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.·
2022-10-17
A federal prisoner must exhaust all available administrative remedies before filing a civil rights action, and failure to do so, particularly by missing deadlines for appeals, warrants dismissal.
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Del. Ch.·
2022-10-11
The court granted the motion to dismiss Plaintiff's claims for specific performance of the Merger Agreement and breach of fiduciary duties. Plaintiff lacked standing as a third-party beneficiary to enforce the Merger Agreement, as the "no third-party beneficiaries" clause, with i
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The court held that a plaintiff cannot sue an insurer directly for a tort unless a settlement or verdict has been obtained against the tortfeasor, and that the complaint failed to establish diversity jurisdiction.
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The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim and that the court lacked subject matter jurisdiction.
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The court held that the two-dismissal rule barred claims that were identical to prior dismissed actions, but not claims arising from later liabilities; it also found personal jurisdiction over one defendant but dismissed another non-existent entity.
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M.D. Fla.·
2022-10-03
A single instance of an inmate receiving an empty food tray and being refused adequate food does not state a claim for deliberate indifference to conditions of confinement under the Eighth Amendment.
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The court held that the plaintiff's civil rights claim was time-barred because it accrued more than four years before the action was filed.
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M.D. Fla.·
2022-09-26
Uniters North America and related entities sued ServeCo International entities for trademark infringement involving a counterfeit leather cleaner product. ServeCo counterclaimed with cybersquatting and trademark infringement claims based on the registration of www.serveco.net, wh
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M.D. Fla.·
2022-09-21
The court held that the third amended complaint, while containing some problematic incorporations, was not entirely a shotgun pleading, and granted dismissal in part while denying it in part, striking specific paragraphs rather than entire causes of action in most instances.
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The court held that the plaintiff's medical malpractice claims were barred by Florida's statute of repose, and therefore, the court lacked subject matter jurisdiction over the action.
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M.D. Fla.·
2022-08-25
A counterclaim alleging an insurer failed to settle within policy limits is a bad faith claim, not a breach of contract claim, and is not ripe until the underlying coverage dispute is resolved.
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A contractual limitation period shorter than the statutory period is void under Florida law, and a motion to dismiss is not the proper vehicle to challenge the type of damages sought.
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Del. Super. Ct.·
2022-08-24
The Court granted the motion to dismiss Count II (account stated) because the plaintiff failed to plead facts sufficient to support such a claim under Delaware law, and the claim was impermissibly duplicative of the breach of contract claim. Delaware law requires an express agree
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M.D. Fla.·
2022-08-23
The court held that the defendants' motions to dismiss based on illegibility and shotgun pleading were denied, as the complaint was legible and stated plausible claims for relief.
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M.D. Fla.·
2022-08-17
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against both defendants.
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The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim upon which relief can be granted and does not meet pleading requirements.
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M.D. Fla.·
2022-08-08
The court held that the plaintiff's amended complaint fails to state a claim for relief under the PLRA and is dismissed.
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M.D. Fla.·
2022-07-25
A claim for loss of consortium must be pleaded as a separate cause of action, not embedded within other claims. Other claims for breach of warranty, strict liability, and negligence survive a motion to dismiss.
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S.D. Fla.·
2022-07-24
The court held that it lacked both general and specific personal jurisdiction over the defendants, and therefore granted their motion to dismiss in part.
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The court held that the plaintiff failed to sufficiently allege a claim under Title III of the Americans with Disabilities Act (ADA) because the complaint focused on negligent actions rather than a barrier to access or discrimination based on disability. Consequently, the plainti
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The court granted in part and denied in part the defendant's motion to dismiss, dismissing one count but allowing others to proceed.
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Del. Ch.·
2022-07-08
The Court of Chancery granted the defendant's motion to dismiss, finding that the plaintiffs' claims for payment under the LLC Agreement were unripe and that their claims challenging the restrictive covenants lacked an actual controversy. The court dismissed the payment claim und
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M.D. Fla.·
2022-07-05
The court held that the plaintiff had exhausted administrative remedies for her discrimination and retaliation claims, but her retaliation claims were inadequately pleaded and dismissed without prejudice.
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Del. Ch.·
2022-06-29
The court held that the plaintiff's claims must be arbitrated before the NHL Commissioner, dismissing the action in favor of arbitration. The court found that the plaintiff, as a minority owner, was bound by the NHL Constitution and the 1999 Consent Agreement, which mandated arbi
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M.D. Fla.·
2022-06-24
The Court granted the motion to dismiss, finding that individual employees are not liable under Title VII or the ADEA, and that the defendant CEO lacked sufficient minimum contacts with Florida for personal jurisdiction.
