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M.D. Fla.·
2024-09-03
A Bivens claim is unavailable when the alleged constitutional violation occurs in a new context and special factors, such as an existing alternative remedial structure, counsel hesitation.
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M.D. Fla.·
2024-08-26
The parent and eight-year-old disabled student filed this discrimination suit against a school district and school officials, alleging physical abuse, failure to provide educational accommodations, and retaliation following complaints to authorities. The court granted the plainti
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M.D. Fla.·
2024-06-14
The court held that the complaint constituted a shotgun pleading and failed to allege sufficient facts to establish direct patent infringement by the defendant, warranting dismissal with leave to amend.
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M.D. Fla.·
2024-04-17
The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2024-03-01
The court held that the defendant's motion to dismiss the amended complaint is denied because the plaintiffs sufficiently alleged facts to state a claim for inverse condemnation.
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S.D. Fla.·
2024-01-23
The court held that the FLSA preempts breach of contract claims based on overtime or misclassification, but not claims for unpaid salary and commission under an oral employment agreement. The court also found the employment-at-will doctrine inapplicable and that special damages f
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Del. Ch.·
2023-12-19
The court denied the plaintiffs' motion for partial judgment on the pleadings, finding that their current interpretation of a non-compete agreement provision was inconsistent with their prior arguments and was unreasonable. The court held that the provision required an actual ent
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M.D. Fla.·
2023-11-29
The court held that federal civil rights claims against private actors fail without state action, Rooker-Feldman bars review of state court judgments, ADA claims fail against private entities, and the constitutional challenge is time-barred.
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M.D. Fla.·
2023-11-03
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983, as his false arrest claim was barred by his nolo contendere plea and his excessive force claim did not allege facts beyond de minimis force.
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S.D. Fla.·
2023-09-29
The court held that the plaintiff failed to adequately plead that the defendants acted as unregistered brokers or dealers under the Exchange Act, and thus Count IV is dismissed with prejudice. Remaining state law claims are dismissed without prejudice due to lack of federal quest
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M.D. Fla.·
2023-09-22
The court held that the plaintiff's claims failed to state a claim upon which relief could be granted and were therefore dismissed.
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M.D. Fla.·
2023-08-08
The court held that the plaintiff's claims for race discrimination under 42 U.S.C. § 1981, FMLA retaliation and interference, and Florida's Private Whistleblower Act were insufficiently pleaded and dismissed them with leave to amend.
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S.D. Fla.·
2023-06-28
The court held that a pro se plaintiff's complaint, which was six lines long and lacked factual allegations, failed to state a claim and was frivolous, warranting dismissal.
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S.D. Fla.·
2023-06-05
The court granted the motion to strike the expert declaration and denied the motion to dismiss, finding the patent claims were not directed to an unpatentable abstract idea.
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M.D. Fla.·
2023-05-12
A private defense attorney is not a state actor for purposes of a § 1983 claim, and therefore, a prisoner cannot sue their attorney under this statute for ineffective assistance.
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Del. Ch.·
2023-04-19
The court granted in part and denied in part the defendant's motion to dismiss. Claims arising from the 2015 lease term were dismissed as time-barred due to the three-year statute of limitations. The claim for reformation was dismissed for failure to adequately plead the elements
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Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted Bayer AG's motion to dismiss Merck & Co., Inc.'s complaint, holding that the Stock and Asset Purchase Agreement (SAPA) unambiguously allocated to Merck the sole and indefinite liability for product liability claims arising from products sold
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M.D. Fla.·
2023-03-15
The court held that the plaintiff's pro se civil rights complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2022-12-09
The court held that the plaintiff's claims against the judge, public defender, and prosecutor failed to state a claim upon which relief could be granted due to immunity doctrines and lack of factual support for conspiracy allegations.
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S.D. Fla.·
2022-11-07
The court denied plaintiffs' motions for reconsideration, finding no clear error in prior orders dismissing their complaint without prejudice.
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S.D. Fla.·
2022-10-17
A federal prisoner must exhaust all available administrative remedies before filing a civil rights action, and failure to do so, particularly by missing deadlines for appeals, warrants dismissal.
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M.D. Fla.·
2022-04-06
The court held that the plaintiff failed to state a plausible claim for relief under Bivens, as his case presented a new context and he had an adequate alternative remedy through the prison grievance procedure.
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M.D. Fla.·
2022-03-21
Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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M.D. Fla.·
2022-03-08
The court held that the credit reports were not inaccurate or misleading when viewed in their entirety, and therefore the defendants did not violate the FCRA.
