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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M.D. Fla.·
2025-10-10
The court recommends denying the plaintiff's application to proceed in forma pauperis and dismissing the case without prejudice because the plaintiff failed to cure deficiencies in his application and complaint after being given an opportunity to do so.
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S.D. Fla.·
2025-10-10
The court held that the defendant's counterclaim for interpleader must be dismissed for lack of federal subject-matter jurisdiction because the defendant failed to deposit the disputed funds into the court's registry as required by the federal interpleader statute.
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M.D. Fla.·
2025-10-10
The court recommended denying the motion to proceed in forma pauperis and dismissing the case without prejudice because the plaintiff failed to cure deficiencies in his filing and complaint after being given an opportunity to do so.
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M.D. Fla.·
2025-10-07
The court held that the plaintiff's mortgage transaction was exempt from TILA rescission, the plaintiff failed to state a claim under RESPA due to a lack of alleged damages, and the complaint was a shotgun pleading. The court denied the motion to remand and granted the motion to
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S.D. Fla.·
2025-10-06
The court held that it has admiralty jurisdiction over the tort claim, but lacks personal jurisdiction over SNAV due to invalid maritime attachments, while Aloschi sufficiently stated a claim for negligence.
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The court held that the plaintiff's complaint failed to state a claim because it contained only vague and conclusory allegations, not meeting federal pleading standards.
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The court held that the plaintiff has standing for claims related to the Medicare Secondary Payer Act and breach of contract, but lacks standing for claims of fraudulent concealment and declaratory judgment based on excluded claims data.
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Del. Super. Ct.·
2025-09-29
The Court granted the defendants' motion to dismiss Counts II and III, finding that the Texas Securities Act (TSA) claims were time-barred by the TSA's three-year statute of limitations. The court determined that the TSA's limitations period is substantive and "inseparably interw
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S.D. Fla.·
2025-09-22
The court held that the plaintiff failed to state a claim for national origin discrimination, retaliation, or hostile work environment because his allegations were too conclusory and lacked specific factual support.
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M.D. Fla.·
2025-09-19
The court held that the amended complaint failed to state a claim upon which relief could be granted and denied the motion for default judgment.
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The court recommended granting the plaintiff's motion to proceed in forma pauperis because her complaint, despite some deficiencies, contained well-pleaded facts that plausibly stated claims for relief under the Fair Credit Reporting Act.
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The court held that a second amended complaint filed without leave was properly stricken, and that the plaintiff's allegations of a jail officer using fecal matter on handcuffs stated claims for deliberate indifference and excessive force, thus denying qualified immunity at the m
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M.D. Fla.·
2025-09-18
The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted, and thus was dismissed without prejudice.
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The court held that the venue clause in the senior secured promissory note and security agreement is permissive and does not mandate exclusive venue in Delaware.
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The court held that the plaintiff's complaint was a 'shotgun pleading' and dismissed it without prejudice, allowing the plaintiff to file an amended complaint.
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N.D. Fla.·
2025-09-12
The court held that the plaintiff's third amended complaint failed to state a plausible claim for relief under Title VII, the ADA, or the FCRA.
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M.D. Fla.·
2025-09-11
The Court held that the Plaintiff's Second Amended Complaint constituted a shotgun pleading and dismissed it, granting leave to amend.
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Del. Super. Ct.·
2025-09-04
The Superior Court of Delaware granted the Defendant's Motion to Dismiss, finding that the License Agreement was invalid and unenforceable because the Plaintiff corporation did not exist at the time the agreement was executed. Consequently, the court dismissed the breach of contr
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M.D. Fla.·
2025-08-31
The court held that the defendants adequately pleaded inequitable conduct under Rule 9(b) and denied the plaintiff's motion to dismiss and motion to strike.
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M.D. Fla.·
2025-08-27
The court held that the plaintiff's allegations, when liberally construed, state plausible claims under the First Amendment, RLUIPA, and the Equal Protection Clause, sufficient to survive a motion to dismiss.
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S.D. Fla.·
2025-08-26
The court held that the complaint's first three counts were impermissible shotgun pleadings and that the fourth count failed to state a claim for municipal liability under § 1983.
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Del. Super. Ct.·
2025-08-21
The appellate court affirmed the trial court's dismissal of defamation claims against Corbin and Gatewood, finding their statements in news articles constituted non-actionable opinions. The court also affirmed the denial of TREO's motion to dismiss based on claim splitting, holdi
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S.D. Fla.·
2025-08-18
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion to dismiss, and dismissing the complaint without prejudice, allowing the plaintiff an opportunity to amend.
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M.D. Fla.·
2025-08-15
The court held that the TCPA's prohibition on unsolicited calls applies to cellphones, even if the statute uses the term 'residential telephone subscriber'.
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The court held that while venue is proper in the Southern District of Florida, the case should be transferred to the District of Utah for the convenience of the parties and witnesses. Alternatively, the court recommended dismissal for shotgun pleading and failure to state a claim
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The court held that Plaintiff sufficiently alleged race and national origin discrimination for failure to promote, but failed to plead specific facts for claims of unfair performance evaluation, pay, and promotion, and failed to sufficiently allege causation for retaliation.
