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.·
2021-05-28
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted due to being a shotgun pleading and lacking specific factual allegations against defendants. The court also found that certain claims, like property deprivation
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M.D. Fla.·
2021-05-27
The court held that the University of South Florida Board of Trustees is immune from suit in federal court under the Eleventh Amendment for state law claims, and that the federal claims failed to state a claim upon which relief could be granted.
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The court held that the plaintiff's repeated lawsuits, identical to previously adjudicated cases, are barred by the Rooker-Feldman doctrine and res judicata, and therefore granted motions to dismiss and enjoined the plaintiff from filing further actions without leave of court.
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M.D. Fla.·
2021-05-20
The court held that the plaintiff's pro se complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-05-11
A pretrial detainee's complaint alleging constitutional violations by a sheriff's office is subject to dismissal if the office is not a suable entity and if administrative remedies were not exhausted.
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M.D. Fla.·
2021-05-10
The complaint states a claim under 18 U.S.C. § 1595(a) by alleging that defendants participated in a venture by renting rooms to individuals they knew or should have known were engaged in sex trafficking, that they knowingly benefited financially from such rentals and related ser
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M.D. Fla.·
2021-05-06
The court held that the plaintiff's complaint must be dismissed because he sued an entity not amenable to suit and failed to state a claim for deliberate indifference, nor did he exhaust administrative remedies.
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A victim of sex trafficking sued Wyndham Hotels & Resorts and the owner of a Super 8 hotel franchise, alleging she was trafficked at their property from 2014 to 2016 and asserting claims under the Trafficking Victims Protection Act, Florida RICO, premises liability, negligent hir
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M.D. Fla.·
2021-05-05
The court held that Valerie Collum's counterclaim against American General Life Insurance Company was preempted by ERISA and failed to state a claim under Florida law for negligence, and was also duplicative of the interpleader action.
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M.D. Fla.·
2021-05-04
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983, as his allegations amounted to negligence rather than deliberate indifference and did not establish supervisory liability.
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S.D. Fla.·
2021-05-04
The court held that the plaintiff failed to allege facts sufficient to establish direct physical loss or damage to its property, which is required to trigger coverage under the insurance policy for COVID-19 related claims.
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The Court held that the pro se plaintiff's complaint failed to state a plausible claim and lacked subject-matter jurisdiction, warranting dismissal without prejudice.
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The court held that the plaintiff's complaint sufficiently stated a claim for bad faith insurance practices, and the Civil Remedy Notice substantially complied with statutory requirements.
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M.D. Fla.·
2021-04-27
The court held that the arrest report could not be considered on a motion to dismiss because it was not attached to the complaint and its contents were disputed. The court also found that the plaintiff's allegations, if true, stated a claim for excessive force against Officer Gon
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M.D. Fla.·
2021-04-09
The court held that the complaint sufficiently alleged a policy or custom of deliberate indifference to medical needs, and therefore denied the sheriff's motion to dismiss on those grounds, deferring the issue of causation.
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The court held that Agrosale's third-party claims against the Caribbean Produce Parties were not properly brought under Rule 14 because they were not dependent on the outcome of the main action, and that Agrosale's proposed amendment was futile.
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The court held that the plaintiffs' complaint failed to state a claim for tortious interference with a business relationship because a potential lawsuit is not a business relationship and damages based on speculation are not recoverable.
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The court held that the plaintiff's Second Amended Complaint failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
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The court granted defendants' motion to dismiss, finding plaintiffs lacked standing to bring their claims.
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Del. Ch.·
2021-03-24
The Court granted the motion to dismiss Count III (declaratory judgment on contribution) as unripe, finding that the contribution claim had not been asserted and future events could obviate the need for judicial intervention. The Court denied the motion to dismiss Counts I (indem
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The court denied the motion to proceed in forma pauperis and dismissed the complaint with leave to amend due to procedural and pleading deficiencies.
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S.D. Fla.·
2021-03-16
The court held that the plaintiff's complaint seeking injunctive relief was barred by collateral estoppel because the issues were already litigated and decided in a prior arbitration proceeding confirmed by the court.
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M.D. Fla.·
2021-03-12
The court held that the plaintiff's amended complaint sufficiently stated claims for violation of the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, denying the defendants' motion to dismiss.
