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.·
2023-10-10
The court held that leave to amend the complaint should be granted because the proposed amended complaint was not clearly futile, and the motion to dismiss was therefore denied as moot.
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M.D. Fla.·
2023-10-05
The court held that the Sheriff's Office is not a suable entity, official capacity claims against deputies are duplicative, and false arrest and malicious prosecution claims are barred by Heck v. Humphrey because they would necessarily imply the invalidity of the plaintiff's conv
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M.D. Fla.·
2023-10-05
The court held that the complaint was a shotgun pleading and the libel claim was insufficiently pleaded, but granted leave to amend.
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M.D. Fla.·
2023-10-04
The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was due to be dismissed without prejudice.
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S.D. Fla.·
2023-10-03
The court held that the plaintiff's state-law negligence and wrongful death claim is preempted by the Montreal Convention because the injury occurred during international air travel.
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Del. Ch.·
2023-10-02
The Delaware Court of Chancery dismissed a stockholder derivative complaint for failure to plead demand futility. The court found that the plaintiffs failed to allege particularized facts demonstrating that a majority of the board of directors faced a substantial likelihood of li
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S.D. Fla.·
2023-09-29
The court held that the plaintiff failed to adequately plead that the defendants acted as unregistered brokers or dealers under the Exchange Act, and thus Count IV is dismissed with prejudice. Remaining state law claims are dismissed without prejudice due to lack of federal quest
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Del. Ch.·
2023-09-29
The Court of Chancery denied in part and granted in part the defendant's motion to dismiss. The court held that the Securities Purchase Agreement (SPA) did not bar the plaintiff's fraud claims because it lacked clear and unambiguous anti-reliance language and expressly carved out
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M.D. Fla.·
2023-09-29
The court held that Count III of the amended complaint fails to state a claim for fraud, invasion of privacy, and certain statutory violations due to insufficient pleading and lack of private right of action.
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M.D. Fla.·
2023-09-27
The court held that the plaintiff failed to state a plausible claim for false arrest or malicious prosecution because he did not allege a lack of probable cause for his arrest and his prosecution had not terminated in his favor.
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M.D. Fla.·
2023-09-27
The court held that the plaintiff failed to state a plausible claim for relief under the First and Fourteenth Amendments.
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M.D. Fla.·
2023-09-22
The court held that the plaintiff's claims failed to state a claim upon which relief could be granted and were therefore dismissed.
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The court denied the plaintiff's motion for default judgment against all defendants because the motion failed to address prior court orders and contained numerous deficiencies in pleading and proof.
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M.D. Fla.·
2023-09-21
The court held that the plaintiff failed to state plausible claims for relief under the First, Fourth, Eighth, and Fourteenth Amendments, and dismissed the complaint.
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M.D. Fla.·
2023-09-20
The court granted in part and denied in part the motions to dismiss, finding some claims sufficiently pleaded while others were barred by statute or doctrine.
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The court held that the pro se plaintiff stated a prima facie deliberate indifference claim against some defendants but dismissed the complaint without prejudice due to procedural defects, granting leave to amend.
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S.D. Fla.·
2023-09-18
The court denied the defendant's motion to dismiss, finding the complaint adequately pled claims for negligent and fraudulent misrepresentation.
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M.D. Fla.·
2023-09-15
The court held that claims against Doyle are dismissed for lack of subject matter jurisdiction due to Eleventh Amendment immunity, and claims against Guinand are dismissed with prejudice based on absolute immunity. Claims against Rives are dismissed for failure to state a plausib
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M.D. Fla.·
2023-09-08
The court held that the Equal Protection Clause of the Fourteenth Amendment does not recognize a cause of action for general retaliation, thus the plaintiff failed to state a claim.
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M.D. Fla.·
2023-09-06
The court held that receiving a single unsolicited pre-recorded marketing call can constitute a concrete injury sufficient for standing under the TCPA, and granted leave to amend the complaint.
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S.D. Fla.·
2023-09-05
The court held that the plaintiff failed to state claims for retaliation under the ADA, civil rights violations under 42 U.S.C. §§ 1981 and 1985, intentional infliction of emotional distress, and negligent infliction of emotional distress, dismissing these counts with prejudice.
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M.D. Fla.·
2023-08-31
The court held that the plaintiff failed to state a plausible claim for malicious prosecution under 42 U.S.C. § 1983 because probation violation proceedings are not criminal prosecutions and did not terminate in his favor. Additionally, civilian defendants are not state actors an
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Del. Super. Ct.·
2023-08-28
The Delaware Superior Court granted the Governor's motion to dismiss. The court held that the Governor is entitled to qualified immunity from damages for alleged violations of the U.S. Constitution because the law was not clearly established regarding the constitutionality of COV
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M.D. Fla.·
2023-08-25
The court held that the Second Amended Complaint failed to sufficiently plead that Marriott International, Inc. participated in a sex trafficking venture, but the allegations against CHM Naples II Hotel Partners LLC were sufficient to proceed.
