fla.·
2019-09-18
The court held that the plaintiff's allegations sufficiently stated a plausible claim for false representation under the FDCPA, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2019-09-13
The court held that while the plaintiff had standing, her complaint failed to state a claim under Title III of the ADA and the Florida Declaratory Judgment Act due to unsubstantiated allegations and inapplicability of the state statute.
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The court held that the plaintiffs' claims for relief from a state court order and for bad faith were premature and unripe, warranting dismissal without prejudice.
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The court granted in part the motion to dismiss, dismissing Counts II and III with prejudice for shotgun pleading, Count I with leave to amend for shotgun pleading, and Count IV without prejudice for failure to state a claim under FDUTPA due to statutory exclusion.
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M.D. Fla.·
2019-09-11
The court held that the plaintiff failed to exhaust administrative remedies for most claims and failed to state a constitutional claim against the remaining defendant.
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The court held that the defendant's motion to dismiss the plaintiff's second amended complaint should be denied because the plaintiff sufficiently pleaded plausible claims for relief under Title VII, ADEA, FCRA, and FMLA.
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The court held that the plaintiff, a civilly committed individual, lacked standing and that the Fair Labor Standards Act does not apply to individuals civilly confined under Florida's SVP Act.
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The court held that the complaint failed to state a claim upon which relief could be granted because it did not adequately differentiate defendants' conduct and failed to allege actual injury for certain claims.
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M.D. Fla.·
2019-08-28
The court held that the plaintiffs' second amended complaint failed to state a claim for relief under the FDCPA, FCCPA, and negligent misrepresentation due to insufficient pleading, but granted leave to amend.
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The court held that the lawful travel exception to trafficking under the Helms-Burton Act is an affirmative defense, and that the plaintiff sufficiently alleged ownership of a claim to the confiscated property, even if based on stock ownership in a corporation that owned the prop
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The court held that the plaintiff stated plausible claims for First Amendment retaliation and Fourteenth Amendment equal protection, but not for Eighth Amendment prison conditions or Fourteenth Amendment due process.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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S.D. Fla.·
2019-08-23
The court held that neither Village Square nor LH are debt collectors under the FDCPA, and the FCCPA and breach of contract claims were insufficiently pleaded.
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M.D. Fla.·
2019-08-21
The court held that tort claims arising from an attorney-client relationship are subsumed by contract-based legal malpractice claims under Virginia law, and that a civil conspiracy claim fails due to intracorporate immunity.
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M.D. Fla.·
2019-08-21
The court abstained from deciding the dissolution claim and dismissed the breach of fiduciary duty and declaratory judgment claims without prejudice, finding insufficient allegations to overcome the business judgment rule or exculpatory clauses at the dismissal stage.
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M.D. Fla.·
2019-08-21
The Court grants defendants' motions to dismiss, finding the plaintiff's allegations insufficient to state a plausible claim for relief under federal or state law.
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M.D. Fla.·
2019-08-20
The court held that the defendants' motions to dismiss the plaintiffs' claims for false advertising, contributory false advertising, and violation of Florida's Deceptive and Unfair Trade Practices Act were due to be denied.
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The court held that denying a prisoner's preferred medication, when other treatment was provided and medical judgment differed, does not constitute deliberate indifference to a serious medical need under the Eighth Amendment.
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M.D. Fla.·
2019-08-16
The court held that the amended complaint sufficiently alleged that the individual defendant acted as an employer under the FLSA, thus denying his motion to dismiss and for a more definite statement.
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The Court granted the motion to dismiss because the complaint was a shotgun pleading, failing to provide adequate notice of the claims.
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Del. Ch.·
2019-07-18
The Delaware Court of Chancery granted in part and denied in part motions to dismiss. The court granted dismissal for claims of negligent misrepresentation and certain aiding and abetting claims. It denied dismissal for claims of breach of fiduciary duty and common law fraud agai
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The court held that oral representations regarding loan repayment terms are barred by Florida's Banking Statute of Frauds, and that the plaintiff failed to adequately plead damages for her claims.
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The Court of Chancery denied the defendant's motion to dismiss the plaintiff's complaint, finding that the plaintiff stated reasonably conceivable claims for breach of an oral settlement agreement, breach of the lease agreement, and anticipatory breach of the lease. The court hel
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Punitive damages are available for intentional torts under strict vicarious liability, but not for negligence claims absent proof of the defendant's actual knowledge of the wrongfulness of the conduct.
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The court denied the motions to dismiss filed by GRS, SAV, and Varitikias, finding that plaintiffs sufficiently alleged negligence under Restatement (Second) of Torts § 324A(c) based on reliance on a property assessment. The court granted Keycorp and Keybank National Association'
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Del. Ch.·
2019-04-25
The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. Claims related to the "Founder's Shares" were dismissed as barred by laches due to the plaintiff's unreasonable delay and lack of vigilance. Claims related to the "Forman Options" based on