Rule 12(B)(6) Motion To Dismiss

1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort

• In & for New Castle Cnty. Ezequiel Gutierrez
  Del. Super. Ct.· 2015-07-14
  The court held that the plaintiff failed to state a claim for gross negligence against the school district because the allegations did not overcome the sovereign immunity provided by the Delaware State Tort Claims Act (DSTCA). The court found that the plaintiff did not sufficient
• IN & FOR NEW Castle Cnty. Dale Peterson & Regina Peterson v. State of Del.
  Del. Super. Ct.· 2015-07-09 ·via Rule 12(B)(6)
  The Delaware Superior Court granted the defendant's motion to dismiss in part, finding that the plaintiff's wife lacked standing, the claims under 18 Del. C. § 2304(16) were not actionable, the claims for punitive damages and attorney's fees failed due to a lack of bad faith, and
• CMS Inv. Holdings, LLC v. Castle
  Del. Ch.· 2015-06-23 ·via Rule 12(B)(6) Standard
  The Court largely denied defendants' motions to dismiss, finding that plaintiff stated claims for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, civil
• In re Checking Account Overdraft Litigation
  261 F.R.D. 13· S.D. Fla.· 2015-06-08
  The court held that the plaintiffs' motion for class certification should be granted because the proposed class meets the requirements of Rule 23, including ascertainability, numerosity, commonality, and typicality.
• Dyer v. Select Portfolio Servicing, Inc.
  2015 U.S. Dist. LEXIS 72341· M.D. Fla.· 2015-06-04 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that letters sent by a debt collector were not made 'in connection with the collection of any debt' and therefore were not covered by the FDCPA.
• Ryan v. Naren Gursahaney
  Del. Ch.· 2015-04-28
  The Court of Chancery granted the defendants' motion to dismiss the derivative action, finding that the plaintiff failed to plead with particularity that a pre-suit demand on the board of directors would have been futile. The court concluded that the allegations did not create a
• Smith v. ARS Nat'l Servs. Inc.
  M.D. Fla.· 2015-04-20 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiff sufficiently alleged a violation of the FDCPA, and therefore denied the defendant's motion to dismiss.
• Utilipath, LLC v. Baxter McLindon Hayes, JR.
  Del. Ch.· 2015-04-15
  The Court of Chancery denied the defendants' motion to dismiss or stay the plaintiff's complaint. The court held that a non-exclusive forum selection clause in the redemption agreement displaced the McWane first-filed doctrine, that the plaintiff did not violate Court of Chancery
• Arnold v. Heartland Dental, LLC
  2015 U.S. Dist. LEXIS 40340· M.D. Fla.· 2015-03-30 ·via Rule 12(B)(6)
  The court held that while the Florida Civil Rights Act (FCRA) does not protect against discrimination based on sexual orientation, a claim for sex discrimination based on gender nonconformity may proceed at the pleading stage. However, the retaliation claim was dismissed for fail
• United States v. 8 Luxury Vehicles
  M.D. Fla.· 2015-02-26
  Claimants cannot file counterclaims in civil forfeiture proceedings because the property, not the claimant, is the defendant, and the United States has not filed a claim against the claimant.
• Plaintiffs
  Del. Ch.· 2014-12-18 ·via Rule 12(B)(6)
  The Court denied the defendants' motion to dismiss, except for the claim of waste, which was dismissed. The Court also denied the plaintiffs' motion for partial summary judgment. The Court found that personal jurisdiction existed over the individual defendant, Ward Katz, under De
• Benson v. QBE Ins.
  S.D. Fla.· 2014-11-21 ·via Rule 12(B)(6)
  The court held that plaintiffs, though not insureds, sufficiently alleged damages and standing to bring bad faith claims against the insurer under Fla. Stat. § 624.155(1).
• Yucaipa Am. Alliance Fund I, LP
  Del. Ch.· 2014-10-31 ·via Rule 12(B)(6)
  The Court of Chancery partially granted Defendants' motion to dismiss and granted their motion to stay. The court held that a covenant not to sue in the Third Amendment to the Credit Agreement, as interpreted by the Bankruptcy Court and given collateral estoppel effect, bars most
• RAM Mehta AND Neena Mehta v. Smurfit-Stone Container Corp.
