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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A district court is not required to sua sponte allow a pro se plaintiff to amend their complaint before granting summary judgment.
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Del. Super. Ct.·
2025-02-06
The Delaware Superior Court granted Defendants' motion to dismiss Plaintiff's fraud in the inducement claim, finding that the allegations did not plead "separate and distinct facts" from the breach of contract claim and impermissibly "bootstrapped" the contract claim. However, th
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M.D. Fla.·
2025-02-06
The court held that a Bivens claim does not extend to the facts alleged, as they present a new context and special factors, such as an alternative administrative remedy, counsel against recognizing such a claim.
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M.D. Fla.·
2025-02-04
The court held that the plaintiff sufficiently alleged standing and stated a claim for relief regarding deficiencies in the COBRA notice.
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S.D. Fla.·
2025-01-29
Jane Doe sued Fenix International Limited (owner of OnlyFans) claiming it violated federal sex trafficking laws by knowingly facilitating the upload and sale of a video depicting her rape, but the court granted Fenix's motion to dismiss on the ground that Section 230 of the Commu
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Plaintiffs descended from Cuban property owners brought a Title III Helms-Burton Act claim against Iberostar and its subsidiary Marcaribe for trafficking in a hotel and department store confiscated by the Cuban government in 1961, which Iberostar began operating in 2017. The cour
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M.D. Fla.·
2025-01-16
Official-capacity claims against state employees for damages are barred by the Eleventh Amendment, as they are equivalent to claims against the state itself, and the State of Florida has not waived its sovereign immunity.
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M.D. Fla.·
2025-01-14
The court held that the complaint sufficiently alleged publication and actual malice for defamation claims, denying motions to dismiss on those grounds.
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M.D. Fla.·
2025-01-13
A pro se plaintiff cannot represent a trust, and a trust cannot state a claim under the FCRA as it is not a customer. The complaint is dismissed without prejudice to allow amendment.
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The court held that the plaintiff's complaint failed to state a plausible claim for relief under § 1983.
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M.D. Fla.·
2025-01-09
The court held that the plaintiff failed to adequately plead a valid and enforceable restrictive covenant, thus dismissing the breach of contract and tortious interference claims.
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S.D. Fla.·
2025-01-09
The court held that Plaintiff's individual claims (Counts I and II) fail because she was not a party to the independent contractor agreement, but claims brought by her business (Count III) survive dismissal and are subject to arbitration. Claims where the defendant waived argumen
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M.D. Fla.·
2024-12-26
The court held that the plaintiff failed to sufficiently allege municipal liability under § 1983 for malicious prosecution, but stated claims for state law false arrest and false imprisonment, as the issue of probable cause could not be resolved on a motion to dismiss.
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S.D. Fla.·
2024-12-20
James Williams, a male lawful permanent resident applying for U.S. citizenship, claimed that USCIS agents subjected him to discriminatory delays and additional scrutiny based on his sex in violation of the Fifth Amendment, the Privacy Act, and sought declaratory and injunctive re
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M.D. Fla.·
2024-12-17
The court held that the plaintiff's second amended complaint, which relied on criminal statutes and failed to comply with pleading rules and prior court orders, should be dismissed without prejudice.
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M.D. Fla.·
2024-12-13
The court granted the motion to dismiss because the second amended complaint was an improper shotgun pleading, failing to comply with Rule 8.
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the city or the police captain, and recommended declining supplemental jurisdiction over the state law claims.
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S.D. Fla.·
2024-12-03
The court held that the defendant's motion to dismiss the plaintiffs' unjust enrichment claims is denied because the claims are adequately pleaded under Louisiana law and are not barred by the existence of a separate breach of contract claim against a third party.
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M.D. Fla.·
2024-12-02
The court held that RFRA claims are dismissed, RLUIPA and KKK Act claims are dismissed, and compensatory damages are dismissed due to lack of physical injury, but Fourteenth Amendment Equal Protection and First Amendment Free Exercise claims for nominal and punitive damages may p
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M.D. Fla.·
2024-12-02
Plaintiff Libreros sued his former employer Aviva Senior Living for FMLA violations, claiming interference and retaliation after his termination. The court granted defendant's motion to dismiss the Second Amended Complaint for failure to adequately allege a qualifying serious hea
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M.D. Fla.·
2024-11-21
The court held that the plaintiff failed to state a plausible claim for an Eighth Amendment violation against the medical defendants and the corporate defendant, and that claims against a John Doe defendant were dismissed for improper venue.
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M.D. Fla.·
2024-11-21
The court held that the plaintiff inmate failed to state a plausible claim under the Eighth Amendment against either defendant, warranting dismissal.
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M.D. Fla.·
2024-11-21
The court held that the plaintiff's amended complaint failed to state a claim and was due to be dismissed without prejudice for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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M.D. Fla.·
2024-11-20
The court held that the plaintiff's pro se complaint must be dismissed without prejudice for failure to state a claim upon which relief can be granted.
