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.·
2023-06-05
The court granted the motion to strike the expert declaration and denied the motion to dismiss, finding the patent claims were not directed to an unpatentable abstract idea.
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The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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S.D. Fla.·
2023-05-22
The court denied the plaintiff's motion for reconsideration because the plaintiff failed to demonstrate a basis for relief under Rule 60(b) and had adequate notice of the personal jurisdiction issue.
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S.D. Fla.·
2023-05-18
The court held that the plaintiff failed to plausibly allege a pattern of racketeering activity required for a civil RICO claim, specifically regarding both closed-ended and open-ended continuity.
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The court held that a motion to dismiss the original complaint is moot once an amended complaint is filed, and the defendant has not shown grounds for dismissal of the amended complaint.
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M.D. Fla.·
2023-05-12
A private defense attorney is not a state actor for purposes of a § 1983 claim, and therefore, a prisoner cannot sue their attorney under this statute for ineffective assistance.
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M.D. Fla.·
2023-05-09
The court held that it lacked subject matter jurisdiction because the plaintiffs' claims, though referencing federal constitutional rights, were pleaded as state-law torts and did not raise substantial federal questions.
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M.D. Fla.·
2023-05-02
The court held that an HOA can be liable under the FCCPA and that attorney fees can be considered 'debt' under both the FDCPA and FCCPA, denying the motion to dismiss.
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Del. Ch.·
2023-05-01
The Court of Chancery recommended granting the motion to dismiss in part and denying the motion to amend. Counts for breach of the implied covenant, promissory estoppel, and specific performance were recommended for dismissal. Claims for breach of the written agreement and fraudu
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M.D. Fla.·
2023-04-24
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state claims for disparate treatment and hostile work environment, and that some claims were not administratively exhausted.
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Del. Ch.·
2023-04-19
The court granted in part and denied in part the defendant's motion to dismiss. Claims arising from the 2015 lease term were dismissed as time-barred due to the three-year statute of limitations. The claim for reformation was dismissed for failure to adequately plead the elements
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M.D. Fla.·
2023-04-18
A franchisor's receipt of royalty fees and room revenue does not constitute participation in a sex trafficking venture under the TVPRA when the complaint alleges only that the franchisor failed to prevent trafficking or took ineffective steps to stop it. Failure to affirmatively
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The court held that the plaintiff's copyright infringement claim was timely filed under the discovery rule, and Zomato.com was not an indispensable party, thus denying the motion to dismiss.
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The court held that it had specific personal jurisdiction over Best Western International (BWI) and denied BWI's motion to dismiss for lack of jurisdiction and failure to state a claim regarding the "knowingly benefited" and "participation in a venture" elements of the TVPRA clai
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S.D. Fla.·
2023-04-05
The court held that Plaintiffs Garcia and Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions. The Attorney General and Chief Financial Officer are proper defendants.
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S.D. Fla.·
2023-04-04
The court denied defendants' motions to dismiss, finding that the DIG tokens could be considered investment contracts under the Howey test and that the complaint sufficiently alleged primary violations and aiding and abetting liability.
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Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted Bayer AG's motion to dismiss Merck & Co., Inc.'s complaint, holding that the Stock and Asset Purchase Agreement (SAPA) unambiguously allocated to Merck the sole and indefinite liability for product liability claims arising from products sold
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M.D. Fla.·
2023-03-28
A plaintiff must allege facts sufficient to establish probable cause for at least one offense to survive a motion to dismiss a Fourth Amendment false arrest claim.
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S.D. Fla.·
2023-03-24
A motion to dismiss cannot resolve factual disputes regarding the sufficiency of submitted repair orders.
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The court denied defendants' motions to dismiss and strike, finding that the trusts could be considered securities and that the SEC had adequately pleaded its claims.
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M.D. Fla.·
2023-03-22
The court held that it lacked personal jurisdiction over one defendant, Lintbells Ltd., but denied the motion to dismiss for failure to state a claim on most of the plaintiffs' false advertising allegations.
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The court held that the defendant's motion to dismiss, which attacked the plaintiff's standing by disputing the merits of the underlying breach of contract claim, was premature and therefore denied.
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M.D. Fla.·
2023-03-16
A pretrial detainee who voluntarily waives the right to counsel in a pending criminal case has no constitutional right to access law libraries or other legal materials to aid in his self-representation.
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M.D. Fla.·
2023-03-15
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 adequately pleaded standing and stated a claim under the Medicare Secondary Payer Act and for breach of contract, but dismissed the declaratory judgment count as duplicative.
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M.D. Fla.·
2023-03-14
The court granted in part and denied in part the motion to dismiss, dismissing the injunction and tortious interference claims but allowing the breach of contract and trade secret misappropriation claims to proceed.
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S.D. Fla.·
2023-03-08
The court held that the defendants' motion to dismiss was granted in part and denied in part, dismissing some claims with prejudice and others without prejudice, and requiring an amended complaint.
