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.·
2021-09-30
The court held that the plaintiff did not qualify for in forma pauperis status due to sufficient income and assets, and her complaint failed to establish federal jurisdiction or state a claim due to lack of subject matter jurisdiction and the applicability of litigation privilege
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Del. Ch.·
2021-09-30
The Court granted defendants' motions to dismiss, holding that the plaintiff failed to plead that the private equity sponsors formed a control group, thus the challenged transaction was presumptively subject to the business judgment rule. Furthermore, the plaintiff lacked standin
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S.D. Fla.·
2021-09-30
The court held that the plaintiff failed to adequately plead violations of his First and Fourth Amendment rights, thus entitling the defendants to qualified immunity.
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S.D. Fla.·
2021-09-29
The court held that claims for wrongful death based on general negligence or negligent use of a firearm fail because the alleged facts describe intentional conduct, not a lack of due care. Claims for negligent training, retention, or supervision also fail for lack of specific fac
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M.D. Fla.·
2021-09-17
The Court denied all motions to dismiss, finding that the receiver's claims for fraudulent transfers and unjust enrichment were sufficiently stated and that jurisdiction, venue, and service of process were proper.
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M.D. Fla.·
2021-09-17
The court held that Plaintiff adequately pleaded claims for denial of benefits and breach of fiduciary duty under ERISA, but dismissed the claim against Express Scripts for failure to monitor.
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The court held that The Orchards Condominium Association, Inc. failed to plead actual damages in its counterclaim for violation of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).
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S.D. Fla.·
2021-09-15
The court held that the insurer was only obligated to pay the actual 'Buy-Out Expense' incurred by the owner, which was limited to the guaranteed payment amount, not the maximum potential policy coverage.
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S.D. Fla.·
2021-09-14
The court held that the plaintiff failed to state a claim under the FDCPA and FCCPA because he did not sufficiently allege a consumer debt and the defendants provided adequate debt validation, and the FCCPA claim was barred by the litigation privilege.
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M.D. Fla.·
2021-09-13
The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend, and denied the defendants' motions to dismiss as moot.
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The court held that the third-party complaint was improperly joined under Rule 14 and failed to state a claim for breach of contract due to lack of recoverable damages and failure to allege attorney incompetence.
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M.D. Fla.·
2021-09-08
The court held that the plaintiff's amended complaint failed to state a claim for relief under RICO and constitutional law because it lacked sufficient factual allegations for predicate acts and municipal liability.
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M.D. Fla.·
2021-09-03
The court held that claims against Officer Gerow and Dr. Espino must be dismissed for failure to state a claim upon which relief can be granted.
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M.D. Fla.·
2021-09-02
The court held that the Hillsborough County Sheriff's Office is an improper defendant and that the plaintiff's complaint, containing vague and conclusory allegations, failed to state a claim under federal or state law, but granted leave to amend.
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M.D. Fla.·
2021-09-01
The court held that the Plaintiff's claim under Florida's Whistle-blower's Act (Count I) could proceed, but his First Amendment retaliation claim (Count V) and Due Process claim (Count VI) were dismissed.
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M.D. Fla.·
2021-08-30
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted due to vague and conclusory allegations, and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2021-08-30
The court held that the defendant's statements did not identify the plaintiff, thus failing to state a claim for defamation per se, and granted the motion to dismiss.
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S.D. Fla.·
2021-08-27
The Court granted in part Defendant Bank of America Corporation's Motion to Dismiss, finding the Plaintiff's Complaint to be a classic shotgun pleading that failed to provide adequate notice of the claims against the defendants.
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M.D. Fla.·
2021-08-27
The court held that the amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted.
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The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead predicate acts of racketeering activity or a pattern of such activity.
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M.D. Fla.·
2021-08-19
The court held that the plaintiff's claims were not administratively barred, but dismissed some claims for failure to state a claim with prejudice.
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M.D. Fla.·
2021-08-18
The court held that the plaintiff failed to state a plausible claim for relief in Counts II and IV of his amended complaint, as he did not identify the specific constitutional right infringed or the statutory basis for his claims.
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M.D. Fla.·
2021-08-13
The court held that Plaintiff failed to state a claim against Poppell and Sawyer regarding the disciplinary policy, but may proceed with procedural due process claims against Porfert, McCawley, and Carner.
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The court held that the relator failed to state a claim under the False Claims Act for presentment of false claims, false records/statements, and reverse false claims due to insufficient particularity in pleading. However, the court granted leave to amend the retaliation claim.
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M.D. Fla.·
2021-08-11
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state plausible claims for relief on most counts, granting the motion to dismiss.
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S.D. Fla.·
2021-08-10
The court held that the plaintiff sufficiently pleaded that his speech involved a matter of public concern, but deferred the Pickering balancing test and qualified immunity determination to summary judgment, thus denying dismissal of the claim against the individual defendant. Ho
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A prisoner who is a "three-striker" under 28 U.S.C. § 1915(g) must prepay the entire filing fee and cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
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S.D. Fla.·
2021-07-27
The court held that the amended complaint plausibly alleged trafficking in confiscated property and that the plaintiffs sufficiently pleaded scienter and actionable ownership interests for the purpose of a motion to dismiss.
