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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The court held that the defendant's motion to dismiss was timely filed, thus precluding the need for an answer and preventing default judgment.
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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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N.D. Fla.·
2024-09-03
The court held that the plaintiff's allegations of a lack of heat in his jail cell, without more, did not rise to the level of an "extreme" condition that would violate the Fourteenth Amendment, and thus failed to state a claim under 42 U.S.C. § 1983.
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S.D. Fla.·
2024-08-29
The court held that the plaintiff sufficiently stated claims under the Florida Deceptive and Unfair Practices Act (FDUTPA) and the Florida Motor Vehicle Repair Act (FMVRA, Fla. Stat. § 559.903 et seq.), denying the defendant's motion to dismiss.
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M.D. Fla.·
2024-08-27
The court held that the plaintiffs' FLSA and FMWA claims against FSG were properly dismissed without prejudice for failure to adequately plead employer status and FMWA notice, but claims for breach of the Security Guard Service Agreement and quantum meruit against FSG could proce
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M.D. Fla.·
2024-08-27
The court held that the Defendant American Motorcyclist Association's motion to dismiss Plaintiff's third amended complaint is denied, as the waiver of liability is not clearly established as ratified and the claims for negligence and punitive damages are sufficiently pleaded.
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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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S.D. Fla.·
2024-08-23
The court recommended dismissal of the negligence and failure to warn claims for insufficient factual allegations regarding notice, but found the failure to render medical aid claim, including punitive damages, was sufficiently pleaded.
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S.D. Fla.·
2024-08-21
The court recommended dismissal of the amended complaint without prejudice because it contained conclusory allegations and failed to adequately plead notice of the dangerous condition, constituting a shotgun pleading.
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M.D. Fla.·
2024-08-21
The court held that the plaintiff failed to state a plausible claim against the union for breach of its duty of fair representation and against the employer for breach of the collective bargaining agreement.
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A homeowner sued a solar installation company and its parent corporation for breach of contract and unjust enrichment, alleging they failed to complete solar system installation within the promised timeframe and failed to include a net-metering feature, causing her higher electri
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Del. Fam. Ct.·
2024-08-20
The Court affirmed the Commissioner's denial of the Father's motion to reopen the 2016 child support order, finding no extraordinary circumstances and that the motion was untimely. However, the Court modified the child support to zero effective August 7, 2017, based on an interim
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S.D. Fla.·
2024-08-20
The court exercised personal jurisdiction over third-party defendants (Screenya, LLC, and two former ZAGG employees) in a counterclaim alleging violations of Florida's trademark and trade practices laws, finding that allegations of price fixing and anti-competitive conduct in Flo
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The court held that the plaintiff's ADA claims could proceed to discovery, but his FMLA claims were dismissed with prejudice for failing to allege a serious health condition, and his state retaliatory discharge claim could proceed.
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S.D. Fla.·
2024-08-15
The court held that while the amended complaint sufficiently pleaded breach of contract and unjust enrichment, it was dismissed without prejudice as a shotgun pleading, requiring plaintiff to file a curative second amended complaint.
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S.D. Fla.·
2024-08-15
The court held that the plaintiff sufficiently exhausted administrative remedies for his Florida Civil Rights Act (FCRA) and retaliation claims, despite the EEOC charge not explicitly mentioning the FCRA or the word 'retaliation'.
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S.D. Fla.·
2024-08-15
The court recommended granting the motion to dismiss the Second Amended Complaint as time-barred, but with leave to amend.
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The court held that the plaintiff failed to state plausible claims for fraudulent concealment, securitization and securities violations, and recoupment/disgorgement, warranting dismissal.
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N.D. Fla.·
2024-08-12
The court held that the plaintiff failed to state a claim for breach of fiduciary duty under ERISA, a federal regulation, or the Federal Reserve Act, and also failed to state a claim under the Truth in Lending Act due to the statute of limitations.
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S.D. Fla.·
2024-08-08
The court held that the complaint's allegations regarding notice were conclusory and failed to state a plausible claim for negligence or negligent infliction of emotional distress, and that punitive damages may not be available for personal injury claims under maritime law.
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The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
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M.D. Fla.·
2024-08-02
The court held that a copyright infringement claim accrues under the discovery rule, meaning the statute of limitations begins when the plaintiff knew or should have known of the infringement.
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The court held that the plaintiff's allegations sufficiently stated claims for direct and vicarious liability, allowing the case to proceed past the motion to dismiss stage.
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The court held that the TCPA claim survives the plaintiff's death because the statute is primarily remedial, and that challenges to class representative adequacy are not properly raised in a motion to dismiss.
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The court held that Colorado's anti-SLAPP statute's discovery stay provision is inapplicable in federal court because it is procedural and conflicts with the Federal Rules of Civil Procedure. Therefore, a stay of discovery is not warranted.
