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.·
2019-10-28
The court held that it lacked personal jurisdiction over Penn National because the plaintiff failed to establish an agency relationship with Everi or that Everi committed a tortious act.
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Del. Ch.·
2019-10-10
The Court of Chancery should deny the defendant's motion to dismiss because the plaintiff has sufficiently pleaded a claim for specific performance and damages. The agreement contains a definite price term through its appraisal mechanism, and the appraisal process was not a condi
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S.D. Fla.·
2019-10-04
The court held that Florida Statute § 626.9743(5) provides a non-exhaustive definition for actual cash value (ACV) in insurance policies, and therefore, the failure to include title and tag transfer fees in an ACV payout may state a plausible breach of contract claim.
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M.D. Fla.·
2019-10-03
A prisoner does not have a constitutionally protected liberty interest in an inmate grievance procedure, and therefore, a claim under 42 U.S.C. § 1983 based on the denial or handling of such a grievance fails to state a claim upon which relief can be granted.
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M.D. Fla.·
2019-09-23
A grand jury witness has absolute immunity from a § 1983 claim based on their testimony, even if false.
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M.D. Fla.·
2019-09-20
The court held that plaintiffs adequately stated a claim for failure to accommodate under the Fair Housing Act, but dismissed the Florida Fair Housing Act claim for failure to exhaust administrative remedies.
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M.D. Fla.·
2019-09-13
The court held that the plaintiffs' claims for relief from a state court order and for bad faith were premature and unripe, warranting dismissal without prejudice.
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The court granted in part the motion to dismiss, dismissing Counts II and III with prejudice for shotgun pleading, Count I with leave to amend for shotgun pleading, and Count IV without prejudice for failure to state a claim under FDUTPA due to statutory exclusion.
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M.D. Fla.·
2019-08-30
The court held that the defendant's motion to dismiss the plaintiff's second amended complaint should be denied because the plaintiff sufficiently pleaded plausible claims for relief under Title VII, ADEA, FCRA, and FMLA.
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The court held that the plaintiff, a civilly committed individual, lacked standing and that the Fair Labor Standards Act does not apply to individuals civilly confined under Florida's SVP Act.
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The court held that the complaint failed to state a claim upon which relief could be granted because it did not adequately differentiate defendants' conduct and failed to allege actual injury for certain claims.
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S.D. Fla.·
2019-08-26
The court held that the lawful travel exception to trafficking under the Helms-Burton Act is an affirmative defense, and that the plaintiff sufficiently alleged ownership of a claim to the confiscated property, even if based on stock ownership in a corporation that owned the prop
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S.D. Fla.·
2019-08-23
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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M.D. Fla.·
2019-08-19
The court held that denying a prisoner's preferred medication, when other treatment was provided and medical judgment differed, does not constitute deliberate indifference to a serious medical need under the Eighth Amendment.
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M.D. Fla.·
2019-08-12
The Court granted the motion to dismiss because the complaint was a shotgun pleading, failing to provide adequate notice of the claims.
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The court held that oral representations regarding loan repayment terms are barred by Florida's Banking Statute of Frauds, and that the plaintiff failed to adequately plead damages for her claims.
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Del. Ch.·
2019-05-31
The Court of Chancery denied the defendant's motion to dismiss the plaintiff's complaint, finding that the plaintiff stated reasonably conceivable claims for breach of an oral settlement agreement, breach of the lease agreement, and anticipatory breach of the lease. The court hel
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Del. Super. Ct.·
2019-04-30
The court denied the motions to dismiss filed by GRS, SAV, and Varitikias, finding that plaintiffs sufficiently alleged negligence under Restatement (Second) of Torts § 324A(c) based on reliance on a property assessment. The court granted Keycorp and Keybank National Association'
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121 La. 1083·
M.D. Fla.·
2019-02-27
Agreements for indefinite duration are terminable at-will under Missouri law, and a termination letter only affects works specifically identified within it.