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S.D. Fla.·
2021-07-26
The court held that the defamation claim was dismissed due to insufficient pre-suit notice, and the tortious interference and trade libel claims were dismissed under the single action rule, but the FDUTPA claim survived.
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M.D. Fla.·
2021-07-26
The court held that a claim against a school superintendent in his official capacity is duplicative of a claim against the school board and that the plaintiff failed to plausibly allege the superintendent was the final decisionmaker for the demotion.
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The court held that the plaintiff's complaint must be dismissed for insufficient service of process and for being a shotgun pleading, but granted leave to amend.
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The court held that it was premature to deny a motion to amend a complaint based on futility due to choice of law issues, as further briefing and factual development were needed.
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M.D. Fla.·
2021-07-21
A pro se litigant cannot represent others in a class action, and the plaintiff's individual complaint failed to state a claim upon which relief could be granted.
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The court held that the plaintiff's claims were properly dismissed because the malicious prosecution claim was barred by Heck v. Humphrey, the due process claims were barred by prosecutorial immunity, and the state law claims were dismissed for lack of subject matter jurisdiction
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Del. Ch.·
2021-07-15
The Court of Chancery denied the defendants' motion to dismiss claims for breach of fiduciary duty and unjust enrichment, finding that derivative plaintiffs owe fiduciary duties to the corporation and its stockholders and can be held liable for improper withholding of derivative
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M.D. Fla.·
2021-07-14
The court held that the complaint sufficiently stated claims for trademark infringement and unfair competition, but that Short-E LLC lacked standing to pursue certain federal claims.
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M.D. Fla.·
2021-07-12
The court held that the Sheriff's motion to dismiss based on sovereign immunity and insufficient pleading should be denied, as the plaintiff sufficiently pleaded claims against the Sheriff for the Deputy's actions.
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S.D. Fla.·
2021-07-08
The court granted in part and denied in part the motion to dismiss Chase's counterclaim, dismissing the declaratory judgment claim as duplicative but allowing the interpleader claim to proceed.
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M.D. Fla.·
2021-06-29
The court denied the defendants' motion to dismiss, finding that the plaintiff's claims were sufficiently pleaded and that factual development was necessary.
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M.D. Fla.·
2021-06-29
The court held that the defendant's motion to dismiss should be denied because the plaintiff's complaint alleged sufficient factual detail to state a plausible claim for relief, and the relationship-forming documents did not refute the claims at the pleading stage.
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M.D. Fla.·
2021-06-17
The court held that the plaintiff's amended complaint contained sufficient allegations to support a plausible inference of gender discrimination, harassment, and retaliation under Title VII, thus denying the motion to dismiss.
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S.D. Fla.·
2021-06-16
The court held that the TCPA's government-debt exception was severable, preserving federal question jurisdiction, and that while some TCPA claims could proceed, others were dismissed for lack of standing.
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S.D. Fla.·
2021-06-14
A claim for unjust enrichment can be pleaded in the alternative to a breach of contract claim, even when an express contract exists, if the damages sought fall outside the scope of the contract.
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The court held that the plaintiffs' amended complaint sufficiently pleaded claims under Federal Rules of Civil Procedure 8(a)(2) and 9(b), and therefore denied the defendants' motions to dismiss.
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M.D. Fla.·
2021-06-10
The court held that the defendants' motions to dismiss the third amended complaint should be denied as to all counts.
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Del. Ch.·
2021-06-09
The court granted SF Motors' motion to dismiss all claims against it, finding that plaintiffs failed to adequately allege knowing participation in any fiduciary breaches. The court denied Jefferies' motion to dismiss the aiding and abetting breach of fiduciary duty claim and the
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S.D. Fla.·
2021-06-08
The court granted in part and denied in part the motion to dismiss, finding the Fourth Amendment claim against the officer could proceed, but the Fourteenth Amendment claim, Monell claims against the City, and state law assault/false imprisonment claims were dismissed.
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Del. Ch.·
2021-06-07
The Court of Chancery denied in part Defendant's motion to dismiss, allowing the breach of contract claim concerning the intent to avoid the earnout to proceed. The Court granted the motion to dismiss the claims for breach of the implied covenant of good faith and fair dealing, f
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Del. Super. Ct.·
2021-06-03
The Delaware Superior Court granted in part and denied in part Plaintiff's motion to dismiss Defendants' counterclaims. The court denied the motion to dismiss the breach of contract counterclaim, finding that the allegations, including the claim for disgorgement of fees paid for
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Del. Ch.·
2021-06-01
The Delaware Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiff's claims were derivative and that the plaintiff lacked standing to bring them. The court found that the plaintiff failed to meet the requirements for bringing a derivative action,