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S.D. Fla.·
2022-02-04
The court held that a declaratory judgment complaint must be dismissed because the dispute is factual, not based on contractual ambiguity, and the plaintiff failed to allege performance of policy conditions, rendering the request for relief an advisory opinion.
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M.D. Fla.·
2021-12-09
The court held that the plaintiff failed to adequately plead his claims and dismissed the complaint without prejudice, granting him leave to amend.
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N.D. Fla.·
2021-10-06
The court held that an arbitration award from 'LAMP common law arbitration' is not enforceable because LAMP is a fraudulent, non-existent entity and there was no valid arbitration agreement. The court also granted sanctions against the pro se plaintiff.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's proposed amended complaint failed to state a plausible claim for excessive force or to challenge pending criminal proceedings. The court granted a final opportunity to amend the excessive force claim.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was procedurally deficient.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff failed to state a claim under § 1983 because his allegations did not establish deliberate indifference to a risk of serious harm, nor did they establish a causal connection for supervisory liability against PRIDE.
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M.D. Fla.·
2021-09-30
The court held that the plaintiff did not qualify for in forma pauperis status due to sufficient income and assets, and her complaint failed to establish federal jurisdiction or state a claim due to lack of subject matter jurisdiction and the applicability of litigation privilege
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M.D. Fla.·
2021-09-13
The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend, and denied the defendants' motions to dismiss as moot.
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M.D. Fla.·
2021-09-03
The court held that claims against Officer Gerow and Dr. Espino must be dismissed for failure to state a claim upon which relief can be granted.
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M.D. Fla.·
2021-09-02
The court held that the Hillsborough County Sheriff's Office is an improper defendant and that the plaintiff's complaint, containing vague and conclusory allegations, failed to state a claim under federal or state law, but granted leave to amend.
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M.D. Fla.·
2021-08-30
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted due to vague and conclusory allegations, and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2021-07-21
A pro se litigant cannot represent others in a class action, and the plaintiff's individual complaint failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2021-05-28
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted due to being a shotgun pleading and lacking specific factual allegations against defendants. The court also found that certain claims, like property deprivation
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M.D. Fla.·
2021-05-20
The court held that the plaintiff's pro se complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-05-11
A pretrial detainee's complaint alleging constitutional violations by a sheriff's office is subject to dismissal if the office is not a suable entity and if administrative remedies were not exhausted.
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M.D. Fla.·
2021-05-06
The court held that the plaintiff's complaint must be dismissed because he sued an entity not amenable to suit and failed to state a claim for deliberate indifference, nor did he exhaust administrative remedies.
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M.D. Fla.·
2021-01-21
The court held that the Second Amended Complaint failed to state a claim under the False Claims Acts due to insufficient pleading of a kickback scheme and the presentment of false claims, but granted leave to amend.
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S.D. Fla.·
2021-01-11
The court held that the plaintiff failed to allege facts sufficient to trigger coverage under the insurance policy for business interruption losses related to COVID-19.
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M.D. Fla.·
2020-12-03
The court held that a Bivens claim for a First Amendment violation in a new context, particularly concerning prisoner litigation, is disfavored and should be dismissed.
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S.D. Fla.·
2020-11-01
The court held that the plaintiffs failed to allege facts sufficient to state a claim for coverage under the insurance policy, as they did not plead direct physical loss or damage to the covered property. Consequently, the motion to dismiss was granted.
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S.D. Fla.·
2020-10-23
The court held that the parties agreed to arbitrate arbitrability, and thus disputes regarding the interpretation, applicability, and enforceability of the arbitration agreement are for the arbitrator, not the court, to decide.
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M.D. Fla.·
2020-10-01
The court held that the plaintiff inmate failed to state a plausible claim for relief under the First, Fourth, Fifth, and Eighth Amendments, and dismissed the case without prejudice.
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N.D. Fla.·
2020-06-25
The court held that a prisoner's complaint seeking a name change from a prison warden fails to state a claim upon which relief can be granted.
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M.D. Fla.·
2020-06-03
The court held that the plaintiff's allegations of medical negligence and dissatisfaction with care did not rise to the level of deliberate indifference required for an Eighth Amendment claim under Bivens.
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M.D. Fla.·
2020-04-14
The court held that the complaint failed to state a plausible claim for retrospective premiums or unjust enrichment due to insufficient factual allegations and potential statute of limitations issues.
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M.D. Fla.·
2020-04-08
The court held that the plaintiff failed to state claims for freedom of religion, conditions of confinement, return of personal property, and threatening comments, but may amend his access-to-courts claim.