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M.D. Fla.·
2024-11-20
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
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Del. Ch.·
2024-11-20
The Delaware Court of Chancery dismissed the plaintiffs' claims for breach of fiduciary duty and trespass, finding that the named defendants did not owe fiduciary duties to the plaintiffs and that the plaintiffs lacked exclusive possession for a trespass claim. The court denied t
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The court held that the amended complaint failed to state an actionable claim and was dismissed for abuse of the litigation process due to the plaintiff's failure to disclose prior related lawsuits.
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M.D. Fla.·
2024-11-19
The court held that while some negligence claims could proceed if rooted in a recognized tort like battery, the allegations of sexual battery were insufficient. Claims for Intentional Infliction of Emotional Distress and Tortious Interference with a Custodial Parent-Child Relatio
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S.D. Fla.·
2024-11-18
The court held that the plaintiff's allegations were sufficient to state a plausible claim for vicarious liability against the defendant for negligent design by its employees, and thus denied the motion to dismiss.
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Del. Ch.·
2024-10-30
The Delaware Court of Chancery denied the defendant's motion to dismiss the plaintiff's claim for reformation based on mistake, finding that the plaintiffs had sufficiently pleaded a specific prior understanding that differed materially from the executed SAFE agreement. However,
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N.D. Fla.·
2024-10-25
The court held that a plaintiff must allege a violation of a federal right to state a claim under 42 U.S.C. § 1983, and there is no federal right to police investigation.
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The court held that the plaintiff's second amended complaint sufficiently alleged facts to state claims for violations of the Fair Credit Reporting Act and negligence, thus denying the defendant's motion to dismiss.
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Del. Super. Ct.·
2024-10-23
The Court denied the motion to dismiss, finding that Rule 14 permits a third-party claim for negligent procurement of insurance, that the statute of limitations defense requires further factual development, and that arguments raised for the first time in a reply brief are waived.
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S.D. Fla.·
2024-10-22
The court recommends granting the motion to dismiss because the complaint is an impermissible shotgun pleading, failing to provide adequate notice of the claims against each defendant.
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The court held that Defendant's motion to dismiss under Rule 12(b)(6) was untimely and its motion for summary judgment was premature.
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The court held that the plaintiff's federal securities law claims and state law claims for civil theft, conversion, and breach of contract were dismissed for failure to state a claim and failure to meet heightened pleading standards.
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Del. Ch.·
2024-10-18
The Delaware Court of Chancery denied the defendants' motion to dismiss, finding that the plaintiff had stated reasonably conceivable direct claims for breach of fiduciary duty and unjust enrichment. The court held that the claims were direct because they alleged interference wit
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The court held that the plaintiff adequately stated claims under RLUIPA and the First Amendment, and that he properly exhausted administrative remedies by completing the prison's grievance procedure, thus denying the motion to dismiss.
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The court held that the plaintiff's complaint was deficient for failure to state a claim and potentially lacking subject matter jurisdiction, but granted the pro se plaintiff an opportunity to amend.
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A prisoner who is a three-striker must pay the filing fee at the time of filing and cannot proceed IFP unless under imminent danger of serious physical injury.
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M.D. Fla.·
2024-10-09
The court held that the plaintiff failed to plausibly allege the absence of probable cause for his arrest, which is an essential element for a § 1983 false arrest claim.
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A securities fraud class action against executives of Cano Health, Inc., a Medicare-focused primary care company, was dismissed for failure to adequately plead a strong inference of scienter as required by securities law, despite allegations that the company prematurely recognize
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The court adopted the Magistrate Judge's Report and Recommendation, granting the application for discovery assistance under 28 U.S.C. § 1782 and denying the respondent's motion to dismiss and motion for stay and costs.
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The court held that the plaintiff failed to establish personal jurisdiction over the Zupnicks and failed to properly allege subject-matter jurisdiction and venue for Specialty Rx, leading to dismissal of the claims against them.
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M.D. Fla.·
2024-09-19
The court held that the plaintiff failed to state a claim for deliberate indifference against the defendant, as the defendant's responses to grievances showed inquiry rather than deliberate disregard of a serious medical need.
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N.D. Fla.·
2024-09-17
The court recommended denying the defendants' motion to dismiss the plaintiff's claims for compensatory and punitive damages.
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M.D. Fla.·
2024-09-17
The court granted in part and denied in part the motion to dismiss, dismissing most damages claims for failure to state a claim but allowing the policy claims to proceed.
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M.D. Fla.·
2024-09-16
The court granted the motion to dismiss, dismissing all counts against General Motors without prejudice due to various pleading deficiencies, including lack of clarity, standing, and failure to state a plausible claim.
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M.D. Fla.·
2024-09-13
The court granted the defendant's motion for judgment on the pleadings, dismissing Counts I and VI without prejudice, with leave for the plaintiff to amend.
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The court held that Day Late Enterprises, Inc. was misjoined as a party and was dismissed from the action because it was not a necessary party under Rule 19 and did not meet the criteria for permissive joinder under Rule 20.