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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935 F.3d 1228·
11th Cir.·
2019-08-27
·cited 26×
The court held that the credit union's account agreements were ambiguous regarding the balance calculation method for overdraft fees, allowing the plaintiff's breach of contract claim to proceed.
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912 F. Supp. 1549·
S.D. Fla.·
1996-01-16
·cited 26×
The court held that individual defendants cannot be sued under Title VII, but claims for battery and intentional infliction of emotional distress against employers and supervisors may proceed under certain circumstances.
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850 F.2d 558·
9th Cir.·
1988-06-28
·cited 26×
The court held that the United States is immune from liability under the Flood Control Act of 1928, 33 U.S.C. § 702c, for injuries sustained by a recreational user of a federal flood control project, even if the injury is related to the recreational use and not a direct flood eve
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The court held that the plaintiff stated a valid claim under the Eighth Amendment for deliberate indifference to serious medical needs and that her conditions of confinement claim was prematurely dismissed.
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812 F.2d 81·
3d Cir.·
1987-01-30
·cited 26×
The court affirmed the grant of summary judgment, holding that plaintiffs failed to establish genuine issues of material fact for intentional infliction of emotional distress, either from fear of future illness or from observing family members' gradual decline and death.
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The court held that while Wade's pre-termination hearing was constitutionally sufficient, his post-termination hearing claim requires further factual determination. Other appellants' claims were dismissed for failure to establish cognizable property or liberty interests.
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The court held that the 1976 amendment to La.Rev.Stat.Ann. § 23:1032 does not bar claims where exposure predates the amendment but manifestation/diagnosis occurs after, and that manufacturers cannot seek indemnity from executive officers for active fault.
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The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
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The court held that the district court properly dismissed the pro se complaints without prejudice under Rule 12(b)(6).
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The court held that Georgia's bifurcated statute of limitations, § 3-704, applies to employment discrimination claims under both 42 U.S.C. § 1981 and § 1983, barring back pay claims but not equitable relief. The court also reversed dismissal of the Title VII claim, remanding for
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The prosecution of a lawsuit, even if without probable cause and for an anticompetitive purpose, is protected by the First Amendment and immune from antitrust attack.
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634 F.2d 368·
8th Cir.·
1980-08-06
·cited 26×
The court held that pendent jurisdiction existed for the state unfair competition claim against the banks, and that federal law did not preempt the state law in this instance.
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The court held that a custodial transfer of stock accounts between brokers, without a change in ownership or control, does not constitute a "sale" under Rule 10b-5, and that NYSE Rule 412 does not create an implied private federal right of action.
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584 F.2d 1345·
4th Cir.·
1978-10-05
·cited 26×
A single, incredible threat by a correctional officer and subsequent administrative reassignment do not state a claim of constitutional magnitude.
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582 F.2d 1291·
4th Cir.·
1978-08-16
·cited 26×
The dissenting judge believes the majority erred in finding a § 1983 claim for deliberate indifference to serious medical needs and in creating a broad federal remedy under the Fifth Amendment.
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The court held that the district court erred in dismissing the action and granting summary judgment, as the fire-hire policy was intertwined with the major dispute regarding crew complement, necessitating a status quo injunction.
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462 F.2d 1256·
8th Cir.·
1972-06-30
·cited 26×
The court held that the amended complaint sufficiently stated claims under Sections 1 and 2 of the Sherman Act and did not present an insuperable bar to relief, thus it should not have been dismissed.
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The court denied the defendants' motion to dismiss or for summary judgment, finding genuine issues of material fact regarding conversion claims.
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The court held that the amended complaint sufficiently alleged a pattern of racketeering activity under 18 U.S.C. § 1962(c) and (d) by alleging a 19-month scheme of mail fraud.
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The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
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827 F.2d 1102·
6th Cir.·
1987-09-02
·cited 25×
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the official defendants because their actions did not deprive the decedent of constitutional rights without due process of law. The court affirmed the dismissal of the complaint.
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The court held that claims arising out of assault or battery by a government employee are barred by the FTCA's intentional tort exception, 28 U.S.C. § 2680(h), even if pleaded as negligence, and that the plaintiffs' resistance negated any claim of consent.
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A nursing home's receipt of state funding and regulation, without more, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
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748 F.2d 774·
2d Cir.·
1984-11-15
·cited 25×
The court held that the district court erred in dismissing claims against Merrill Lynch Commodities Inc. because Merrill, acting as the seller's FCM, breached its duty by certifying the EFP without inquiring into the seller's possession of the commodity, and that the dismissal of
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Prosecutors are absolutely immune from damages liability for actions taken within the scope of their prosecutorial duties, and the State is immune from suit under the Eleventh Amendment.
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721 F.2d 894·
3d Cir.·
1983-10-26
·cited 25×
A federal court sitting in diversity under Pennsylvania law may recognize a cause of action for wrongful discharge when an employer terminates an employee for refusing to participate in political lobbying, as this implicates a clear mandate of public policy derived from constitut
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Summary dismissal of a civil rights action challenging police hair grooming regulations was improper because the department failed to demonstrate a legitimate state interest justifying the restriction on personal liberty.
