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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Del. Ch.·
2020-05-29
The Court of Chancery granted in part and denied in part defendants' motion to dismiss. Counts I, II, VIII, and X were allowed to proceed, while Counts III, IV, V, VI, VII, and IX were dismissed. The court found that while only signatories to the Employment Agreements were bound,
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S.D. Fla.·
2020-05-28
Plaintiff Aaron Fruitstone sued Spartan Race Inc., a Massachusetts-based obstacle course race organizer, alleging that it deceived consumers by charging a $14 mandatory "Racer Insurance Fee" marketed as a pass-through cost for third-party accident insurance, when in fact Spartan
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S.D. Fla.·
2020-05-27
The court held that while the plaintiff has standing under FDUTPA, the complaint fails to establish causation and the 'trade or commerce' element, warranting dismissal.
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M.D. Fla.·
2020-05-22
The court held that defendants are entitled to qualified immunity for the use of a K-9 during an arrest, but not for alleged punching and kicking, and that Fourteenth Amendment claims are dismissed.
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M.D. Fla.·
2020-05-20
The court denied the motion for a protective order, finding no coercion or misleading conduct in the updated terms of service, and granted leave to replead certain claims in the motion to dismiss.
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M.D. Fla.·
2020-05-18
The court held that the plaintiff failed to administratively exhaust his retaliation claim because the alleged retaliatory act occurred after his EEOC filings and was not like or related to the allegations contained therein.
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The court held that the plaintiff's complaint failed to state a claim for deliberate indifference to a serious medical need under the Fourteenth Amendment.
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The court held that the counterclaims sufficiently alleged facts to put the plaintiff on notice of the claims against it and that the challenged allegations were relevant and not scandalous, thus denying the motion to dismiss and strike.
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M.D. Fla.·
2020-05-08
The court held that a motion to dismiss is not the proper vehicle to resolve factual disputes regarding whether CMR acted as a public adjuster, and that redundant counterclaims are not subject to dismissal if otherwise valid.
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M.D. Fla.·
2020-05-07
The court denied dismissal for claim splitting and the first-filed rule but granted dismissal for failure to state a claim under the FCCPA, with leave to amend. The court also granted consolidation of this case with a related case.
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M.D. Fla.·
2020-05-06
The court held that the plaintiff sufficiently alleged standing and stated a claim under the FCRA, but deferred ruling on personal jurisdiction due to its entanglement with the merits of the case.
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M.D. Fla.·
2020-05-05
The court granted plaintiffs' motions to strike defendants' affirmative defenses and dismiss their counterclaims, finding the defenses too confusing and the counterclaims to be shotgun pleadings, but granted leave to amend.
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Del. Ch.·
2020-04-30
The Court granted in part and denied in part the defendants' motion to dismiss. The Court denied the motion as to the post-effective date breach of contract claim (Count IV) and the cooperation claims (Counts II and III), finding that these claims were sufficiently pleaded. Howev
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Del. Ch.·
2020-04-29
The Court of Chancery granted in part the motion to dismiss filed by defendants Chrysalis Ventures II, L.P. and David A. Jones, Jr. The court held that the plaintiffs failed to adequately allege that Chrysalis and Jones were part of a "control group" with Francisco Partners, and
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N.D. Fla.·
2020-04-27
A Florida dog racing industry group and business owners challenged a constitutional amendment (Amendment 13) prohibiting commercial dog racing with wagering as violating the Takings Clause, Equal Protection Clause, Contracts Clause, and Due Process Clause. The court found it had
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M.D. Fla.·
2020-04-23
Spigot, Inc. and two foreign companies sued Jeremy Hoggatt and his company Mediavo for misappropriating trade secrets (including a pricing model, software, and business strategies) related to a digital advertising business the plaintiffs had purchased from Adknowledge in 2016, al
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The court held that the Relator's complaint failed to plead fraud with the particularity required by Rule 9(b) for violations of the Federal and Florida False Claims Acts.
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The court held that the First Amended Complaint filed by HPD Advisors was improper because HPD failed to properly substitute or intervene as a party, and thus the complaint was stricken.
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M.D. Fla.·
2020-04-15
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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M.D. Fla.·
2020-04-15
The court granted in part and denied in part the defendants' motions to dismiss, dismissing the negligent misrepresentation and intentional infliction of emotional distress claims for failure to plead with particularity and outrageous conduct, respectively, while allowing the bre
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M.D. Fla.·
2020-04-14
The court held that the complaint failed to state a plausible claim for retrospective premiums or unjust enrichment due to insufficient factual allegations and potential statute of limitations issues.
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M.D. Fla.·
2020-04-08
The court held that the plaintiff failed to state claims for freedom of religion, conditions of confinement, return of personal property, and threatening comments, but may amend his access-to-courts claim.
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Del. Super. Ct.·
2020-04-07
The court held that Firmenich's amended complaint sufficiently distinguishes its fraudulent inducement claim from its breach of contract claim by pleading rescissory damages, and therefore denies the motion to dismiss the fraud claim. The court also affirmed that pleading claims
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S.D. Fla.·
2020-03-31
The court held that allegations concerning a non-party are relevant if they explain the discovery of misconduct, and that claims for unjust enrichment and promissory estoppel are not premature when the defendant denies the existence of an express contract.