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S.D. Fla.·
2023-08-24
The court held that the store manager was fraudulently joined and dismissed him, and that the complaint improperly commingled negligence theories as a shotgun pleading, warranting dismissal without prejudice.
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A request for leave to amend a complaint must be made by a formal motion, not embedded within a response to a motion to dismiss.
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S.D. Fla.·
2023-08-23
A class action lawsuit was brought against Burger King alleging that the company materially overstated the size and beef content of its burgers in advertisements and in-store menu boards, deceiving consumers into purchasing smaller products than depicted. The court granted Burger
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M.D. Fla.·
2023-08-17
The court held that the plaintiff's allegations of isolated verbal sexual harassment do not state a constitutional claim for relief.
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Del. Super. Ct.·
2023-08-11
The Delaware Superior Court denied the defendant's motion to dismiss the claim for tortious interference with prospective contractual relations, finding that the plaintiff had sufficiently alleged that the defendant exerted improper economic pressure as part of a scheme to take o
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Del. Super. Ct.·
2023-08-11
The Court denied the defendants' motions to dismiss. The Court found that it had subject matter jurisdiction because the plaintiff's subrogation claims, seeking monetary damages in tort for injuries allegedly caused by pharmaceutical products, were not preempted by ERISA, as they
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The court held that the plaintiff's amended complaint, which was nearly identical to prior futile attempts, failed to state a claim and was dismissed with prejudice.
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M.D. Fla.·
2023-08-08
The court held that the plaintiff's claims for race discrimination under 42 U.S.C. § 1981, FMLA retaliation and interference, and Florida's Private Whistleblower Act were insufficiently pleaded and dismissed them with leave to amend.
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S.D. Fla.·
2023-08-04
The court held that the defendant failed to establish contractual privity, thus the maritime economic loss rule does not bar the plaintiff's negligence claim at the motion to dismiss stage.
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S.D. Fla.·
2023-07-28
The court held that the statements made by CNN, even if critical or negative, were expressions of opinion or rhetorical hyperbole, not false statements of fact, and therefore not actionable as defamation under Florida law.
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M.D. Fla.·
2023-07-25
The court held that the plaintiff's pro se civil rights complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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The court held that the Plaintiff failed to exhaust administrative remedies for her Florida Civil Rights Act claim, but did sufficiently allege exhaustion for her Title II Civil Rights Act claim. The court also found the Plaintiff's allegations regarding disability under Title II
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The court held that Trendtex Holding has standing to sue for copyright infringement, but Trendtex Fabrics does not. Narmada Textile is not an indispensable party.
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The court held that the plaintiff adequately pleaded claims for breach of contract, unjust enrichment, and declaratory judgment, but the request for attorney's fees was properly stricken due to lack of legal basis.
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M.D. Fla.·
2023-07-14
The court held that the plaintiff's state law claims were preempted by ERISA because they "relate to" an employee benefit plan, and the alleged repricing agreement was not sufficiently separate and distinct from the ERISA plan.
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A class of investors sued accounting and fund administration firms for enabling a fraudulent hedge fund scheme through negligent misrepresentation, aiding and abetting fraud, and aiding and abetting breach of fiduciary duty. The court held that forum selection clauses in subscrip
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M.D. Fla.·
2023-07-05
Aaron Rothenberg sued FedEx Corporation alleging that FedEx personnel engaged in a multi-faceted conspiracy to assault, defame, invade his privacy, and inflict emotional distress upon him since 2018, bringing claims for defamation, assault, invasion of privacy, intentional inflic
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S.D. Fla.·
2023-06-28
The court held that a pro se plaintiff's complaint, which was six lines long and lacked factual allegations, failed to state a claim and was frivolous, warranting dismissal.
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The court held that the complaint must be dismissed for lack of subject matter jurisdiction because the plaintiffs failed to adequately allege diversity jurisdiction.
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The court held that defendants' motion to dismiss was procedurally improper for filing a second Rule 12 motion, and their motion to strike was denied because the challenged allegations were not redundant, immaterial, impertinent, or scandalous.
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M.D. Fla.·
2023-06-21
The court granted the motion to dismiss the counterclaim because it failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2023-06-21
Elias Makere, a Black former employee of Allstate, brought suit alleging race and sex discrimination, harassment, and retaliation occurring during and after his employment with the company. The district court dismissed most of Makere's claims, including his post-termination retal
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Plaintiff William E. Hattaway brought a securities fraud class action against medical device manufacturer Apyx Medical Corporation and two executives, alleging they made materially false statements and omitted material facts regarding the company's off-label product use and its f
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The court held that the defendants waived their right to assert the PLRA exhaustion defense by failing to raise it in their initial motion to dismiss.
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M.D. Fla.·
2023-06-09
The court held that the plaintiff failed to state a plausible claim for malicious prosecution under 42 U.S.C. § 1983 because probation violation proceedings are not criminal prosecutions and did not terminate in his favor, and civilian defendants are not state actors, while prose
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S.D. Fla.·
2023-06-05
The court held that the plaintiff adequately pled claims for defamation per se, defamation by implication, and conspiracy to defame, and therefore denied the defendants' motion to dismiss.