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Del. Ch.·
2018-12-10
The Delaware Court of Chancery denied in part and granted in part motions to dismiss. The court held that the plaintiff stockholder had standing to pursue breach of fiduciary duty claims alongside its appraisal action. It further found that the Corwin doctrine did not apply at th
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Del. Ch.·
2018-10-05
The Court of Chancery denied the county defendants' motion to dismiss Count III of the complaint, finding that it possesses subject matter jurisdiction over the claim that the counties are violating the statutory "Market Value Requirement" by using decades-old property assessment
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Del. Super. Ct.·
2018-08-22
The Court denied the defendants' motions to dismiss, finding that the plaintiffs had sufficiently pled claims for tortious interference with prospective economic advantage and civil conspiracy under either California or Delaware law. The court determined that the plaintiffs alleg
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Del. Ch.·
2018-08-10
The Court of Chancery denied the defendant's motion to dismiss a breach of contract claim, finding that key provisions of the merger agreement were ambiguous. The court held that the plaintiff's allegations, if proven, could establish a breach of contract based on the interpretat
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Del. Ch.·
2018-03-28
The Delaware Court of Chancery denied defendants' motion to dismiss, finding that plaintiffs had adequately pled facts supporting a reasonable inference that Elon Musk was a controlling stockholder of Tesla. Consequently, the court held that the Corwin doctrine, which would have
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Del. Super. Ct.·
2017-10-24
The Court granted the Defendant's motion to dismiss, finding that the Plaintiff failed to plead common law fraud with the particularity required by Delaware Superior Court Civil Rule 9(b). The Plaintiff was granted leave to amend the complaint.
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Del. Super. Ct.·
2017-07-31
The Court denied Express Scripts, Inc. and United BioSource LLC's motion to dismiss Bracket Holding Corp.'s amended complaint, granted Jim Stewart's motion to dismiss, and granted in part and denied in part Bracket Holding Corp. and PCP Managers LLC's motion to dismiss UBC's amen
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Del. Ch.·
2017-07-24
The Court of Chancery denied the motion to dismiss as to the Polk Family and Polk Family Directors, finding it reasonably conceivable that they acted as a controlling stockholder group and engaged in self-dealing subject to the entire fairness standard. However, the Court granted
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Del. Ch.·
2017-06-28
The Court of Chancery denied the defendants' motion to dismiss, finding that the plaintiff's claims regarding stock options and warrants granted to directors and a voting agreement were ripe for adjudication. The court held that entire fairness review, not the business judgment r
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Del. Ch.·
2017-05-15
The Court of Chancery dismissed the derivative action because the plaintiff failed to plead particularized facts demonstrating that demand on the board to pursue the litigation would be futile. While the court acknowledged that the plaintiff's allegations might trigger Unocal's e
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Del. Ch.·
2017-05-03
The Court of Chancery denied the motion to dismiss the indemnification claim (Count I), finding the Stock Purchase Agreement ambiguous regarding whether contractual limitations on recovery apply to claims based on fraudulent representations by the Company. The Court granted the m
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Del. Super. Ct.·
2017-03-13
The Court granted the defendant's partial motion to dismiss, finding that the plaintiff failed to plead separate damages for its fraudulent inducement claim distinct from its breach of contract claim. Because the damages alleged for both claims were identical, the fraudulent indu
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The court held that it should decline to exercise supplemental jurisdiction over the defendants' state-law counterclaim in an FLSA action due to exceptional circumstances, including the disfavored nature of employer counterclaims in FLSA cases and the lack of factual overlap.
