Rule 12(B)(6)

791 Florida cases classified under this topic, plus 518 listed through its narrower topics · sorted by citation count · browse and sort

• Arnold v. Heartland Dental, LLC
  2015 U.S. Dist. LEXIS 40340· M.D. Fla.· 2015-03-30
  The court held that while the Florida Civil Rights Act (FCRA) does not protect against discrimination based on sexual orientation, a claim for sex discrimination based on gender nonconformity may proceed at the pleading stage. However, the retaliation claim was dismissed for fail
• Plaintiffs
  Del. Ch.· 2014-12-18
  The Court denied the defendants' motion to dismiss, except for the claim of waste, which was dismissed. The Court also denied the plaintiffs' motion for partial summary judgment. The Court found that personal jurisdiction existed over the individual defendant, Ward Katz, under De
• Benson v. QBE Ins.
  S.D. Fla.· 2014-11-21
  The court held that plaintiffs, though not insureds, sufficiently alleged damages and standing to bring bad faith claims against the insurer under Fla. Stat. § 624.155(1).
• Yucaipa Am. Alliance Fund I, LP
  Del. Ch.· 2014-10-31
  The Court of Chancery partially granted Defendants' motion to dismiss and granted their motion to stay. The court held that a covenant not to sue in the Third Amendment to the Credit Agreement, as interpreted by the Bankruptcy Court and given collateral estoppel effect, bars most
• In re KKR Fin. Holdings LLC S'holder Litig. Consol. C.A. No. 9210-CB
  Del. Ch.· 2014-10-14
  The Delaware Court of Chancery dismissed a consolidated class action complaint alleging breach of fiduciary duties and aiding and abetting. The court held that KKR, despite managing KFN's day-to-day operations, was not a controlling stockholder because it lacked actual control ov
• Walker v. City of Wilmington
  Del. Ch.· 2014-09-05
  The Court of Chancery granted the City's motion to dismiss. The court found that the plaintiff, Walker, had standing to pursue claims under the Delaware Fair Housing Act (DFHA) as an "aggrieved person" due to his association with the property and his indirect financial injury. Ho
• Comvest Cap. II, L.P. v. Selkoe
  Del. Super. Ct.· 2014-06-27
  The court denied Comvest's motion for judgment on the pleadings, finding that material issues of fact remained regarding the application of collateral estoppel and the Bankruptcy Court Sale Order. The court granted Comvest's motion to dismiss Selkoe's counterclaim for breach of c
• Morton v. Rogers
  Del. Ch.· 2014-06-17
  The Court recommends denying the respondents' motion to dismiss, finding it reasonably conceivable that the petitioner can establish a valid contract for specific performance of the real estate sale. The essential terms of the contract, including the property description and pric
• IN & FOR NEW Castle Cnty. Charles Hale & Anne Hale
  Del. Super. Ct.· 2014-05-20
  The court denied the motion to dismiss filed by the Capital School District and Dover High School. The court found that the third-party complaint, incorporating the plaintiffs' allegations, sufficiently pleaded claims of negligence against the school district and high school. Fur
• Hamilton P'rs, L.P.
  Del. Ch.· 2014-05-07
  The Delaware Court of Chancery denied Highland Capital Management, L.P.'s motion to dismiss a breach of fiduciary duty claim, finding sufficient allegations that Highland acted as a controlling stockholder. The court granted Joseph F. Furlong III's motion to dismiss, finding that
• Archer v. Connors
  857 F. Supp. 2d 1269· S.D. Fla.· 2014-02-26
  The court held that the statute of limitations for an FDCPA claim based on a deceptive notice served with a foreclosure complaint begins to run from the date of service, not the date of filing.
• In re Primedia
  Del. Ch.· 2013-12-20
  The court granted the motion for judgment on the pleadings as to the Class Claims resting on purchases made shortly before the public announcement of the American Baby Sale, finding that the underlying "Brophy" claim was barred by laches because the plaintiffs were on inquiry not
• In re Sirius XM S'holder Litig. Civil Action No. 7800-CS
  Del. Ch.· 2013-09-27
  The Delaware Court of Chancery granted defendants' motion to dismiss, holding that the plaintiffs' claims for breach of fiduciary duty were time-barred by the three-year statute of limitations. The court found that the cause of action accrued in 2009 when the Investment Agreement
• I/Mx Info. Mgmt. Solutions, Inc.
  Del. Ch.· 2013-06-28
  The Court of Chancery denied the defendants' motion to dismiss the plaintiff's claims for declaratory and injunctive relief. The court found that the plaintiff had stated a claim upon which relief could be granted regarding its interpretation of a "knowledge" qualifier in the sto
• Kingcade v. Parker
  577 F. Supp. 2d 731· S.D. Fla.· 2013-06-13
  The court affirmed the magistrate judge's report, granting the motion to dismiss for failure to exhaust administrative remedies and dismissing the claims against all defendants.