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The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
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The court held that the plaintiff's amended complaint failed to state a claim and was properly dismissed with prejudice because it did not correct deficiencies in the original complaint, particularly regarding the particularity required for fraud claims under Rule 9(b) and the fa
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M.D. Fla.·
2022-06-08
The court held that the amended complaint, while showing some improvement, still suffers from deficiencies including shotgun pleading and failure to state claims, warranting dismissal without prejudice and an opportunity to amend.
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M.D. Fla.·
2022-05-31
The court held that the School Board's restriction of public comment during a specific agenda item did not violate the First Amendment because the forum was limited, the restriction was reasonable and viewpoint neutral, and state law cannot expand federal constitutional rights.
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M.D. Fla.·
2022-05-26
The court granted the motion to dismiss, finding plaintiffs failed to state plausible claims for rescission and breach of contract.
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S.D. Fla.·
2022-05-26
The court held that the plaintiffs' allegations sufficiently stated claims for retaliation, disparate treatment, and retaliatory hostile work environment, and that individual defendants could be held liable under § 1981.
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A victim of sex trafficking sought to hold Marriott International, Hilton companies, G6 Hospitality, and craigslist liable under the Trafficking Victims Protection Act for facilitating her exploitation from 2008 to 2019. The court dismissed the case, finding that the hotel compan
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S.D. Fla.·
2022-05-09
The court held that the plaintiff's claims against the School Board of Broward County must be dismissed with prejudice because the plaintiff conceded he was not asserting FTCA or Title VII claims, and 18 U.S.C. § 241 does not provide a civil cause of action.
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The court held that the plaintiff's amended complaint was deficient, failing to state a claim for relief and not providing fair notice to the defendants.
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S.D. Fla.·
2022-05-03
The court held that the accessibility of a defendant's website alone is insufficient to establish personal jurisdiction in Florida when the plaintiff does not reside in Florida and cannot demonstrate a nexus between the defendant's alleged infringing activities and an injury suff
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M.D. Fla.·
2022-05-03
The court held that the FMLA's employee numerosity requirement is not jurisdictional and that the plaintiff adequately pleaded FMLA interference and retaliation claims, but failed to plead a failure-to-accommodate claim under the ADA/FCRA.
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The court dismissed the plaintiff's excessive force claim without prejudice, allowing him to file an amended complaint. Claims against defendants in their official capacities were dismissed, and claims against two defendants in their individual capacities were dismissed for insuf
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M.D. Fla.·
2022-04-28
The court held that the plaintiff inmate failed to state a plausible claim under the Eighth and Fourteenth Amendments against two defendants, and that claims against two other defendants were dismissed for improper venue.
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The court denied the plaintiff's motion to stay litigation on attorney's fees and costs pending appeal, as the plaintiff failed to meet the necessary legal standards for granting a stay.
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M.D. Fla.·
2022-04-18
The court held that the plaintiff's claims regarding post-sale tampering with vehicle emission control systems are not preempted by the Clean Air Act, but dismissed claims based on a theory of inaction (failure to remove a defeat device) for failing to state a plausible claim.
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M.D. Fla.·
2022-04-14
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against either defendant.
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S.D. Fla.·
2022-04-11
The court held that the amended complaint sufficiently alleged claims under the Fair Labor Standards Act (FLSA) and denied the defendants' motion to dismiss and strike.
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M.D. Fla.·
2022-04-06
The court held that the plaintiff failed to state a plausible claim for relief under Bivens, as his case presented a new context and he had an adequate alternative remedy through the prison grievance procedure.
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S.D. Fla.·
2022-03-31
The court held that while the plaintiff had standing, the complaint failed to state a claim for relief beyond a single exemplar due to insufficient factual allegations.
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Cambridge Christian School challenged the Florida High School Athletic Association's denial of permission for the school to broadcast a pre-game prayer over the public address system at the 2015 Class 2A Football State Championship Final, arguing the restriction violated the Firs
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M.D. Fla.·
2022-03-28
The court denied the defendants' motion to dismiss, finding the plaintiff's claims for FMLA retaliation, age discrimination, and sex discrimination were plausible on their face.
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M.D. Fla.·
2022-03-28
The court held that the defendant detective was entitled to qualified immunity because probable cause existed to arrest the plaintiff, and therefore the plaintiff failed to state a claim for malicious prosecution under the Fourth Amendment.
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The court held that the plaintiff's complaint seeking economic impact payments was dismissed because the court lacked jurisdiction to determine eligibility and the statutory deadlines for receiving payments had passed.
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M.D. Fla.·
2022-03-21
Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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M.D. Fla.·
2022-03-16
The court held that Plaintiffs failed to establish standing for Jet ICU to bring an ERISA claim due to an anti-assignment clause in the plan and lack of proper assignment, and that the complaint failed to identify specific plan provisions for the claim.