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Del. Ch.·
2017-01-30
The Delaware Court of Chancery granted the defendants' motion to dismiss, holding that a majority vote of disinterested stockholders, which was both uncoerced and fully informed, cleansed any alleged breaches of fiduciary duty by the directors. The court found that even if the pr
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Del. Ch.·
2016-11-07
The court granted in part and denied in part the defendants' motion to dismiss. The court dismissed Count I (breach of fiduciary duty) as to defendants Blaszyk, Burnett, Calhoun, Sitrick, Holt, and Miller for failure to plead demand futility with particularity. However, the court
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Del. Ch.·
2016-08-17
The Court of Chancery granted in part and denied in part the motion to dismiss counterclaims. Portions of the counterclaims were dismissed as time-barred by the statute of limitations and laches, and one counterclaim for breach of a cooperation clause in a separation agreement fa
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Del. Super. Ct.·
2016-07-01
The Court granted the Hiller Defendants' motion to dismiss Count V for abuse of process, finding that the plaintiffs failed to state a claim. The court determined that the allegations regarding the initiation of the fee collection lawsuit and the settlement offer letter did not m
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Del. Super. Ct.·
2016-05-20
The appellate court affirmed the trial court's dismissal of Rite Aid's third-party complaint against Michael Spence's father. The court held that Rite Aid failed to plead the requisite elements for its claims of invasion of privacy, intentional infliction of emotional distress, n
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Del. Ch.·
2016-05-20
The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiffs failed to state a claim for breach of fiduciary duty. The court held that the allegations regarding the exclusion of speculative financial projections from valuation analyses were insuffi
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The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
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2016 U.S. Dist. LEXIS 24255·
S.D. Fla.·
2016-02-23
The court held that the plaintiff's claims under 42 U.S.C. § 1981 were properly dismissed without prejudice for failure to state a claim, but her claims under Title VII and the Florida Civil Rights Act could proceed.
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Del. Ch.·
2015-12-01
The court granted the defendants' motion to dismiss, finding that the plaintiffs, inmates challenging a Delaware statute that denies them access to certain Department of Correction policies and procedures, failed to establish standing and did not state a claim upon which relief c
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The court granted in part and denied in part the defendants' motions to dismiss. Count Two, alleging violations of 12 Del. C. § 1201(a)(4), was dismissed because it lacked allegations of a government-issued certificate or receipt. However, Count One, alleging violations of 12 Del
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2015 U.S. Dist. LEXIS 149644·
S.D. Fla.·
2015-11-02
The court held that the plaintiff lacked standing under the FDCPA because she was not obligated to pay the debt, and the notices provided were not deceptive or misleading to the least sophisticated consumer.
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Del. Ch.·
2015-10-07
The court denied the school district's motion to dismiss, finding that the plaintiffs' complaint stated valid claims under both federal and state law. The court held that the district's actions, including targeted get-out-the-vote efforts, providing rewards for voting, and engagi
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Del. Super. Ct.·
2015-08-17
The Court denied the defendants' motion to dismiss, finding that the plaintiff had adequately pled claims for breach of contract/indemnification, fraud, aiding and abetting fraud, and civil conspiracy. The court determined that the plaintiff's allegations, when viewed in the ligh
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2015 U.S. Dist. LEXIS 152210·
M.D. Fla.·
2015-07-22
The court held that filing a debt collection suit in an improper venue, without more, does not constitute a false representation of the debt's legal status under the FDCPA.
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Del. Ch.·
2015-07-21
The Court of Chancery granted the defendants' motions to dismiss, holding that the plaintiffs, as AbbVie stockholders who acquired their shares after the alleged wrong occurred, lacked statutory standing to bring a derivative suit on behalf of AbbVie. The court declined to grant
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Del. Super. Ct.·
2015-07-09
The Delaware Superior Court granted the defendant's motion to dismiss in part, finding that the plaintiff's wife lacked standing, the claims under 18 Del. C. § 2304(16) were not actionable, the claims for punitive damages and attorney's fees failed due to a lack of bad faith, and
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Del. Ch.·
2015-06-23
The Court largely denied defendants' motions to dismiss, finding that plaintiff stated claims for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, civil
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Del. Ch.·
2015-04-15
The Court of Chancery denied the defendants' motion to dismiss or stay the plaintiff's complaint. The court held that a non-exclusive forum selection clause in the redemption agreement displaced the McWane first-filed doctrine, that the plaintiff did not violate Court of Chancery