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.·
2020-12-17
The court held that a business interruption claim under an all-risk insurance policy requires a direct physical loss or damage to property, which was not alleged by the plaintiff.
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Del. Super. Ct.·
2020-12-16
The court granted the defendant's motion to dismiss Count 2 of the plaintiff's complaint. The court found that the plaintiff's request for a declaratory judgment was an improper request for an advisory opinion because there was no actual controversy. The plaintiff admitted that C
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Del. Super. Ct.·
2020-12-16
The court held that the plaintiff failed to state a claim for negligence against the animal shelter under Restatement (Second) of Torts §§ 315 and 323 because no special relationship existed and the shelter did not undertake services for the plaintiff's direct protection. However
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Del. Ch.·
2020-12-14
The Delaware Court of Chancery denied SoftBank Group Corp. (SBG) and SoftBank Vision Fund (AIV M1) L.P.'s (Vision Fund) motions to dismiss The We Company's complaint. The court held that The We Company has standing to sue for alleged breaches of the Master Transaction Agreement (
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M.D. Fla.·
2020-12-14
The court held that the plaintiff failed to establish standing for most of her claims and failed to state a claim under Rule 12(b)(6) for others, primarily because she did not demonstrate a concrete injury-in-fact or causation for the alleged COBRA violations.
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The court granted the motion to dismiss claims against KAR and ADESA for lack of personal jurisdiction and dismissed Counts I-VI for improper joinder and as compulsory counterclaims.
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M.D. Fla.·
2020-12-03
The court held that the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs under the Eighth Amendment and failed to allege facts supporting an equal protection claim under the Fourteenth Amendment.
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M.D. Fla.·
2020-12-03
The court held that a Bivens claim for a First Amendment violation in a new context, particularly concerning prisoner litigation, is disfavored and should be dismissed.
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S.D. Fla.·
2020-12-03
The court held that the plaintiff's amended complaint sufficiently alleged claims for violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and unjust enrichment, denying the defendants' motion to dismiss.
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M.D. Fla.·
2020-11-29
The court held that the plaintiff failed to state a claim under the Electronic Fund Transfers Act (EFTA) and the Florida Consumer Collection Practices Act (FCCPA) because the defendant credit union had a superior statutory lien to collect a debt. The court granted the motion to d
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S.D. Fla.·
2020-11-18
The court held that the defendant is not entitled to judgment on the pleadings for the plaintiff's common law unfair competition claim, as the complaint sufficiently alleged competition in the dietary supplement market.
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S.D. Fla.·
2020-11-01
The court held that the plaintiffs failed to allege facts sufficient to state a claim for coverage under the insurance policy, as they did not plead direct physical loss or damage to the covered property. Consequently, the motion to dismiss was granted.
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M.D. Fla.·
2020-10-27
The court held that the plaintiffs failed to state claims for fraudulent inducement, violation of FDUTPA, rescission, and civil conspiracy against Pawnee Leasing Corporation.
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S.D. Fla.·
2020-10-23
The court held that the parties agreed to arbitrate arbitrability, and thus disputes regarding the interpretation, applicability, and enforceability of the arbitration agreement are for the arbitrator, not the court, to decide.
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M.D. Fla.·
2020-10-21
The court held that the plaintiff's allegations sufficiently pleaded a failure-to-train claim against the Sheriff under Monell, precluding judgment on the pleadings.
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The court held that the 120-day waiting period under 5 U.S.C. § 7702(e)(1)(B) is a strict claims-processing rule, not a jurisdictional prerequisite, and a regulation cannot toll this period. Therefore, the plaintiff's civil action was timely filed.
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The court held that the plaintiff's complaint failed to state a claim for an Eighth Amendment violation because the allegations amounted to simple negligence, not deliberate indifference.
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M.D. Fla.·
2020-10-06
The court held that statutory bad faith claims are premature and must be dismissed without prejudice until the underlying uninsured motorist coverage claims are resolved.
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M.D. Fla.·
2020-10-01
The court held that the plaintiff inmate failed to state a plausible claim for relief under the First, Fourth, Fifth, and Eighth Amendments, and dismissed the case without prejudice.
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The court held that the plaintiff's filing failed to state a claim and lacked subject matter jurisdiction, warranting dismissal.
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The court held that a plaintiff proceeding in forma pauperis must state a plausible claim for relief, and this complaint failed to allege sufficient facts to establish the cruise line's notice of the dangerous condition.
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M.D. Fla.·
2020-09-22
The court held that convenience fees charged for an optional payment service are not debts subject to the FDCPA because the defendant is not a 'debt collector' under the statute for such fees, and the court declined supplemental jurisdiction over the related state law claim.
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M.D. Fla.·
2020-09-17
The court held that the defendant's motion to dismiss based on mootness and lack of standing should be denied, as the plaintiff, an ADA tester, sufficiently alleged a likelihood of future injury and ongoing violations.
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M.D. Fla.·
2020-09-14
The court held that a party cannot avoid arbitration by preventing preconditions, and that issues regarding preconditions are for arbitrators, not courts, to decide.