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The court held that the plaintiff's motion to amend his complaint to add federal claims under 18 U.S.C. § 2511 and 42 U.S.C. §§ 1981, 1985 was properly denied due to insufficient allegations, but vacated the grant of summary judgment on the state-law libel claim, finding genuine
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The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
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The court held that the amended complaint failed to comply with Rule 9(b)'s heightened pleading standards for fraud, but that sanctions under Rule 11 were improperly awarded because the plaintiff had leave to replead and the amended complaint, while insufficient, was not patently
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Sundance has standing to seek injunctive relief under HOLA because its injury is a foreseeable consequence of the alleged illegal loan, but it lacks standing to seek damages due to the indirect nature of its injury.
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A village's motion for summary judgment was affirmed due to the plaintiff's failure to comply with statutory notice requirements, but the dismissal of claims against the Floater's Association members was reversed, as their control over the river and adjacent property could establ
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The court held that the complaint sufficiently pleaded the elements of a witness intimidation claim under 42 U.S.C. § 1985(2) and that material factual issues precluded summary judgment.
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The court held that the district court erred in denying the motion to remand because the co-defendant was not fraudulently joined, and therefore, diversity jurisdiction was absent.
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631 F.2d 1210·
5th Cir.·
1980-12-04
·cited 24×
The court held that while the dismissal of the Joint Area Committee and individual employees was proper, the dismissal of the main claims against the employer and union for failure to exhaust remedies was erroneous, as futility was sufficiently alleged and the dismissal for being
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586 F.2d 888·
1st Cir.·
1978-11-21
·cited 24×
The court held that federal jurisdiction under ERISA's civil enforcement section (29 U.S.C. § 1132) is precluded for causes of action that arose or acts/omissions that occurred before January 1, 1975, due to the interaction with 29 U.S.C. § 1144.
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A claim for sex discrimination requires either facial discrimination or discriminatory effects; allegations of discriminatory intent alone are insufficient if the conduct is otherwise gender-neutral.
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491 F.2d 510·
4th Cir.·
1974-02-05
·cited 24×
The court held that the district court erred by dismissing the action without providing the plaintiff reasonable opportunity for discovery when the motion to dismiss was converted to a motion for summary judgment.
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The court held that the plaintiff plausibly alleged breach of contract and breach of the covenant of good faith and fair dealing regarding the university's failure to provide promised faculty support for dissertation completion, but not regarding the claim that the program was im
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36 F.4th 1100·
11th Cir.·
2022-06-08
·cited 23×
The Georgia Association of Latino Elected Officials and other voter advocacy organizations challenged Georgia's failure to provide bilingual voting materials in Gwinnett County during the 2020 election under Sections 203 and 4(e) of the Voting Rights Act. The Eleventh Circuit hel
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944 F. Supp. 1538·
S.D. Fla.·
1996-07-18
·cited 23×
The court held that the defendant failed to demonstrate a probable right to possession of the disputed equipment, thus denying the motion for a prejudgment writ of replevin.
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The court held that an employee discharged for reporting a fire hazard contravened a clearly mandated public policy under Illinois law, sufficient to support a retaliatory discharge claim.
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The court held that Ford's motion for a new trial was valid, granting jurisdiction over the later appeals, and that the 1970 divestiture order did not require Ford to divest the 'Ghosted GT' tradename, thus dismissing Altran's RICO counterclaim.
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The dissenting judge argues that the majority erred in excusing deficient pleadings and the failure to seek leave to amend, asserting that civil rights claims require specific factual allegations tying defendants to the alleged deprivations.
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The court held that a bank can be both the 'person' and the 'enterprise' under RICO § 1962(a), and that the denial of punitive damages and attorney's fees for breach of fiduciary duty requires a remand for further findings.
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749 F.2d 154·
3d Cir.·
1984-11-23
·cited 23×
The court held that exhibiting copyrighted films in private booths within a business open to the public constitutes an unauthorized public performance and copyright infringement, and that the first sale doctrine does not apply to shield such activity.
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689 F.2d 281·
1st Cir.·
1982-09-22
·cited 23×
The court held that Freda Smith lacked standing to sue as next friend for LSS residents, but the Developmental Disabilities Advocacy Center (DDAC) did have standing to assert its First Amendment organizational rights regarding communication with residents. The case is remanded fo
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The court held that the district court properly dismissed the plaintiff's claims for failure to state a claim and denied leave to amend, as the mandamus claim was legally impossible and the civil rights claims lacked factual allegations of racial discrimination.
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A teacher's transfer to a different grade level, even without loss of salary or benefits, can constitute unlawful sex discrimination under Title VII if it adversely affects her employment status or opportunities. Claims under 42 U.S.C. § 1983 for damages require an allegation of
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The court held that while some claims were dismissed without prejudice, allowing amendment, others were dismissed with prejudice, and punitive damages and attorney's fees were not recoverable under maritime law as pleaded.