  Del. Ch.· 2014-10-20
  The Delaware Court of Chancery dismissed claims related to a company's bankruptcy and subsequent merger, finding they were barred by a bankruptcy court confirmation order and a settlement order releasing all claims. However, a claim for the failure to provide merger consideration
• In re KKR Fin. Holdings LLC S'holder Litig. Consol. C.A. No. 9210-CB
  Del. Ch.· 2014-10-14 ·via Rule 12(B)(6)
  The Delaware Court of Chancery dismissed a consolidated class action complaint alleging breach of fiduciary duties and aiding and abetting. The court held that KKR, despite managing KFN's day-to-day operations, was not a controlling stockholder because it lacked actual control ov
• Cohan v. Marco Island Marina Ass'n
  2014 U.S. Dist. LEXIS 137269· M.D. Fla.· 2014-09-29
  The court held that while the defendant's status as a private club was debatable on the face of the complaint, the plaintiff failed to state a claim under the ADA by alleging only the lack of a pool lift, which is not an explicit requirement.
• Walker v. City of Wilmington
  Del. Ch.· 2014-09-05 ·via Rule 12(B)(6)
  The Court of Chancery granted the City's motion to dismiss. The court found that the plaintiff, Walker, had standing to pursue claims under the Delaware Fair Housing Act (DFHA) as an "aggrieved person" due to his association with the property and his indirect financial injury. Ho
• Cortes v. Honeywell Bldg. Solutions SES Corp.
  S.D. Fla.· 2014-08-12 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiffs' negligence and gross negligence claims were sufficiently pleaded to survive a motion to dismiss, and the FPL Tariff did not bar these claims.
• Neptune v. Whetstone P'rs, LLC
  S.D. Fla.· 2014-07-28
  The court held that the plaintiff's complaint sufficiently alleged violations of the Telephone Consumer Protection Act (TCPA) and the Florida Consumer Collection Practices Act (FCCPA) to survive a motion to dismiss.
• Robbins v. Garrison Prop. & Cas. Ins.
  S.D. Fla.· 2014-07-18
  Personal Injury Protection (PIP) medical benefits are limited to $2,500 unless a qualified medical professional determines the injured person had an emergency medical condition.
• Sec. & Exch. Comm'n v. Spinosa
  S.D. Fla.· 2014-06-30
  The court held that the SEC's amended complaint sufficiently alleged fraud with particularity regarding 'lock letters' and oral confirmations, but not regarding oral misrepresentations of account balances, and granted leave to amend.
• Comvest Cap. II, L.P. v. Selkoe
  Del. Super. Ct.· 2014-06-27 ·via Rule 12(B)(6)
  The court denied Comvest's motion for judgment on the pleadings, finding that material issues of fact remained regarding the application of collateral estoppel and the Bankruptcy Court Sale Order. The court granted Comvest's motion to dismiss Selkoe's counterclaim for breach of c
• Morton v. Rogers
  Del. Ch.· 2014-06-17 ·via Rule 12(B)(6)
  The Court recommends denying the respondents' motion to dismiss, finding it reasonably conceivable that the petitioner can establish a valid contract for specific performance of the real estate sale. The essential terms of the contract, including the property description and pric
• IN & FOR NEW Castle Cnty. Charles Hale & Anne Hale
  Del. Super. Ct.· 2014-05-20 ·via Rule 12(B)(6)
  The court denied the motion to dismiss filed by the Capital School District and Dover High School. The court found that the third-party complaint, incorporating the plaintiffs' allegations, sufficiently pleaded claims of negligence against the school district and high school. Fur
• Hamilton P'rs, L.P.
