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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S.D. Fla.·
2024-04-09
The court held that the plaintiff's claims under the Florida Drug and Cosmetic Act and FDUTPA were preempted by the Federal Food, Drug, and Cosmetic Act because they constituted an impermissible attempt to privately enforce federal law.
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M.D. Fla.·
2024-04-09
The court held that the plaintiff's civil rights claim was properly dismissed because it failed to state a plausible claim and was barred by the statute of limitations.
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S.D. Fla.·
2024-04-04
The court held that the product packaging, despite using Mexican imagery and Spanish words, did not mislead a reasonable consumer into believing the product was made in Mexico due to a clear and prominent disclaimer stating it was distributed from California.
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M.D. Fla.·
2024-03-29
A female employee sued Crowley Maritime Corporation and her supervisor Juan Emilio Blanco for sex trafficking under the federal Trafficking Victims Protection Act (TVPRA) and for sexual battery under Florida law, alleging that she was recruited and transported to Jacksonville for
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M.D. Fla.·
2024-03-29
The court granted NASCAR's motion to dismiss, granted in part Koutoulas's and LGB Entities' motions, and denied Horsman's motion and plaintiffs' motions as moot. The court also dismissed claims against Horsman and the Foundation for improper addition as parties.
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S.D. Fla.·
2024-03-22
The court held that Plaintiff failed to exhaust administrative remedies for most claims, but granted leave to amend the complaint to focus on the claim for which remedies were exhausted. The court also held that Florida's pre-suit notice requirements for medical malpractice do no
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M.D. Fla.·
2024-03-05
The court held that a plaintiff must exhaust administrative remedies before seeking judicial review of a Social Security decision, and failure to do so requires dismissal for lack of subject matter jurisdiction.
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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.·
2024-02-28
A defendant cannot use state statutory immunity to shield herself from liability under the federal Fair Housing Act, especially when willful violations are alleged.
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S.D. Fla.·
2024-02-26
The court held that plaintiff sufficiently alleged claims for race discrimination, sex discrimination, retaliation, and disability discrimination, but dismissed the constructive termination claim for failure to exhaust administrative remedies.
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M.D. Fla.·
2024-02-26
The court dismissed most claims for shotgun pleading and failure to state a claim, but granted leave to amend for most counts, finding that a pro se plaintiff should have at least one opportunity to cure deficiencies.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to insufficient factual allegations.
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The court held that a public official is not entitled to absolute immunity for defamation if the statements were not made within the scope of her official duties, particularly when she lacked supervisory authority over the plaintiff.
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S.D. Fla.·
2024-02-12
Willie Mae Jackson, a hearing-impaired woman, was terminated from her job as a driver for rideshare company Alto Experience, Inc. nine days after beginning employment because she could not use the company's required in-ear headset due to her hearing aid, despite offering a Blueto
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S.D. Fla.·
2024-02-08
The court held that the plaintiff's claims, premised on a lease being a negotiable instrument under the UCC, failed because Florida landlord-tenant law governs residential leases, not the UCC, and the amended complaint also lacked proper jurisdictional allegations.
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M.D. Fla.·
2024-02-07
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the defendants due to insufficient factual allegations regarding jurisdiction and supervisory liability.
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M.D. Fla.·
2024-01-31
The court held that a claim for deliberate indifference to a serious medical need against a county is plausible on its face, but a state law claim for negligent supervision is barred by failure to comply with statutory pre-suit notice requirements.
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The court accepted the magistrate judge's recommendation to dismiss the plaintiff's claims for failure to exhaust administrative remedies, granting the defendant's motion to dismiss.
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S.D. Fla.·
2024-01-27
The court held that the amended complaint was a shotgun pleading and failed to state claims under the Fair Housing Act, dismissing all counts with leave to amend.
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S.D. Fla.·
2024-01-26
A creditor's stated reason for adverse action under the ECOA is sufficient if it tracks approved sample forms, and falsity of the reason is not grounds for an inadequate notice claim. Federal courts may decline supplemental jurisdiction over state law claims after dismissing fede
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M.D. Fla.·
2024-01-23
The court held that Plaintiff's racial and disability discrimination claims could proceed, but her religious discrimination claims were dismissed with prejudice.
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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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The court held that the plaintiff sufficiently alleged Article III standing and stated a plausible claim under the Florida Telephone Solicitation Act, denying the motion to dismiss.
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M.D. Fla.·
2024-01-22
The court held that the amended complaint adequately stated claims for trademark infringement and unfair competition, but dismissed claims for injunctive relief and attorney's fees as standalone causes of action.