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Del.·
2020-09-10
The Delaware Supreme Court affirmed the Superior Court's dismissal of the plaintiff's claims for promissory estoppel and unjust enrichment. The Court found that while the Superior Court's reliance on a general release executed during an online auction, without converting the moti
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M.D. Fla.·
2020-09-03
The court granted in part and denied in part the motion to dismiss, denying dismissal for TCPA claims but granting dismissal for the invasion of privacy claim.
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M.D. Fla.·
2020-09-02
The court denied the motion to dismiss for lack of standing and converted the statute of limitations issue to a motion for summary judgment, allowing limited discovery.
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S.D. Fla.·
2020-09-01
Havana Docks Corporation filed suit against Norwegian Cruise Line Holdings under the Helms-Burton Act (Title III) after the suspension of lawsuits under that provision was lifted in May 2019, alleging that NCL trafficked in waterfront property in Havana that the Cuban Government
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M.D. Fla.·
2020-08-27
The court held that the plaintiff's complaint sufficiently stated claims for breach of contract and promissory estoppel, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2020-08-26
The court held that the plaintiff failed to exhaust administrative remedies as required by the ERISA plan, and thus his claims are dismissed, though he is granted leave to amend.
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A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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M.D. Fla.·
2020-08-18
The court denied the City of Venice's motion to dismiss Count I, finding the plaintiff sufficiently alleged a municipal custom of racial discrimination and causation.
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Del. Ch.·
2020-08-17
The Delaware Court of Chancery granted the defendants' motion to dismiss a derivative action, finding that the plaintiffs failed to plead with particularity that demand on the board of directors was futile. The court concluded that the allegations did not establish a substantial
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M.D. Fla.·
2020-08-10
The court held that the plaintiff failed to sufficiently allege that Tegna was his employer or a joint employer, warranting dismissal of the claims against Tegna.
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M.D. Fla.·
2020-08-10
The court held that the counterclaim sufficiently stated claims for breach of contract and negligence, and denied the motion for a more definite statement.
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M.D. Fla.·
2020-08-06
The federal court dismissed the case for lack of subject matter jurisdiction under the Rooker-Feldman doctrine, as the plaintiff's claims were inextricably intertwined with a prior state court foreclosure judgment.
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The amended complaint is dismissed with prejudice because the plaintiff failed to correct the legal deficiencies identified in the initial complaint, despite being given leave to amend.
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M.D. Fla.·
2020-07-24
The court granted in part and denied in part IBM's motion to dismiss, and granted MetLife's motion to dismiss, finding that Florida's impact rule barred most of the negligence claims, and that the ERISA claims failed to state a claim.
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M.D. Fla.·
2020-07-22
The court held that the amended complaint sufficiently stated a claim for uninsured/underinsured motorist benefits and properly alleged diversity jurisdiction.
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The court held that the plaintiff's reference to the Fourteenth Amendment was not a separate claim but supported the Fourth Amendment excessive force claim against a state actor.
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The court held that the plaintiff sufficiently alleged that an employee exceeded authorized access under the CFAA, but failed to adequately allege 'loss' under the statute, and dismissed that count with leave to amend. The court also found the plaintiff sufficiently alleged torti
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S.D. Fla.·
2020-07-13
The court held that the Rehabilitation Act claims (Counts II, IV, VI) were insufficient because the plaintiff failed to allege that his disability was the sole reason for the denial of his applications. The court found that the complaint sufficiently alleged plausible claims for
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S.D. Fla.·
2020-07-13
The court held that claims for tortious interference and FDUTPA violations were preempted by Florida's Uniform Trade Secrets Act, but claims for breach of fiduciary duty were not. The court also found the complaint was not a shotgun pleading and that allegations of reasonable ste
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Del.·
2020-06-30
The Delaware Supreme Court reversed the Court of Chancery's dismissal of a breach of fiduciary duty claim against CEO John J. Haley, holding that the plaintiffs adequately pleaded that Haley was materially self-interested in the merger due to an undisclosed compensation proposal
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N.D. Fla.·
2020-06-25
The court held that a prisoner's complaint seeking a name change from a prison warden fails to state a claim upon which relief can be granted.
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The court denied defendant Roger Daleiden's motions to dismiss, finding his arguments regarding tax enforcement frivolous and his motions procedurally deficient.
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The court granted judgment on the pleadings for the breach of contract claim because the alleged breach occurred after the settlement agreement's release period, and denied judgment on the tortious interference claim, granting leave to amend due to insufficient factual allegation
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A complaint need not plead facts to negate an affirmative defense like the statute of limitations, and a motion to dismiss is inappropriate when resolution depends on facts not yet in evidence.
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M.D. Fla.·
2020-06-03
The court held that the plaintiff's allegations of medical negligence and dissatisfaction with care did not rise to the level of deliberate indifference required for an Eighth Amendment claim under Bivens.
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M.D. Fla.·
2020-06-02
The court held that a motion to dismiss a counterclaim is evaluated under the same standard as a motion to dismiss a complaint, and the factual question of whether a contractor acted as a public adjuster in violation of Florida law is not appropriately resolved on a motion to dis