• In re China Agritech
  Del. Ch.· 2013-05-21
  The Court denied defendants' motions to dismiss and stay the action. The Court found that demand was excused under Rule 23.1 because the directors faced a substantial risk of liability, rendering them incapable of impartially considering a litigation demand. The Court also found
• Anvil Holding Corp. v. Iron Acquisition Co., Inc.
  Del. Ch.· 2013-05-17 ·via Rule 12(B)(6) Dismissal
  The Superior Court denied the motion to dismiss the fraud claim, finding it was pled with particularity and that the individual defendants could be held liable for the company's representations. The court dismissed the bad faith breach of contract claim as duplicative of the frau
• Hatton v. Chrysler Canada, Inc.
  1990 WL 179901· M.D. Fla.· 2013-03-30
  The court held that personal jurisdiction over Chrysler Canada exists under Florida's long-arm statute and comports with due process, and that the statute of limitations issue requires further factual development.
• Malibu Media, LLC v. John Does 1
  5 I.E.R. Cas. (BNA) 1530· M.D. Fla.· 2013-02-13
  The court held that joinder of numerous John Doe defendants in a BitTorrent copyright infringement case is inappropriate due to potential for individualized defenses, case management issues, and increased costs, warranting severance.
• Alvarez v. Royal Caribbean Cruises, Ltd.
  28 F. Cas. 281· S.D. Fla.· 2012-11-27 ·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that claims not involving personal injury, illness, or death are subject to the cruise ticket contract's arbitration clause, while personal injury claims are not arbitrable under that clause.
• Perera v. H & R Block E. Enters., Inc.
  472 F. Supp. 2d 534· S.D. Fla.· 2012-11-09
  The court held that an arbitration clause in an employment agreement is enforceable and applies to all claims, including those that accrued before the agreement was signed, and that the case should be dismissed rather than stayed.
• In re Encore Energy P'rs LP Unitholder Litig. Cons. C.A. No. 6347-VCP
  Del. Ch.· 2012-08-31
  The Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiffs failed to state a claim for breach of contract. The court found that the Conflicts Committee's approval of the merger satisfied the contractual definition of 'good faith' under the limite
• Juarez v. Verizon Servs. Corp.
  240 F. Supp. 2d 492· M.D. Fla.· 2012-08-30
  The court held that a genuine issue of material fact exists regarding whether the employer demoted the employee for retaliatory reasons due to FMLA leave or for legitimate business reasons, and that the employee's FMLA interference claim also survives summary judgment.
• In & for New Castle Cnty. Cornell Glasgow, LLC
  Del. Super. Ct.· 2012-06-06
  The court granted in part and denied in part the defendants' motion to dismiss the complaint, and granted in part and denied in part the plaintiffs' motion to dismiss the counterclaims. The court dismissed most of the tort claims because they were improperly "bootstrapped" onto b
• In re K-Sea Transp. P'rs L.P. C.A. No. 6301-VCP Unitholders Litig.
  Del. Ch.· 2012-04-04
  The Court granted the defendants' motion to dismiss, holding that the plaintiffs failed to state a claim for breach of contract or fiduciary duty. The Court found that the limited partnership agreement established a contractual standard of review that required a showing of bad fa
• Clean Harbors, Inc. v. Safety-Kleen, Inc.
  Del. Ch.· 2011-12-09
  The court denied the company's motion to dismiss, finding that the purchaser had alleged sufficient facts to support a conclusion that the call price was set below fair market value and that the company acted in bad faith by setting the call price at that value. The court found t
• Achaian, Inc.
  Del. Ch.· 2011-08-09
  The Court held that under the terms of the LLC Agreement, Holland was permitted to transfer its entire 30% interest, including voting rights, to Achaian, an existing member. Consequently, Omniglow now has two coequal 50% members: Leemon and Achaian. The Court also found that Acha
• GRT, Inc. v. Civil Action No. 5571-CS Marathon GTF Tech., Ltd.
  Del. Ch.· 2011-07-11
  The Court of Chancery granted the defendant's motion to dismiss a breach of contract claim, holding that the plaintiff's claim was time-barred by the contract's "Survival Clause." The clause limited the survival of the "Design Representations" and the "sole and exclusive remedy"
• QVT Fund LP v. Eurohypo Cap. Funding LLC I
  Del. Ch.· 2011-07-08
  The Court denied the defendants' motion to dismiss, finding that the plaintiffs had stated claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The Court held that the interpretation of whether the bank's participation certificates qual
• The Ravenswood Inv.
  Del. Ch.· 2011-05-31
  The Court denied the Defendants' motion to dismiss Count II regarding the vote of Winmill's interest in Bexil in favor of the York Sale, finding that the claim of self-interested and unfair conduct was adequately pleaded. The Court otherwise granted the Defendants' motion to dism
• United States Ex Rel. Freedman v. Suarez-Hoyos
  781 F. Supp. 2d 1270· M.D. Fla.· 2011-03-18
  The court denied the defendants' motions to dismiss, finding the government's allegations sufficiently stated claims for violations of the False Claims Act and Anti-Kickback Statute.