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M.D. Fla.·
2023-03-08
The court held that the plaintiff's RICO claim is barred by Heck v. Humphrey, and his § 1983 claims fail to state a plausible claim for relief due to vague allegations and failure to allege specific constitutional deprivations.
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M.D. Fla.·
2023-03-03
The court held that the plaintiff's claims for unseaworthiness, retaliatory discharge, and maintenance and cure were sufficiently pleaded to survive a motion to dismiss.
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Befaithful Coker, a community activist, sued multiple defendants, including city officials, a judge, and private citizens, alleging that they retaliated against her when the Lake City Council initially appointed but then refused to seat her on the council after she made public di
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S.D. Fla.·
2023-02-28
RediBag, a commercial goods supplier, sued defendants for approximately $9.1 million in damages after discovering that hand sanitizer it purchased and resold during the COVID-19 pandemic was manufactured using methanol-contaminated Mexican alcohol rather than the FDA-approved Ame
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M.D. Fla.·
2023-02-27
The court held that the amended complaint sufficiently alleged facts to support claims for punitive damages and negligence, but improperly commingled claims in Count I, warranting dismissal without prejudice.
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M.D. Fla.·
2023-02-17
The court held that state law claims related to an ERISA plan are preempted unless they are based on an agreement entirely separate from the plan, and that while breach of contract claims may proceed if the agreement is distinct, equitable claims survive dismissal at this stage.
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M.D. Fla.·
2023-01-31
The court held that the Third Amended Complaint was an impermissible shotgun pleading as to some defendants and failed to establish supervisory liability or municipal liability as to others, warranting dismissal.
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Del. Ch.·
2023-01-24
The Court granted Defendant Douglas Merrill's motion to dismiss, finding that the plaintiff failed to state a claim for breach of the duty of loyalty. The Court held that the allegations regarding Merrill's personal relationship with another director, Per Iversen, were insufficie
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S.D. Fla.·
2023-01-03
The court held that the declaratory judgment claim regarding past conduct was moot, but the claim concerning signatory status could proceed, and the gross negligence claim failed to state a cause of action.
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M.D. Fla.·
2022-12-21
A supervisor cannot be held liable under § 1983 for subordinates' actions unless they personally participated or there's a causal connection, and mere negligence does not violate the Constitution.
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M.D. Fla.·
2022-12-20
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was subject to dismissal under the PLRA.
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Del. Super. Ct.·
2022-12-16
The Delaware Superior Court denied the defendant's motion to dismiss the plaintiff's claims for breach of contract, unjust enrichment, and promissory estoppel. The court found that the plaintiff had adequately pleaded each claim under Ohio law, accepting the factual allegations a
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M.D. Fla.·
2022-12-14
Plaintiff Ashley Allen, a Jacksonville University student, sued the school for breaching implied contracts to provide in-person instruction, campus access, and on-campus services during the 2020 spring semester when JU moved classes online and closed campus facilities in response
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M.D. Fla.·
2022-12-13
The Court granted in part and denied in part Walmart's motion to dismiss, allowing strict liability claims to proceed but dismissing negligence claims without prejudice.
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M.D. Fla.·
2022-12-09
The court held that the plaintiff's claims against the judge, public defender, and prosecutor failed to state a claim upon which relief could be granted due to immunity doctrines and lack of factual support for conspiracy allegations.
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M.D. Fla.·
2022-12-09
The court held that individual defendants cannot be sued for employment discrimination under Title VII, ADA, or ADEA, and that Plaintiff's claims against Ralph Smith individually are dismissed. The court also found that Plaintiff's claims against CMG were not time-barred and that
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S.D. Fla.·
2022-12-06
The Court held that the Plaintiffs' allegations were sufficient to state a claim for municipal liability under Section 1983, and that they had standing for injunctive and declaratory relief.
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A pro se litigant cannot represent others in a class action, and a complaint alleging denial of access to courts must demonstrate actual injury or hindrance to pursuing a legal claim.
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S.D. Fla.·
2022-11-29
The court accepted the magistrate judge's report and recommendation, denying the defendants' motion to dismiss the first amended complaint.
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S.D. Fla.·
2022-11-07
The court denied plaintiffs' motions for reconsideration, finding no clear error in prior orders dismissing their complaint without prejudice.
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Del. Ch.·
2022-10-31
The Court granted in part and denied in part the defendants' motions to dismiss. Claims against Foresight and Chicago Pacific were dismissed entirely. Claims against the Company were dismissed in part, with several of Hudson's breach of contract claims surviving pleading-stage re
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The court held that allegations regarding unsolicited telephonic sales calls for educational services are sufficient to state a claim under the Florida Telephone Solicitation Act (FTSA), and that the defendant's motion to strike certain allegations was not warranted.
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M.D. Fla.·
2022-10-18
The court held that the plaintiff's allegations were insufficient to state a claim for excessive force, and thus granted the defendant's motion to dismiss.