  Del. Ch.· 2014-05-07 ·via Rule 12(B)(6)
  The Delaware Court of Chancery denied Highland Capital Management, L.P.'s motion to dismiss a breach of fiduciary duty claim, finding sufficient allegations that Highland acted as a controlling stockholder. The court granted Joseph F. Furlong III's motion to dismiss, finding that
• Houseman v. Civil Action No. 8897-VCG Eric S. Sagerman
  Del. Ch.· 2014-04-16
  The court granted in part and denied in part the defendant directors' motion to dismiss and motion for judgment on the pleadings, and granted KeyBanc's motion to dismiss. The court found that the plaintiffs failed to state a claim for breach of fiduciary duty based on the sale of
• Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd.
  M.D. Fla.· 2014-03-06 ·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the Alliance likely would not succeed on its Equal Access Act claim due to Florida's lack of a statutory definition for 'secondary school,' and that the school's rejection of the Alliance's club application was likely permissible under the Hazelwood standard f
• Archer v. Connors
  857 F. Supp. 2d 1269· S.D. Fla.· 2014-02-26 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the statute of limitations for an FDCPA claim based on a deceptive notice served with a foreclosure complaint begins to run from the date of service, not the date of filing.
• Sieger Suarez Architectural P'ship, Inc. v. Arquitectonica Int'l Corp.
  857 F. Supp. 2d 1245· S.D. Fla.· 2014-02-14 ·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the architectural plans were not substantially similar as a matter of law, and therefore, copyright infringement could not be established at the motion to dismiss stage.
• Gelfound v. Metlife Ins.
  857 F. Supp. 2d 1252· S.D. Fla.· 2014-02-14
  The court held that the defendant's motion to dismiss should be denied because the plaintiff sufficiently pled a breach of contract claim and the filed rate doctrine did not bar the claim.
• Vista Mktg., LLC v. Burkett
  858 F. Supp. 2d 1084· M.D. Fla.· 2014-02-13 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the Stored Communications Act does not provide for secondary liability, such as conspiracy claims, and therefore, a conspiracy claim under the SCA fails as a matter of law.
• Est. of Jackson ex rel. Jackson-Platts v. Sandnes
  854 F. Supp. 2d 478· M.D. Fla.· 2014-02-03
  The court granted the motion to dismiss because the complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983, as the alleged conduct by private defendants did not constitute state action and much of the conduct was protected by litigation privilege.
• Smith v. Miami-Dade Cnty.
  S.D. Fla.· 2014-01-17
  The court held that a plaintiff must allege facts showing discriminatory intent for disparate treatment claims and a reasonable basis for a counterclaim for retaliation claims. Disparate impact claims are timely if filed within the statute of limitations from each application of
• Am. Home Assurance Co. v. Weaver Aggregate Transp., Inc.
  849 F. Supp. 2d 1055· M.D. Fla.· 2013-12-26 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court denied all pending dispositive motions, finding genuine disputes of material fact and plausible claims that precluded dismissal or summary judgment at this stage.
• In re Primedia
  Del. Ch.· 2013-12-20 ·via Rule 12(B)(6)
  The court granted the motion for judgment on the pleadings as to the Class Claims resting on purchases made shortly before the public announcement of the American Baby Sale, finding that the underlying "Brophy" claim was barred by laches because the plaintiffs were on inquiry not
• Dowbenko v. Google Inc.
  850 F. Supp. 2d 709· S.D. Fla.· 2013-12-19
  The court held that Google is immune from liability for user-generated content under Section 230 of the Communications Decency Act, and the plaintiff's allegations were insufficient to overcome this immunity.
• Aibar Huatuco, M.D. v. Civil Action No. 8465-VCG Satellite Healthcare & Satellite Dialysis OF Tracy, LLC
  Del. Ch.· 2013-12-09
  The Court of Chancery properly granted the defendants' motion to dismiss, holding that the plaintiff, a member of a Delaware limited liability company, could not seek judicial dissolution under Section 18-802 of the Delaware LLC Act. The Court found that the LLC agreement express
• ENI Holdings, LLC v. Civil Action No. 8075-VCG KBR Grp. Holdings, LLC
  Del. Ch.· 2013-11-27
  The Court of Chancery granted in part and denied in part ENI's motion to dismiss KBR's amended counterclaim. The court held that parties can contractually agree to shorter limitations periods, and a survival clause can create such a period. Claims based on non-fundamental represe
• Kaan v. Wells Fargo Bank, N.A.
