791 Florida cases classified under this topic, plus 518 listed through its narrower topics · sorted by citation count · browse and sort
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178 F. Supp. 2d 1255·
S.D. Fla.·
2000-06-08
·cited 1×
The court denied the Windmere Defendants' motion to dismiss in its entirety and granted Montgomery's motion to dismiss Count IV, denying it in all other respects.
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88 F. Supp. 2d 1376·
S.D. Fla.·
2000-03-31
·cited 1×
The court held that the defendant had not met its burden under the first prong of the § 1983 test, as there was no express indication that Congress intended to foreclose private enforcement of the Medicaid balance billing provision.
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The court held that plaintiffs stated a claim under § 1983 for violations of the USHA and LPPPA, but lacked standing as third-party beneficiaries to sue under the ACC.
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890 F. Supp. 1032·
M.D. Fla.·
1995-07-03
·cited 1×
The court held that the notice of removal was timely filed because a basis for federal question jurisdiction did not appear until the plaintiff filed its second amended complaint, and the motion to dismiss for failure to state a claim was denied as the statute of limitations defe
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A district court's dismissal for lack of subject matter jurisdiction based on the legal insufficiency of a federal claim is improper; such claims should be decided on the merits. A public agency's refusal to pay for housing, even if influenced by bias, does not violate the Fair H
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The court held that the complaint stated a claim under 26 U.S.C. § 7431(a)(2) and that plaintiffs should have been allowed to amend their complaint.
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790 F. Supp. 1130·
M.D. Fla.·
1992-04-08
·cited 1×
The court held that the defendants' counterclaims and affirmative defenses based on an alleged oral joint venture agreement were barred by the D'Oench doctrine and the federal holder in due course doctrine, as these agreements were not reflected in the bank's official records.
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The court held that the plaintiff's complaint, as pled, failed to establish that the insurance benefits were not provided under an employee benefit plan, and therefore the causes of action were preempted by ERISA.
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The court held that the plaintiffs failed to state a claim for federal constitutional violations and dismissed the pendant state law claims.
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The court held that the taxpayer's suit to recover overpaid taxes was timely because the IRS failed to provide sufficient evidence that a waiver of the notice of disallowance was filed, thus the two-year limitations period began from the date of the notice of disallowance.
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Prison officials may reject inmate mail that could incite violence, and due process requires notice to the sender, but not necessarily through a formal regulation.
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11th Cir.·
2026-07-29
First Amendment retaliation claims brought by applicants for government grants and subsidies are not barred by Board of County Commissioners v. Umbehr, which reserved judgment on new applicants; instead, grant applicants receive the same First Amendment protection as ordinary cit
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Del. Super. Ct.·
2026-02-26
Mogo Inc. sued Cricket Media, Inc. for breach of a senior secured convertible promissory note and related purchase agreement involving a $1.78 million loan. The court denied Cricket's motion to dismiss, holding that Mogo adequately pleaded a breach of contract claim based on Cric
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Del. Ch.·
2026-02-26
Genesis CMG Holdings LLC and Converze Media Group LLC sued former executives Phillip Yancey and Jennifer Miller-Baten for allegedly breaching restrictive covenants and unit purchase agreements. The Delaware Court of Chancery granted defendants' motion to dismiss because the non-c
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Del. Super. Ct.·
2026-02-18
In a mortgage foreclosure action, the Delaware Superior Court denied defendant Carl Frederick's motion to dismiss and both defendants' motions to strike Plaintiff Lakeview Loan Servicing's response. The court held that the plaintiff has standing to pursue the scire facias sur mor
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Del. Super. Ct.·
2026-02-18
A passenger injured in a boating accident brought a declaratory judgment action against the boat rental operator's liability insurer, seeking to compel coverage. The court denied the insurer's motion to dismiss, finding that the passenger sufficiently pleaded he was either an int
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S.D. Fla.·
2026-02-05
The court held that Wanderu is not a reseller under Fla. Stat. § 817.36, and therefore, the statute's fee limitation does not apply to Wanderu's service fees.
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Del. Super. Ct.·
2026-01-29
The Delaware Superior Court granted defendants' motion to dismiss 277 Zantac cases on statute of limitations grounds, holding that Delaware's two-year limitations period applies under the borrowing statute and that plaintiffs had inquiry notice of their claims as of the FDA's Apr
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Del. Ch.·
2026-01-28
GOT Distribution SPV II, LLC sued an ESOP trust, its trustee, and the former CEO of DoubleRadius, Inc. for fraud and breach of contract relating to the sale of the company. The Delaware Court of Chancery denied the trust's motion to dismiss, holding that ERISA authorizes suits ag
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S.D. Fla.·
2026-01-26
The court recommended granting the motion to dismiss, finding the plaintiff's claims to be frivolous and lacking subject matter jurisdiction.
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S.D. Fla.·
2026-01-21
The court held that the amended complaint must be dismissed without prejudice for failure to establish federal subject matter jurisdiction and for failure to state a claim, but granted plaintiffs leave to amend.
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Del. Ch.·
2026-01-20
In a post-closing acquisition dispute, WIA Holdings and its affiliates sued the sellers (Scottish American Capital LLC and its managing member Paul Thomson) for breaches of a Securities Purchase Agreement representing and warranting the sale of an insurance business. The Delaware
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N.D. Fla.·
2026-01-09
The court held that the plaintiff's second amended complaint is a shotgun pleading and fails to state a claim for retaliation under the Fair Housing Act or defamation under Florida law.
