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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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.
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M.D. Fla.·
2022-03-16
The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
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M.D. Fla.·
2022-03-08
The court held that the credit reports were not inaccurate or misleading when viewed in their entirety, and therefore the defendants did not violate the FCRA.
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M.D. Fla.·
2022-03-07
The court denied the defendant's motions to dismiss the receiver and for judgment, finding the motions either meritless or in violation of a court-ordered stay.
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Del. Ch.·
2022-03-01
The Court denied in part and granted in part the defendants' motions to dismiss. The Court found that the merger was not entitled to Corwin cleansing because the defendants, as interested stockholders, likely constituted a majority of the voting shares. The Court also found that
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The court held that the plaintiff's complaint sufficiently alleged facts to state a plausible claim for unpaid overtime wages and liquidated damages under the Fair Labor Standards Act, thus denying the defendants' motion to dismiss.
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The court held that the plaintiff's allegations were sufficient to state a plausible claim under the TCPA, and therefore the defendant's motion to dismiss was denied.
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S.D. Fla.·
2022-02-10
The court granted the motion to dismiss Counts V and VI of the amended complaint, finding that the plaintiff failed to state a claim under Florida's Sunshine Law and could not amend the complaint through a response to a motion to dismiss.
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M.D. Fla.·
2022-02-10
The court held that the plaintiff plausibly alleged an Eighth Amendment violation by prison medical staff for deliberate indifference to a serious medical need, and therefore denied the motion to dismiss.
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S.D. Fla.·
2022-02-04
The court held that a declaratory judgment complaint must be dismissed because the dispute is factual, not based on contractual ambiguity, and the plaintiff failed to allege performance of policy conditions, rendering the request for relief an advisory opinion.
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The court held that the complaint failed to establish federal question jurisdiction or diversity jurisdiction, and thus dismissed all counts.
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The court held that the plaintiff failed to state a claim for relief regarding the constitutionality of the Social Security Administration's structure because she did not plausibly allege that the statutory removal restriction on the Commissioner inflicted compensable harm.
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Del. Ch.·
2022-01-26
The Delaware Court of Chancery granted the defendants' motion to dismiss, holding that the merger was approved by an informed and uncoerced majority of stockholders, thus cleansing any alleged breaches of fiduciary duty and making the business judgment rule applicable. The court
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S.D. Fla.·
2022-01-25
The court denied the motion to dismiss, finding that the plaintiff adequately alleged breach of contract and breach of the covenant of good faith and fair dealing, and declined to strike class allegations at the pleading stage.
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M.D. Fla.·
2022-01-19
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
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The court held that plaintiff's failure to serve defendants within the required time period constituted insufficient service of process, warranting dismissal.
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S.D. Fla.·
2022-01-13
The court held that a prior dismissal with prejudice for claims based on Article 1 barred their reassertion, and that Article 2 did not constitute defamation by implication or republication, and was protected by fair reporting privileges.
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M.D. Fla.·
2022-01-10
The court held that the plaintiffs' allegations, taken as true, were sufficient to state a claim for breach of fiduciary duty under ERISA, and therefore denied the defendants' motion to dismiss.
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The court dismissed the complaint without prejudice, granting the plaintiff an opportunity to amend due to failure to state a claim under 42 U.S.C. § 1983.
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The court held that a stay of discovery is not warranted pending resolution of a motion to dismiss when the motion is not clearly meritorious or case dispositive, and dismissal may not be final.
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S.D. Fla.·
2022-01-05
A property owner who is not a party to a lender-placed insurance policy cannot sue for breach of contract as an omnibus insured or a third-party beneficiary if the policy language clearly indicates the insurance is for the lender's benefit and the owner's rights are limited.
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M.D. Fla.·
2022-01-04
The court held that the plaintiff's third amended complaint was a shotgun pleading and dismissed it with prejudice because the plaintiff had repeatedly failed to cure its deficiencies.
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M.D. Fla.·
2021-12-23
The court held that the defendants' counterclaim seeking a declaration of common law rights to use the name 'Short-E' was not redundant and should not be dismissed.
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S.D. Fla.·
2021-12-22
A third-party complaint for contractual indemnification need not allege the validity of the indemnification provision at the motion to dismiss stage, as long as it sufficiently states a plausible claim for relief.
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S.D. Fla.·
2021-12-19
The court held that Concourse's counterclaims were not wholly redundant to the insurer's complaint and affirmative defenses, but Count II for declaratory judgment was redundant to Count III for breach of contract.
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M.D. Fla.·
2021-12-09
The court held that the plaintiff failed to adequately plead his claims and dismissed the complaint without prejudice, granting him leave to amend.