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M.D. Fla.·
2024-01-22
The court held that the plaintiff failed to state a plausible claim for deliberate indifference under the Eighth Amendment against Dr. Cordero and Centurion, and also failed to state a claim against the FDOC under the ADA and RA.
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The court held that the plaintiff stated a plausible Eighth Amendment claim against Defendant Garner for deliberate indifference to a known risk of harm, but dismissed the retaliation claim against Defendant Tomlin.
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S.D. Fla.·
2024-01-12
The court held that HMD's negligence claim against Q1 is preempted by the Federal Aviation Administration Authorization Act (FAAAA), and HMD failed to state a plausible claim for breach of contract.
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S.D. Fla.·
2024-01-10
The court held that the plaintiff plausibly alleged constructive notice of the dangerous condition through prior similar incidents and sufficiently stated claims for negligent maintenance, failure to warn, training, and design, but failed to adequately plead negligent supervision
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The court held that public defenders are not state actors for § 1983 claims, and claims against Lake County defendants failed for lack of policy/custom. Claims against the clerk were dismissed due to quasi-judicial immunity. Some retaliation claims against deputies remain.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and constituted a shotgun pleading, warranting dismissal.
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S.D. Fla.·
2023-12-28
Contractual interest, if integral to the contract and not merely a result of delay, can be included to satisfy the amount in controversy requirement for diversity jurisdiction.
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M.D. Fla.·
2023-12-22
The court adopted the magistrate judge's report, granting the defendant's motion to dismiss the amended complaint for failure to state a claim and to strike immaterial information.
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M.D. Fla.·
2023-12-19
The court held that the complaint stated plausible claims for trade secret misappropriation under DTSA and CFAA, and that state law claims for FDUTPA, breach of loyalty, unjust enrichment, and breach of contract were not preempted by FUTSA, but granted dismissal in part with leav
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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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S.D. Fla.·
2023-12-15
The court granted defendants' motion to stay discovery pending resolution of their motion to dismiss and a JPML ruling on consolidation, finding that the defendants raised colorable challenges to standing and pleading sufficiency, and that a stay would conserve judicial resources
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S.D. Fla.·
2023-12-12
Ball & Chain LLC and Taquerias, restaurants in Miami's Little Havana neighborhood, sued the City of Miami under Section 1983 alleging that City Commissioner Joe Carollo orchestrated a pattern of harassment through inspections, ordinances, and code enforcement actions motivated by
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M.D. Fla.·
2023-12-08
The court held that a motion for partial judgment on the pleadings must be denied when material issues of fact exist and partial dismissal would require disfavored judicial 'blue penciling'.
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S.D. Fla.·
2023-12-08
The court held that claims arising from the 2020 Email and 2021 Candidacy Letter are dismissed as untimely, but claims arising from the 2023 Letter survive the motion to dismiss.
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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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S.D. Fla.·
2023-11-21
The court held that the plaintiff lacked standing for declaratory and injunctive relief and that most of his damages claims were barred by sovereign immunity, dismissing the remaining claims for failure to state a claim or exhaust administrative remedies.
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M.D. Fla.·
2023-11-21
The court held that the plaintiff inmate failed to state a plausible claim for relief under 42 U.S.C. § 1983 for alleged violations of his First and Eighth Amendment rights.
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M.D. Fla.·
2023-11-17
The court denied the motion to dismiss, finding that a genuine dispute of material fact existed regarding whether mediation had concluded, and that the claim for declaratory relief was not duplicative.
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The court held that the plaintiff's civil rights claims are time-barred by the applicable four-year statute of limitations, and therefore the motion to dismiss is granted.
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S.D. Fla.·
2023-11-08
The court granted in part and denied in part the motion to dismiss and strike, dismissing Counterclaim I and III without prejudice, denying dismissal of Counterclaim II, and treating Affirmative Defense 13 as a denial.
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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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M.D. Fla.·
2023-11-03
The court held that the plaintiff failed to state plausible claims for relief in his complaint, as the allegations were too conclusory and lacked specific factual support.
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The court held that the plaintiff failed to state a plausible claim for relief under Title VII, the FCRA, or COBRA, warranting dismissal.
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The court held that the amended complaint failed to state a plausible claim under the FCRA because the alleged inaccurate Social Security Numbers do not constitute 'consumer report' information and the plaintiff failed to adequately plead a request for disclosure.
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Del. Super. Ct.·
2023-10-16
The Court denied the motion to dismiss the certiorari complaint, finding the claim was not time-barred due to exceptional circumstances arising from procedural ambiguity and lack of prejudice. The Court also denied the argument that Middlecap failed to exhaust administrative reme
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The court granted in part and denied in part the motion to dismiss, dismissing Count Two without prejudice for redundancy but allowing Counts One and Three to proceed.