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The court held that a breach of contract complaint need not specify the exact contractual provision breached to survive a Rule 12(b)(6) motion, as long as it plausibly alleges nonperformance and resulting damages.
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S.D. Fla.·
2025-08-03
The court held that Title VII claims are time-barred due to untimeliness and failure to establish equitable tolling, but FCRA claims are timely because the EEOC notice did not constitute a determination of reasonable cause, triggering a one-year limitations period.
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S.D. Fla.·
2025-07-31
A dispute between two companies in the Near Field Communication industry in which AccessNinja accused PassNinja and its founder Richard Grundy of stealing proprietary software code, and PassNinja and Grundy countersued AccessNinja, Auston Bunsen, and investor HF0 Advisors for cop
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Del. Ch.·
2025-07-25
The Court of Chancery dismissed the plaintiffs' claims, finding a lack of personal jurisdiction over Continental Stock Transfer & Trust Company, no standing for the breach of contract claim, and that the remaining claims were either time-barred or failed to state a claim upon whi
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M.D. Fla.·
2025-07-24
The court held that Detective Strickland is not entitled to qualified immunity on claims of illegal detention and prosecution under the Fourth and Fourteenth Amendments, but is entitled to qualified immunity on the failure to intervene claim. The conspiracy claim is dismissed wit
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M.D. Fla.·
2025-07-24
The court recommended granting the motion to dismiss the FMLA claim because the amended complaint failed to plead sufficient facts to establish eligibility and notice requirements.
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Nicolas Manzini, a former lawyer, sued Miccosukee Tribe leaders Talbert Cypress and Lucas Osceola in federal court alleging they violated the Indian Gaming Regulatory Act and defrauded casino patrons by manipulating cash-out kiosks to avoid refunding coin change. The court found
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Del. Ch.·
2025-07-22
The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiff failed to adequately plead demand futility. The court held that the plaintiff's theories of breach of fiduciary duty under Caremark, Massey, and Malone were insufficient to establish that
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S.D. Fla.·
2025-07-16
The court held that a plaintiff's failure to submit a timely proof of loss within sixty days of the loss, as required by the Standard Flood Insurance Policy, bars recovery absent a written waiver.
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The court held that a motion to dismiss for failure to state a claim under Rule 12(b)(6) is waived if filed after the defendant has already filed an answer.
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S.D. Fla.·
2025-07-09
The court held that the plaintiff's claims against the New Jersey defendants were time-barred and that venue was improper for the remaining claims, warranting transfer to the Southern District of Florida.
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S.D. Fla.·
2025-07-08
Mustapha Assi, a naturalized U.S. citizen, sued federal agencies after being placed on the Terrorist Screening Database and subjected to enhanced airport screening without explanation, claiming violations of the Administrative Procedure Act and his constitutional rights under the
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A pretrial detainee who refuses appointed counsel has no constitutional right to access legal resources for his defense.
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S.D. Fla.·
2025-07-03
In Portes v. City of Doral, a federal district court granted in part and denied in part motions to dismiss brought by the city, individual police officers, and a security company in response to claims arising from the disputed arrest of Juan Jose Portes Jr. at his apartment compl
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Del. Ch.·
2025-07-03
The Court of Chancery converted the defendants' motion to dismiss under Rule 23.1 into a motion for summary judgment on the discrete issue of director Schorr's independence, allowing for discovery. The court stayed consideration of the Rule 12(b)(6) motion pending the resolution
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The court held that a motion for reconsideration under Rule 60(b)(1) cannot be used to relitigate old matters or raise new arguments that could have been previously presented.
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M.D. Fla.·
2025-06-27
The court held that the defendant sufficiently pled claims for negligence and bad faith against the insurer under Kansas law, thus denying the motion to dismiss.
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S.D. Fla.·
2025-06-23
The court held that the plaintiff failed to state claims for unlawful retaliation and discrimination under the FMLA, PDA, and FCRA because she did not sufficiently allege protected activity, adverse employment actions, or causation.
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N.D. Fla.·
2025-06-17
The court held that the plaintiff failed to state a cognizable federal claim under 42 U.S.C. § 406 and that the court should decline supplemental jurisdiction over the state law breach of contract claim.
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S.D. Fla.·
2025-06-15
The court held that a plaintiff must provide factual allegations to support claims of actual or constructive notice, and mere references to prior similar incidents are insufficient without detailing how they are substantially similar.
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S.D. Fla.·
2025-06-10
The court granted in part and denied in part the motion to dismiss, dismissing the procedural and substantive due process claims for failure to allege a protected liberty or property interest.
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The Delaware Supreme Court reversed the Court of Chancery's dismissal of Erste's claim for relief from judgment under Rule 60(b)(3), holding that the rule applies to fraud between parties that prevents a party from fairly presenting its case, not solely to fraud on the court. The
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M.D. Fla.·
2025-06-05
The court held that the third-party vehicle entanglement constituted an intervening cause that severed any potential liability of the defendants, as it was unrelated to the alleged product defect and not foreseeable.
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M.D. Fla.·
2025-06-04
The court granted the parties' joint motion to stay case management deadlines pending resolution of the defendants' motion to dismiss.