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M.D. Fla.·
2026-01-09
The court held that the plaintiff failed to state plausible claims for viewpoint discrimination, First Amendment retaliation, and conspiracy under 42 U.S.C. § 1983.
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The court held that it lacked personal jurisdiction over the Franchisee Defendant and that venue was improper in New Jersey, necessitating a transfer to the Middle District of Florida.
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M.D. Fla.·
2026-01-05
The court held that the complaint sufficiently alleged claims for trademark infringement, unfair competition, and copyright infringement against all defendants, and denied the motion to dismiss.
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M.D. Fla.·
2026-01-05
A prisoner's claim of being placed in a strip cell without adequate hygiene supplies for 72 hours may state an Eighth Amendment conditions-of-confinement claim, but does not trigger Fourteenth Amendment procedural due process protections.
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The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting in part the motion to dismiss ADA claims and staying the FHA claims under the Colorado River abstention doctrine.
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S.D. Fla.·
2025-12-29
The court recommended denying the motion to dismiss, finding the plaintiff's amended complaint sufficiently alleged facts to state a plausible claim for FLSA violations.
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The court held that the plaintiffs' federal employment claims must be dismissed for failure to exhaust administrative remedies, and the state law claims are dismissed for lack of supplemental jurisdiction.
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Claims against supervisory defendants Dixon and UCI Warden are dismissed without prejudice for failure to state a claim, while claims against other officers will proceed.
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M.D. Fla.·
2025-12-08
The court held that the plaintiff failed to state a claim for unpaid minimum or overtime wages under the FLSA and declined to exercise supplemental jurisdiction over the remaining state law claims.
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M.D. Fla.·
2025-12-05
The court held that a breach of contract claim for indemnification between a broker and carrier is not preempted by the Carmack Amendment, but a claim for unlawful brokerage activities fails for lack of factual allegations.
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M.D. Fla.·
2025-12-02
The court recommended denying the defendant's motion for costs because the dismissal of the plaintiff's case without prejudice for failure to prosecute did not constitute a judgment on the merits, and thus the defendant was not a 'prevailing party' under Rule 54(d)(1).
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M.D. Fla.·
2025-12-01
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state a claim, but granted the plaintiff one opportunity to file a second amended complaint.
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M.D. Fla.·
2025-11-25
The court held that the amended complaint was properly dismissed because it was a shotgun pleading and failed to state a claim upon which relief could be granted, and a second amendment would be futile.
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M.D. Fla.·
2025-11-25
The court held that the plaintiff failed to exhaust administrative remedies for her race and sex discrimination claims under Title VII and the FCRA because her EEOC charges only alleged retaliation, and further amendment would be futile as the claims are time-barred.
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S.D. Fla.·
2025-11-24
The court held that the plaintiff's claims are time-barred and that she has failed to sufficiently plead equitable tolling or Rule 15 relation-back.
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The court held that the plaintiff's complaint failed to state a plausible claim for a constitutional violation regarding jail visitation.
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M.D. Fla.·
2025-11-14
A judge is entitled to Eleventh Amendment immunity and absolute judicial immunity for actions taken in her official capacity, and a state is not a 'person' under § 1983, warranting dismissal of the complaint.
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M.D. Fla.·
2025-11-14
The court held that the fourth amended complaint was facially insufficient and woefully inadequate, constituting a shotgun pleading and failing to state claims, and thus dismissed it without prejudice, granting plaintiff one final opportunity to amend.
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M.D. Fla.·
2025-11-07
The court held that a declaratory judgment claim is not duplicative of a breach of contract claim, but an unjust enrichment claim for overpayments is barred by the existence of an express insurance contract covering the same subject matter.
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M.D. Fla.·
2025-11-05
The court held that the plaintiff failed to sufficiently plead claims for race-based discrimination under the Fair Housing Act, 42 U.S.C. §§ 1981 and 1982, and intentional infliction of emotional distress, as the allegations primarily focused on disability discrimination.
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M.D. Fla.·
2025-11-04
The court held that the plaintiff failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act before filing suit.
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S.D. Fla.·
2025-10-29
The court held that the plaintiff's Age Discrimination in Employment Act claim was time-barred because it was filed more than 90 days after receiving notice of the right to sue from the EEOC.
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M.D. Fla.·
2025-10-28
The court denied the defendant's motion to dismiss because the plaintiffs had filed the required notice of intent to initiate litigation, and alternatively, their complaint sufficiently alleged performance of conditions precedent under Federal Rule of Civil Procedure 9(c).
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S.D. Fla.·
2025-10-24
The court recommended dismissal of the action without prejudice because the complaint failed to establish federal subject matter jurisdiction and did not state a claim upon which relief could be granted.
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N.D. Fla.·
2025-10-24
The court held that a plaintiff's Fourth Amendment claims are barred by collateral estoppel because the issue of probable cause was fully litigated and decided in a prior state criminal proceeding. The court also recommended declining supplemental jurisdiction over the state law
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M.D. Fla.·
2025-10-21
The court recommended dismissal of the complaint without prejudice because it constituted an impermissible shotgun pleading and failed to state a claim under many cited statutes, and the motion to proceed in forma pauperis was denied without prejudice.
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S.D. Fla.·
2025-10-17
The court held that the plaintiff plausibly alleged a First Amendment retaliation claim against the School Board but dismissed claims against individual defendants for failing to allege adverse employment actions by them.