1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
-
973 F.2d 345·
4th Cir.·
1992-08-20
The court held that the defendant did not breach its warranty of clear title because the bank's security interest attached after the defendant sold the equipment. The court also affirmed the dismissal of the remarketing claim due to lack of jurisdiction.
-
The presence of female guards during a strip search of a male inmate does not violate the inmate's constitutional right to privacy, especially when necessitated by security concerns following an inmate disturbance.
-
The court held that when the National Labor Relations Board declines to exercise its jurisdiction over an industry, the duty of fair representation for employees in that industry is governed by state law, not federal law, and federal courts lack jurisdiction over such claims.
-
The court held that the Illinois Medical Practice Act's classification of medical school graduates does not violate equal protection, and the applicant lacked a protected property interest for his due process claim.
-
The court held that the EPA's obligations under the Memorandum of Agreement were extinguished by the completion of the original sewer system project and did not extend to a subsequent expansion requiring additional sewer lines.
-
The court held that the Equal Credit Opportunity Act (ECOA) imposes an affirmative obligation on creditors to reevaluate the need for an additional party's guaranty upon renewal of a credit obligation, and that a failure to do so without discrimination can give the additional par
-
The court held that a service station can constitute a "service or facility" under Maryland law, and allegations that it was furnished on unequal terms state a cause of action.
-
The court held that the district court erred in dismissing the inmate's pro se complaint, as it stated cognizable claims under Section 1983 and state law.
-
The court held that the dismissal of claims against certain defendants was proper, but the dismissal of claims against other defendants prior to service was erroneous because the claims were not frivolous.
-
The court held that the amended complaint sufficiently alleged facts to withstand a motion to dismiss for failure to state a claim, reversing the district court's dismissal.
-
The court held that antitrust and intentional infliction of emotional distress claims were properly dismissed, but negligence and tortious interference claims were adequately pled and should proceed.
-
958 F.2d 814·
8th Cir.·
1992-03-06
The court held that the district court erred by failing to convert the motions to dismiss into motions for summary judgment when matters outside the pleadings were presented and relied upon, and this error was not harmless.
-
A district court cannot dismiss a complaint solely for failing to respond to a motion to dismiss based on a local rule, without analyzing whether the complaint states a claim upon which relief can be granted.
-
The court held that while the jury instruction on fraud incorrectly included a reasonable reliance element under Texas law, this error was harmless because the jury's finding of no negligence necessarily implied a lack of the higher fault required for fraud.
-
A district court cannot dismiss a pro se complaint sua sponte under Rule 12(b)(6) without giving the plaintiff an opportunity to be heard.
-
The court, being equally divided, affirmed the lower court's decision.
-
The court held that employee claims are preempted by the Railway Labor Act if the railroad's conduct is arguably justified by a collective bargaining agreement, and that claims based on a Montana statute requiring compensation for home value decrease due to terminal closure are n
-
The court held that Mississippi's sovereign immunity statute does not violate the Mississippi or United States Constitutions, and therefore, the Pearl River Valley Water Supply District is immune from the plaintiffs' wrongful death claim.
-
The court held that a district court lacks the power to sanction a party solely based on the lack of merit of a case it has no jurisdiction to decide.
-
The court held that the plaintiffs' claims were moot because the FBI voluntarily transferred the disputed files to the National Archives, and the remaining claims regarding other agencies' files were too speculative to warrant injunctive relief.
-
An excess insurer cannot bring a legal malpractice claim against the law firm hired by the primary insurer to defend the insured, either as a foreseeable beneficiary or through equitable subrogation, nor can it establish an attorney-client relationship with that firm.
-
The court held that a plaintiff seeking benefits under the Urban Mass Transportation Act's Half-Fare Program must meet the Act's specific definition of 'handicapped person,' not a broader definition from another statute, and that the program's funding source dictates applicable p
-
The court held that while the district court erred in dismissing the case without reviewing the contract, the final result of dismissal is affirmed after reviewing the contract, as it did not negate the manufacturer's constitutional protection against laws impairing pre-existing
-
915 F.2d 164·
5th Cir.·
1990-10-25
The court held that the district court had jurisdiction to determine its own jurisdiction, and therefore, the case should be remanded to determine if plaintiffs are entitled to attorney's fees under 42 U.S.C. § 1988.
