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 personal jurisdiction over Chrysler Canada exists under Florida's long-arm statute and comports with due process, and that the statute of limitations issue requires further factual development.
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1990 WL 132554·
S.D. Fla.·
2013-03-27
An assignee of a mortgage cannot be held liable under TILA for violations that were not apparent on the face of the disclosure documents at the time of the assignment.
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Del. Super. Ct.·
2013-03-19
The Court granted the Defendants' Joint Motion to Dismiss, finding that the Plaintiffs' lawsuit constituted an impermissible collateral attack on a prior judicially approved settlement agreement. The Court reasoned that the Plaintiffs' claims, by challenging the formation and imp
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Del. Ch.·
2013-03-18
The court denied the defendant's motion to dismiss in its entirety. The court found that res judicata and collateral estoppel did not apply to the plaintiff's claims, as the issues and causes of action were distinguishable from the prior New York lawsuit. The court also found tha
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74 F. Supp. 831·
S.D. Fla.·
2013-03-13
The court held that plaintiffs sufficiently alleged interstate commerce but failed to allege facts supporting a joint enterprise theory under the FLSA.
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1990 WL 31559·
S.D. Fla.·
2013-02-14
The court held that a cruise line may have a duty to warn passengers about hazardous volcanic gasses on an excursion, even if the terrain is open and obvious, if the cruise line had actual or constructive knowledge of the danger.
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The court held that joinder of numerous John Doe defendants in a BitTorrent copyright infringement case is inappropriate due to potential for individualized defenses, case management issues, and increased costs, warranting severance.
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850 F. Supp. 2d 653·
S.D. Fla.·
2013-02-04
The liability waiver signed by the passenger is unenforceable under 46 U.S.C. § 30509 because it attempts to limit the cruise line's liability for negligence. Royal Caribbean is not exonerated from liability for failing to provide a competent jet ski operator, and its liability i
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Del. Ch.·
2012-12-20
The Delaware Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court found it lacked personal jurisdiction over the individual defendants. It dismissed derivative claims based on res judicata and release from a prior settlement, and dismissed
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Del. Ch.·
2012-12-07
The Delaware Court of Chancery has subject matter jurisdiction over claims arising from LLC redemption agreements under the Delaware Limited Liability Company Act. The court also has jurisdiction over related legal claims under the cleanup doctrine. A claim for reformation of con
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The court held that claims not involving personal injury, illness, or death are subject to the cruise ticket contract's arbitration clause, while personal injury claims are not arbitrable under that clause.
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The court held that an arbitration clause in an employment agreement is enforceable and applies to all claims, including those that accrued before the agreement was signed, and that the case should be dismissed rather than stayed.
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308 F. Supp. 2d 338·
M.D. Fla.·
2012-11-06
The court held that it lacked subject matter jurisdiction to review the denial of a visa application due to the doctrine of consular nonreviewability and mootness.
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The court held that the flea market operators and principal defendants could be liable for contributory trademark infringement and contributory copyright infringement, but not vicarious trademark infringement. Property owners who merely lease the land are not liable for contribut
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The Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiffs failed to state a claim for breach of contract. The court found that the Conflicts Committee's approval of the merger satisfied the contractual definition of 'good faith' under the limite
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The court held that a genuine issue of material fact exists regarding whether the employer demoted the employee for retaliatory reasons due to FMLA leave or for legitimate business reasons, and that the employee's FMLA interference claim also survives summary judgment.
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The court held that creditors can be held vicariously liable for a servicer's failure to comply with TILA's disclosure requirements, and that TILA is not unconstitutionally vague.
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699 F. App'x 783·
S.D. Fla.·
2012-07-13
Officers Roque and Gonzalez are entitled to qualified immunity for the destruction of the vessel, and the City of Miami is not liable under § 1983 for the alleged constitutional violations.
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701 F. App'x 642·
S.D. Fla.·
2012-07-09
The court held that the defamation notice statute does not apply to private parties, and that while some claims were dismissed for failure to state a claim or lack of specificity, others, like breach of oral contract, were sufficiently pleaded.
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The court granted in part and denied in part the defendants' motion to dismiss the complaint, and granted in part and denied in part the plaintiffs' motion to dismiss the counterclaims. The court dismissed most of the tort claims because they were improperly "bootstrapped" onto b
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670 F. App'x 402·
S.D. Fla.·
2012-04-11
The court denied the third-party defendant's motion to dismiss, finding that the third-party plaintiff stated claims for common-law indemnification, contractual indemnification, breach of contract, and negligent misrepresentation.
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The Court granted the defendants' motion to dismiss, holding that the plaintiffs failed to state a claim for breach of contract or fiduciary duty. The Court found that the limited partnership agreement established a contractual standard of review that required a showing of bad fa
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A creditor can be held vicariously liable for a loan servicer's failure to comply with TILA's requirement to identify the loan owner.