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S.D. Fla.·
2024-07-23
The court held that the plaintiff's amended complaint sufficiently alleged facts to state plausible claims for negligence, including notice of the dangerous condition and failure to warn, and denied the motion to dismiss.
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S.D. Fla.·
2024-07-23
The court granted in part and denied in part the motion to dismiss, allowing claims for sex discrimination and retaliation to proceed, but dismissing the hostile work environment claim for failure to plead objective severity.
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S.D. Fla.·
2024-07-22
The court held that the arbitration clause in the EULA was enforceable, compelling arbitration of claims against ExamSoft, and dismissed claims against Larkin for failure to state a claim.
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The court held that the plaintiff's complaint must be dismissed because it fails to state a claim and constitutes an impermissible shotgun pleading.
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M.D. Fla.·
2024-07-09
The court held that the plaintiff's allegations did not plausibly state a claim for hostile work environment or age discrimination, but granted leave to amend.
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Del.·
2024-06-28
The Delaware Supreme Court reversed the Superior Court's judgment, holding that the plaintiffs lacked standing to challenge the Permanent Absentee Statute and the Early-Voting Laws. The court found that neither plaintiff had alleged an injury in fact that was concrete, actual or
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The court held that a prisoner's claim for denial of kosher meals can proceed against the chaplain who denied the request, but claims against other officials for denying grievances and claims for cruel and unusual punishment and equal protection are dismissed.
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S.D. Fla.·
2024-06-24
The court held that the plaintiff's complaint sufficiently stated claims for negligent maintenance and failure to warn, both under direct and vicarious liability theories, and that the claims were not impermissibly vague or duplicative.
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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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S.D. Fla.·
2024-06-13
The Florida Supreme Court and Florida Bar are entitled to Eleventh Amendment sovereign immunity and cannot be sued in federal court. Gainsburg's claims against Joshua Doyle in his official capacity for equitable relief are barred by the Rooker-Feldman doctrine, which precludes fe
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S.D. Fla.·
2024-06-13
The court held that plaintiffs lacked standing to bring federal securities fraud claims because they did not purchase the securities, and that amendment would be futile due to the statute of repose. State law claims were dismissed for lack of supplemental jurisdiction.
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The court held that the plaintiff plausibly alleged claims under the FCRA for failure to ensure accuracy and conduct reasonable reinvestigations, and for failure to block identity theft information, thus denying the defendants' motion for judgment on the pleadings.
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The court held that it lacked subject matter jurisdiction to hear the case, as the claims were either barred by the Rooker-Feldman doctrine or failed to state a federal question, and equitable relief was foreclosed by prior state court proceedings.
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The court denied the motion to dismiss Count I of the counterclaim but granted the motion to strike the demand for a jury trial and attorney's fees.
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M.D. Fla.·
2024-05-21
The court granted the motion for a more definite statement, finding the complaint to be a shotgun pleading, and dismissed the age discrimination claim for failure to state a claim, while granting leave to amend the other claims.
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M.D. Fla.·
2024-05-10
The court held that the plaintiff sufficiently alleged violations of the Florida Telephone Solicitation Act and that the class allegations were not grounds for dismissal or striking at this early stage.
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M.D. Fla.·
2024-05-07
The court held that the plaintiff's Second Amended Complaint sufficiently alleged a claim under the Defend Trade Secrets Act, and that supplemental jurisdiction over state law claims was appropriate.
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A plaintiff's general allegation of fulfilling conditions precedent to filing an FMWA claim is sufficient at the motion to dismiss stage, and failure to satisfy a condition precedent does not deprive a federal court of subject matter jurisdiction.
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Del. Ch.·
2024-05-03
The Court of Chancery granted the individual defendants' motion to dismiss, finding that the plaintiffs failed to plead sufficient non-conclusory facts to support claims of breach of fiduciary duty. The court held that allegations of "unauthorized communications" were conclusory
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The court held that a pro se plaintiff's complaint alleging a vast antisemitic conspiracy by a bankruptcy judge was frivolous and dismissed it with prejudice.
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S.D. Fla.·
2024-04-23
The court held that the plaintiff sufficiently pleaded actual or constructive notice for her negligence claims but failed to adequately plead a claim for negligent training and punitive damages.
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Del. Ch.·
2024-04-22
The Court denied in part and granted in part the defendants' motions to dismiss. Counts I and II for breach of contract and breach of the implied covenant of good faith and fair dealing against USARE were allowed to proceed, applying New Jersey law. Counts IX through XII for frau
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The court held that the plaintiff sufficiently alleged facts to establish subject-matter jurisdiction regarding the IRS employee status of the individual who disclosed his tax information, but failed to sufficiently allege actual damages for his Privacy Act claim.
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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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The court held that the plaintiff's complaint failed to state a plausible claim for deliberate indifference to serious medical needs.