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Del. Super. Ct.·
2021-03-10
The Court granted the defendant's motion to dismiss, holding that the plaintiff's breach of contract claim was time-barred by a one-year contractual limitations period in the Stock Purchase Agreement. The Court further held that the plaintiff's fraud claim failed because it was n
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M.D. Fla.·
2021-03-08
The court denied the defendant's motions to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
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M.D. Fla.·
2021-03-04
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
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M.D. Fla.·
2021-03-04
The court denied defendant's motion to dismiss the Florida RICO claim, finding the complaint adequately alleged an association-in-fact enterprise with a common purpose to profit from sex trafficking, a pattern of criminal activity involving multiple human trafficking predicate ac
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M.D. Fla.·
2021-03-04
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and
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M.D. Fla.·
2021-03-02
The court held that it lacked personal jurisdiction over the banking defendants but had jurisdiction over Pollick, and that amendment of claims against Scognamiglio would be futile, warranting dismissal.
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M.D. Fla.·
2021-02-26
The court denied the defendant's motion to dismiss, finding that the plaintiff's claims were not barred by the litigation privilege and that the defendant failed to establish that a former landlord was an indispensable party whose absence warranted dismissal.
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M.D. Fla.·
2021-02-24
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Florida RICO statute, premise liability, negligent hiring, supervision, and retention, and negligent rescue.
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M.D. Fla.·
2021-02-24
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
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The court held that the defendant's motion to dismiss and strike should be denied as the complaint sufficiently pleads claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
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The court adopted the magistrate's report, granting dismissal for several counts while denying dismissal for others, and affirmed supplemental jurisdiction over related state law claims.
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M.D. Fla.·
2021-02-17
The court granted in part and denied in part the motions to dismiss counterclaims and strike affirmative defenses, allowing the Lawyer Defendants one final opportunity to amend their pleadings.
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M.D. Fla.·
2021-02-16
The court held that the plaintiff's claims for false arrest and First Amendment retaliation failed to state a plausible claim for relief and were dismissed.
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The court held that the plaintiff's complaint, even when construed liberally, failed to state a plausible claim for relief and did not comply with pleading rules.
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M.D. Fla.·
2021-02-03
The court held that the complaint was a shotgun pleading and failed to state a claim under the Fourteenth Amendment, but denied the motion to stay as moot.
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An insurance company regulated by the Department of Financial Services is statutorily exempt from liability under the Florida Deceptive and Unfair Trade Practices Act, regardless of the specific activity at issue.
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Del. Ch.·
2021-01-29
The Court of Chancery denied in part and granted in part defendants' motions to dismiss. The court found that the complaint sufficiently pleaded claims for breach of fiduciary duty against Cagnazzi and for aiding and abetting breaches of fiduciary duty against LionTree and BCP. H
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M.D. Fla.·
2021-01-27
The court held that a restaurant's losses due to COVID-19 business closures are not covered by its insurance policy because they do not constitute direct physical loss or damage to property.
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Del. Super. Ct.·
2021-01-26
The court denied Syneos' motion to dismiss Odonate's breach of contract counterclaim, finding that Rule 12(b)(6) does not permit piecemeal dismissal of individual theories within a single claim. However, the court granted Syneos' motion to dismiss Odonate's counterclaims for brea
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S.D. Fla.·
2021-01-21
The court held that the plaintiff sufficiently alleged a plausible claim for Title VII retaliation, and therefore denied the defendant's motion to dismiss.
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M.D. Fla.·
2021-01-21
The court held that the Second Amended Complaint failed to state a claim under the False Claims Acts due to insufficient pleading of a kickback scheme and the presentment of false claims, but granted leave to amend.
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S.D. Fla.·
2021-01-14
The court held that the plaintiff's Second Amended Complaint constituted a shotgun pleading and failed to state actionable claims, and that the plaintiff's attempts to disqualify opposing counsel were unwarranted and denied.
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The court dismissed the case because it lacked subject matter jurisdiction and the Rooker-Feldman doctrine barred review of the state court's judgment.
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S.D. Fla.·
2021-01-11
The court held that the plaintiff failed to allege facts sufficient to trigger coverage under the insurance policy for business interruption losses related to COVID-19.
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S.D. Fla.·
2021-01-08
The court held that the plaintiff sufficiently pleaded seaman status and her claims for Jones Act negligence, maintenance and cure, unseaworthiness, and false imprisonment to survive a motion to dismiss.
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The district court lacks subject matter jurisdiction to review claims challenging an alien's removal order or the proceedings leading to it, as these are exclusively vested in the courts of appeals under the Immigration and Nationality Act.
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M.D. Fla.·
2020-12-18
The court dismissed most claims for failure to state a claim or pleading deficiencies, granting leave to amend for some counts.