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The court held that the plaintiff failed to state a claim upon which relief could be granted under Bivens or other applicable standards, and dismissed the complaint.
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The court denied the motion to dismiss the unpaid wages and retaliation claims, granted the motion to withdraw the notice of settlement, denied the motion for sanctions, and denied the motion to enforce settlement.
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Del. Ch.·
2021-12-03
The Delaware Court of Chancery dismissed the plaintiff's action to compel inspection of books and records under Section 220 of the Delaware General Corporation Law because the plaintiff lacked standing. The court held that Section 220(c) unambiguously requires a plaintiff to be a
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The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted and must be dismissed.
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M.D. Fla.·
2021-11-18
The court held that the Secretary of Labor sufficiently pled claims under the LMRDA, and therefore, the union's motion to dismiss was denied.
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Del. Super. Ct.·
2021-11-10
The Delaware Superior Court denied the defendant's motion to dismiss for lack of personal jurisdiction, finding that a forum selection clause in the employment agreement was valid and conferred jurisdiction. The court stayed the defendant's motion to dismiss for failure to state
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M.D. Fla.·
2021-11-03
The court held that the plaintiff's false arrest claim under § 1983 could proceed as it alleged a violation of a clearly established Fourth Amendment right, but dismissed the false imprisonment claim under the Fourteenth Amendment as it stemmed from the arrest and should be analy
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The court held that the plaintiff failed to state claims under LMRDA sections 411(a)(1) and 411(a)(2), but adequately stated claims under 411(a)(4) and 411(a)(5).
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The court held that the pro se plaintiff's complaint failed to state a claim upon which relief could be granted under Florida statutes and the False Claims Act.
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S.D. Fla.·
2021-10-27
The court held that a credit report accurately reflecting a zero balance and a closed account, even with historical past-due information prior to closure, is not misleading under the FCRA.
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S.D. Fla.·
2021-10-25
The court held that personal jurisdiction was established by service of process in Florida, the complaint stated a valid claim for defamation, the defendant was not a media defendant requiring pre-suit notice, and the plaintiff's company was not an indispensable party.
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M.D. Fla.·
2021-10-25
The court held that the plaintiff's amended complaint failed to state a plausible claim under 42 U.S.C. § 1983 for violations of his constitutional rights.
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S.D. Fla.·
2021-10-21
The court recommended denying the motion to dismiss the claim for fraud on the USPTO, finding the allegations sufficient to state a plausible claim.
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M.D. Fla.·
2021-10-20
The court held that the plaintiff failed to sufficiently allege ownership of service mark rights and prior use in commerce, and failed to plead sufficient facts to pierce the corporate veil or hold the individual defendant personally liable for infringement.
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S.D. Fla.·
2021-10-15
The court held that the amended complaint was a shotgun pleading because it failed to separate distinct causes of action into separate counts, warranting dismissal.
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M.D. Fla.·
2021-10-12
The court held that the plaintiff's claims for unpaid minimum and overtime wages under the FLSA and Florida Constitution were not time-barred and that proper pre-suit notice was provided.
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S.D. Fla.·
2021-10-08
The court granted in part the motion to dismiss the FDUTPA claim because the plaintiff failed to allege recoverable actual damages, but denied without prejudice the motion to dismiss the ADA claim for lack of standing, allowing the plaintiff to replead the FDUTPA claim.
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M.D. Fla.·
2021-10-07
A pending motion to dismiss, alone, is not sufficient grounds to stay discovery; the moving party must demonstrate unusual circumstances, prejudice, or undue burden.
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N.D. Fla.·
2021-10-06
The court held that an arbitration award from 'LAMP common law arbitration' is not enforceable because LAMP is a fraudulent, non-existent entity and there was no valid arbitration agreement. The court also granted sanctions against the pro se plaintiff.
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S.D. Fla.·
2021-10-04
The court held that a forum-selection clause in an employment agreement, not referenced in the complaint and not central to the claims, cannot be considered on a motion to dismiss. Venue is proper where defendants reside.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff failed to state a claim under § 1983 because his allegations did not establish deliberate indifference to a risk of serious harm, nor did they establish a causal connection for supervisory liability against PRIDE.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's proposed amended complaint failed to state a plausible claim for excessive force or to challenge pending criminal proceedings. The court granted a final opportunity to amend the excessive force claim.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was procedurally deficient.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff failed to state claims for fraud, RICO, conspiracy, unjust enrichment, and rescission due to insufficient factual allegations and contradictions with the contract.