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Del. Super. Ct.·
2012-01-25
The Court granted in part and denied in part the motion to dismiss counterclaims and third-party claims. The Court dismissed all counterclaims against the O'Kelly Firm and all counterclaims against Pazuniak Law except for the breach of contract claim. The O'Kelly Firm was dismiss
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The court denied the company's motion to dismiss, finding that the purchaser had alleged sufficient facts to support a conclusion that the call price was set below fair market value and that the company acted in bad faith by setting the call price at that value. The court found t
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819 F. Supp. 2d 1264·
M.D. Fla.·
2011-09-26
The court held that the amended complaint sufficiently pleaded exhaustion of administrative remedies and that an ESOP fiduciary may be liable for failing to diversify investments if their conduct violates the residual duty of prudence, but the specific allegations in this case di
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816 F. Supp. 2d 1265·
S.D. Fla.·
2011-09-16
The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
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Del. Ch.·
2011-08-09
The Court held that under the terms of the LLC Agreement, Holland was permitted to transfer its entire 30% interest, including voting rights, to Achaian, an existing member. Consequently, Omniglow now has two coequal 50% members: Leemon and Achaian. The Court also found that Acha
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798 F. Supp. 2d 1311·
S.D. Fla.·
2011-07-13
The court held that a claim for declaratory relief regarding the statute of limitations is not ripe when the defense has not yet been asserted, and that Florida law does not recognize a common law claim for breach of good faith and fair dealing in first-party insurance cases.
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The Court of Chancery granted the defendant's motion to dismiss a breach of contract claim, holding that the plaintiff's claim was time-barred by the contract's "Survival Clause." The clause limited the survival of the "Design Representations" and the "sole and exclusive remedy"
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The Court denied the defendants' motion to dismiss, finding that the plaintiffs had stated claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The Court held that the interpretation of whether the bank's participation certificates qual
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790 F. Supp. 2d 1368·
N.D. Fla.·
2011-06-10
The court held that the plaintiff's complaint stated a plausible claim under 42 U.S.C. § 1983 for a First Amendment violation, thus denying the defendant's motion to dismiss.
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The Court denied the Defendants' motion to dismiss Count II regarding the vote of Winmill's interest in Bexil in favor of the York Sale, finding that the claim of self-interested and unfair conduct was adequately pleaded. The Court otherwise granted the Defendants' motion to dism
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799 F. Supp. 2d 1319·
M.D. Fla.·
2011-05-06
The court held that a claimant's assertion of an interest in assets, even if not titled in their name, is sufficient for standing at the pleading stage, and the 'innocent owner' defense is premature until the government proves the property is forfeitable.
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The court denied the defendants' motions to dismiss, finding the government's allegations sufficiently stated claims for violations of the False Claims Act and Anti-Kickback Statute.
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775 F. Supp. 2d 1344·
M.D. Fla.·
2011-03-14
The court held that the plaintiff adequately alleged state action under the public function test and that the defendants' alleged failures constituted a deprivation of the child's constitutional right to physical safety, thus denying the motion to dismiss.
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759 F. Supp. 2d 1335·
S.D. Fla.·
2011-01-21
The court held that a malicious prosecution claim against a municipality is barred by sovereign immunity when malice is an element, and a § 1983 claim requires specific allegations of a municipal policy or custom causing constitutional violations.
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The district court lacks subject matter jurisdiction over the plaintiff's challenge to the defendant's insourcing decision, as exclusive jurisdiction lies with the U.S. Court of Federal Claims.
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Del. Ch.·
2010-07-16
The court granted EMC Corporation's motion to dismiss the aiding and abetting claim, finding that the plaintiff failed to allege facts sufficient to infer that EMC knowingly participated in the Voyence board's alleged breach of fiduciary duties. The court held that EMC's arm's-le
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The Court granted Plaintiffs' motion to dismiss Counts IV and V of Defendants' counterclaim, which sought a declaratory judgment and specific performance regarding a release provision. However, the Court denied Plaintiffs' motion to dismiss Counts I, II, and III, which pertained
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The Court denied the defendant's motion to dismiss, finding that the Amended Stipulation effectively tolled the statute of limitations for the plaintiff's claims. The Court held that the trustee's failure to support the proposed settlement did not constitute a breach of the stipu
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720 F. Supp. 2d 1351·
M.D. Fla.·
2010-06-28
The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas
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Del. Ch.·
2010-05-12
The Court of Chancery held that a stockholder who prematurely filed a derivative suit without adequate pre-suit investigation lacks a proper purpose to then file a separate books and records action under Delaware General Corporation Law § 220 to bolster the derivative complaint.
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Individual officers and directors of a debt collection company can be held personally liable under the FDCPA if they directly or indirectly collect or attempt to collect debts, regardless of their corporate role.
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716 F. Supp. 2d 1207·
S.D. Fla.·
2010-04-02
The court held that the plaintiff adequately alleged a due process claim, as the alleged stigma plus interference with employment constituted a deprivation of a constitutionally protected interest, and the absolute privilege defense did not apply to a due process claim.
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The Court denied the defendants' motion to dismiss the shareholder derivative complaint. The Court found that the complaint adequately pleaded demand futility, as the directors faced a substantial threat of personal liability due to their involvement in insider trading and a comp
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The court held that the spoliation of evidence does not constitute 'property damage' under the insurance policy, and therefore the insurer has no duty to defend.
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The court held that the state agency is immune from suit under the Eleventh Amendment for FLSA retaliation claims, as Congress has not validly abrogated this immunity, nor has the state waived it by accepting federal funds.
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655 F. Supp. 2d 1316·
S.D. Fla.·
2009-09-30
The court adopted the magistrate judge's recommendation to grant USLI's motion to dismiss, finding its policy did not cover the FACTA claims, but denied Essex's motion to dismiss, finding a potential case or controversy regarding its policy.
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661 F. Supp. 2d 1281·
M.D. Fla.·
2009-09-14
The court denied the motion to dismiss, finding that factual issues regarding coverage and exclusions required further development at the summary judgment stage, not on a motion to dismiss.