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The court held that the amended complaint failed to state sufficient factual allegations for FLSA claims and that state law claims would be dismissed for lack of jurisdiction after federal claims were dismissed.
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Argos Global Partner Services LLC and its subsidiaries sued Fabio Ciuchini, Argos GPS North America, and Cosmo Global Lux SARL for trademark infringement, breach of contract, tortious interference, and other claims arising from a dispute among competing Argos-branded companies. T
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2018 WL 6822708·
Del. Ch.·
2020-02-28
The Court denied the defendants' motion to dismiss the fraud and breach of contract claims. The Court found that the fraud claim was sufficiently pleaded with particularity regarding the circumstances of the alleged fraud, and that the damages for fraud were distinct from contrac
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M.D. Fla.·
2020-02-27
The court denied the motion to dismiss, finding the third-party complaint sufficiently pleaded claims for breach of contract, alter ego liability, and breach of the May 2012 Agreement, and that factual disputes precluded dismissal based on the settlement agreement.
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Del. Ch.·
2020-02-26
The Delaware Court of Chancery held that a squeeze-out merger by a controlling stockholder did not satisfy the MFW standard for business judgment review because three of the four members of the Special Committee had a material self-interest in the transaction, stemming from poten
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A party cannot obtain a traditional injunction without asserting an independent cause of action.
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S.D. Fla.·
2020-02-11
Catano, a beneficiary of a deceased's estate, sued Capuano (the deceased's estranged wife) alleging civil theft, constructive fraud, conversion, breach of fiduciary duty, and conspiracy to embezzle estate assets. The court granted in part and denied in part Capuano's motion to di
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M.D. Fla.·
2020-01-29
The court held that claims against Circustrix Holdings, LLC were dismissed with prejudice for insufficient pleading, and certain claims against 2Infinity Florida, LLC were dismissed with prejudice for failing to state a claim or being improperly pleaded as a separate cause of act
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M.D. Fla.·
2020-01-29
The court denied the defendant's motion to dismiss, finding the plaintiff sufficiently alleged claims under the TCPA for violations related to autodialed calls and calls to numbers on the National Do Not Call Registry.
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M.D. Fla.·
2020-01-28
The court held that the plaintiff failed to state a claim for violations of the Florida Consumer Collection Practices Act, rescission based on fraud, and the Racketeer Influenced and Corrupt Organizations Act, dismissing these counts without prejudice.
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M.D. Fla.·
2020-01-21
The court held that the plaintiffs sufficiently alleged a disparate impact claim under the ADEA, but failed to state a claim for disparate treatment. The court granted the motion to dismiss the disparate treatment claim without prejudice and granted the motion for substitution.
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M.D. Fla.·
2020-01-21
The court held that the plaintiff's claims for racial discrimination and age discrimination failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2020-01-10
The court held that the counterclaim-plaintiff sufficiently alleged civil conspiracy and that counterclaims against a third-party are permissible if also asserted against an original party.
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S.D. Fla.·
2020-01-10
The court held that the amended complaint constituted an impermissible shotgun pleading and that the third-party beneficiary claim failed because the contract expressly disclaimed intent to benefit third parties.
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S.D. Fla.·
2020-01-03
The court held that the complaint was a shotgun pleading and that the plaintiff failed to state claims for breach of assignment, wrongful payment, and violation of UCC § 9-406.
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The court held that the Fort Myers Police Department is not a legal entity capable of being sued and granted dismissal, but allowed the plaintiff to amend the complaint to name a proper party.
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M.D. Fla.·
2019-12-19
The court held that the plaintiff failed to sufficiently plead claims for tortious interference with an expectancy and breach of a third-party beneficiary contract.
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M.D. Fla.·
2019-12-17
A state law medical malpractice claim is not cognizable in federal court and does not confer subject matter jurisdiction.
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S.D. Fla.·
2019-12-13
The court granted in part and denied in part the motion to dismiss, dismissing the declaratory judgment claim but denying dismissal of the breach of contract claim at this stage.
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M.D. Fla.·
2019-12-04
The court held that a motion to strike is not applicable to a motion to dismiss or for summary judgment, and that a motion for summary judgment filed before adequate discovery is premature and should be denied without prejudice.
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S.D. Fla.·
2019-11-20
The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
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A breach of contract claim does not require pleading with particularity and a plaintiff is not required to attach the contract to the complaint in federal court.
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M.D. Fla.·
2019-11-12
The court held that most of the plaintiff's claims were barred by the compulsory counterclaim rule or collateral estoppel, but granted leave to amend the Fair Credit Reporting Act claim.
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M.D. Fla.·
2019-10-31
The court held that the defendants failed to establish exigent circumstances to justify a warrantless entry into the plaintiff's home, thus denying their motion to dismiss based on qualified immunity for the Fourth Amendment claims.
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The Court dismissed the case without prejudice for lack of subject matter jurisdiction because the plaintiff failed to allege a basis for federal jurisdiction.
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M.D. Fla.·
2019-10-30
The court held that the plaintiff failed to state a claim under the Eighth Amendment, Fourteenth Amendment, or for denial of access to courts, and thus the complaint was dismissed.