-
The court held that the denial of a preliminary injunction was not an abuse of discretion, and that the dismissal of certain claims was proper, but remanded for leave to amend the Sherman Act § 2 claim.
-
The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
-
The court held that the plaintiff failed to state a claim for breach of an employment contract and that there was insufficient evidence of publication to support a slander claim.
-
The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1981 because they did not allege sufficient facts to demonstrate interference with a contract or the 'full and equal benefit' of laws. The court affirmed the dismissal of the federal claim and declined t
-
868 F.2d 1175·
10th Cir.·
1989-02-27
A release signed by a plaintiff, which broadly covers all known and unknown claims arising from asbestos exposure, bars a subsequent suit for mesothelioma, even if mesothelioma was not specifically diagnosed at the time of the release, if the plaintiff was aware of the possibilit
-
A merger transaction, legally distinct under Delaware law, cannot be recharacterized as a redemption to trigger preferred stock redemption rights when the merger agreement provides for cash conversion.
-
The court held that a prisoner's complaint alleging racial discrimination in denial of a prison job assignment stated a claim under Title VII, and the district court erred in dismissing it.
-
839 F.2d 188·
3d Cir.·
1988-02-18
The court held that C&K lacks standing under the UCC to sue Equibank for wrongful dishonor, but reversed the dismissal of C&K's fraud claim based on alleged intentional misrepresentation and remanded for further proceedings.
-
The court held that the plaintiff's claim was barred by the statute of limitations, but the dismissal should have been for summary judgment, not failure to state a claim.
-
778 F.2d 196·
4th Cir.·
1985-12-02
The court held that a contract for the installation of glass curtain walls was predominantly for services, thus the Uniform Commercial Code (U.C.C.) and its implied warranties did not apply to the general contractor's claims against the glass supplier.
-
617 F. Supp. 544·
S.D. Fla.·
1985-08-26
The court held that the defendant's motion to dismiss or for summary judgment should be denied as the plaintiff's allegations stated claims for relief and genuine issues of material fact existed regarding likelihood of confusion and preemption.
-
714 F.2d 299·
4th Cir.·
1983-07-28
The court held that the district court erred in dismissing the action, as the plaintiff's complaint alleged sufficient facts for a federal trial court to determine equitable title to North Carolina real estate.
-
The court held that the pro se complaint was improperly dismissed for failure to state a claim, as it sufficiently alleged constitutional violations.
-
685 F.2d 245·
8th Cir.·
1982-08-13
The court held that the district court erred in dismissing the plaintiff's lawsuit under the Truth in Lending Act (TILA) solely on the pleadings, without allowing for the presentation of evidence.
-
Under Florida law, a retaliatory reduction of disability payments for filing a workmen's compensation claim does not constitute an independent tort for which damages are recoverable.
-
The Florida Supreme Court quashed a district court's decision, holding that a tavern owner can be liable for patron injuries caused by third parties if the owner knew or should have known of the likelihood of general disorderly conduct, not solely based on knowledge of a specific
-
The court held that the record was insufficient to determine if res judicata applied, requiring a remand.
-
594 F.2d 900·
2d Cir.·
1979-02-21
The court held that the plaintiff's complaint sufficiently alleged a breach of contract or implied covenant of good faith to withstand a motion to dismiss, and thus should be allowed to proceed with discovery and potential amendment.
-
The court considered interlocutory appeals concerning a protective order for financial records and the dismissal of a complaint related to an alleged joint venture for real estate development.
-
The court held that the anti-pandering statute does not apply to mail that the recipient solicited, as this would be an unreasonable interpretation beyond congressional intent.
-
430 F.2d 1015·
9th Cir.·
1970-09-02
The court held that the defendant was entitled to judgment as a matter of law because his conduct was authorized, reasonable, and did not involve unnecessary force or injury.
-
-
The court held that the district court erred in dismissing the complaint for judicial review of a Social Security Act determination, as the complaint, despite its flaws, stated a claim and evidence of timely filing existed.
-
The court held that the district court erred in dismissing the complaint for failure to state a claim or establish federal jurisdiction, as the plaintiff's allegations, if proven, could entitle him to relief under federal law.
-
195 F.2d 556·
D.C. Cir.·
1952-02-28
The court held that a bank customer's allegations of forged endorsements on checks, even if the payee corporation was not yet formed, stated a claim upon which relief could be granted, and the bank could not rely on defenses not yet established.