  1992 WL 119944· S.D. Fla.· 2013-11-05 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  A prior dismissed foreclosure action does not bar subsequent foreclosure actions based on different or later defaults, and a quiet title claim based on such dismissal fails if the note and mortgage remain valid and enforceable.
• Baker v. Kelly Smith, LLC
  836 F. Supp. 2d 677· M.D. Fla.· 2013-10-10
  The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
• Martinez v. Miami-Dade Cnty.
  15 Employee Benefits Cas. (BNA) 2218· S.D. Fla.· 2013-09-30 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that Miami-Dade County adequately pleaded claims for contribution and indemnification, but dismissed the bad faith claim as Florida does not recognize such a cause of action.
• In re Sirius XM S'holder Litig. Civil Action No. 7800-CS
  Del. Ch.· 2013-09-27 ·via Rule 12(B)(6)
  The Delaware Court of Chancery granted defendants' motion to dismiss, holding that the plaintiffs' claims for breach of fiduciary duty were time-barred by the three-year statute of limitations. The court found that the cause of action accrued in 2009 when the Investment Agreement
• SIG, Inc. v. AT & T Digit. Life, Inc.
  832 F. Supp. 2d 1222· S.D. Fla.· 2013-09-12 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that AT&T Defendants' motion to dismiss contract and statutory claims is denied because the click-through agreement cannot be considered at this stage, but the unjust enrichment claim against them is dismissed. The Diamond Defendants' motion to dismiss contract and
• Whelan v. Royal Caribbean Cruises Ltd.
  836 F. Supp. 2d 148· S.D. Fla.· 2013-08-15
  The court held that both parties' motions to exclude expert testimony were denied, finding the experts qualified and their methodologies sufficiently reliable under the Daubert standard.
• I/Mx Info. Mgmt. Solutions, Inc.
  Del. Ch.· 2013-06-28 ·via Rule 12(B)(6) Standard
  The Court of Chancery denied the defendants' motion to dismiss the plaintiff's claims for declaratory and injunctive relief. The court found that the plaintiff had stated a claim upon which relief could be granted regarding its interpretation of a "knowledge" qualifier in the sto
• Kingcade v. Parker
  577 F. Supp. 2d 731· S.D. Fla.· 2013-06-13 ·via Rule 12(B)(6)
  The court affirmed the magistrate judge's report, granting the motion to dismiss for failure to exhaust administrative remedies and dismissing the claims against all defendants.
• In re China Agritech
  Del. Ch.· 2013-05-21 ·via Rule 12(B)(6)
  The Court denied defendants' motions to dismiss and stay the action. The Court found that demand was excused under Rule 23.1 because the directors faced a substantial risk of liability, rendering them incapable of impartially considering a litigation demand. The Court also found
• Anvil Holding Corp. v. Iron Acquisition Co., Inc.
  Del. Ch.· 2013-05-17 ·via Rule 12(B)(6) Dismissal
  The Superior Court denied the motion to dismiss the fraud claim, finding it was pled with particularity and that the individual defendants could be held liable for the company's representations. The court dismissed the bad faith breach of contract claim as duplicative of the frau
• Kaiser v. DePuy Spine, Inc.
  1989 WL 245189· M.D. Fla.· 2013-05-14 ·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiff's state law claims for negligence and strict liability were preempted by the Medical Device Amendments (MDA) because the plaintiff failed to allege a "parallel claim" demonstrating a violation of specific federal requirements, and Florida law doe
• In re Primedia
  Del. Ch.· 2013-05-10
  The Delaware Court of Chancery denied in part and granted in part defendants' motion to dismiss. The court held that the plaintiffs stated a claim for breach of fiduciary duty against KKR and the Primedia directors regarding the fairness of the merger, as the merger allegedly con