• Vero Tech. Support, Inc. v. U.S. Dep't of Def.
  733 F. Supp. 2d 1336· S.D. Fla.· 2010-08-18
  The district court lacks subject matter jurisdiction over the plaintiff's challenge to the defendant's insourcing decision, as exclusive jurisdiction lies with the U.S. Court of Federal Claims.
• Hughes
  Del. Ch.· 2010-06-30
  The Court granted Plaintiffs' motion to dismiss Counts IV and V of Defendants' counterclaim, which sought a declaratory judgment and specific performance regarding a release provision. However, the Court denied Plaintiffs' motion to dismiss Counts I, II, and III, which pertained
• Jonah M. Meer
  Del. Ch.· 2010-06-28
  The Court denied the defendant's motion to dismiss, finding that the Amended Stipulation effectively tolled the statute of limitations for the plaintiff's claims. The Court held that the trustee's failure to support the proposed settlement did not constitute a breach of the stipu
• Pfeiffer v. Toll
  Del. Ch.· 2010-03-03
  The Court denied the defendants' motion to dismiss the shareholder derivative complaint. The Court found that the complaint adequately pleaded demand futility, as the directors faced a substantial threat of personal liability due to their involvement in insider trading and a comp
• Keller v. Fla. Dep't of Health
  682 F. Supp. 2d 1302· M.D. Fla.· 2010-02-01 ·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the state agency is immune from suit under the Eleventh Amendment for FLSA retaliation claims, as Congress has not validly abrogated this immunity, nor has the state waived it by accepting federal funds.
• Wayne Cnty. Emps'. Ret. Sys.
  Del. Ch.· 2009-07-24
  The Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiff failed to state a claim upon which relief could be granted. The court found that the disclosure claims were not material, the fiduciary duty claims were either exculpated by the company's
• Alliance Data Sys. Corp. v. C.A. No. 3796-VCS Blackstone Cap. P'rs V L.P.
  Del. Ch.· 2009-01-15
  The court granted the defendants' motion to dismiss, finding that the plaintiff failed to state a claim for breach of contract. The Merger Agreement did not obligate Aladdin to force Blackstone to agree to the OCC's demands, nor did Blackstone's refusal to assent constitute an af
• Winner Acceptance Corp.
  Del. Ch.· 2008-12-23
  The Court of Chancery has subject matter jurisdiction over the action based on allegations of alter ego and piercing the corporate veil. The motion to dismiss for failure to comply with Rule 3(aa) is denied as moot. The motion to dismiss for failure to state a claim is granted in
• Smith v. Under Armour, Inc.
  593 F. Supp. 2d 1281· S.D. Fla.· 2008-12-18
  The court held that the Fair and Accurate Credit Transactions Act's (FACTA) prohibition on printing credit card expiration dates applies only to physically printed receipts, not electronic on-screen displays.
• Spechler v. Tobin
  591 F. Supp. 2d 1350· S.D. Fla.· 2008-12-10
  The court held that the Chief Judge is entitled to qualified immunity because he acted within his discretionary authority and did not violate clearly established constitutional rights, and the plaintiff lacks standing.
• Smith v. Zazzle. Com, Inc.
  589 F. Supp. 2d 1345· S.D. Fla.· 2008-12-09
  The Fair and Accurate Credit Transaction Act (FACTA) does not apply to internet receipts automatically displayed on a computer screen, as the term 'print' in the statute refers to tangible, paper receipts.
• Brinckerhoff v. C.A. No. 2427-VCL Tex. E. Prods. Pipeline Co., LLC
  Del. Ch.· 2008-11-25
  The Court of Chancery denied the defendants' motion to dismiss Count I (breach of fiduciary duties) against the February 2006 directors, finding the allegations sufficient to survive a Rule 12(b)(6) challenge. However, the Court granted the defendants' motion to dismiss Count III
• Hopper v. Solvay Pharms., Inc.
  590 F. Supp. 2d 1352· M.D. Fla.· 2008-09-08
  The court held that relators failed to plead fraud with the particularity required by Rule 9(b) because they did not allege specific false claims submitted to the government, which is a requirement under Eleventh Circuit precedent.
• In & for Kent Cnty. Sterling Network Exch., LLC
  Del. Super. Ct.· 2008-03-28
  The Court grants in part and denies in part Plaintiffs Sterling's motion to dismiss Digital's counterclaim. Claims related to the purchase price component of the SNS Agreement and the Property Agreement are dismissed due to contractual time limitations. The motion is denied as to
• Of the William B. Chandler III Chancellor
  Del. Ch.· 2007-05-31
  The Court of Chancery properly dismissed the plaintiff's complaint, holding that Series B Preferred Stock shareholders did not possess a right to vote on the merger under 8 Del. C. § 253. Because the Series B shareholders only had a contractual right to consent and approve, and n
• Marco's Franchising, LLC v. Marco's Italian Express, Inc.
  192 F.R.D. 552· M.D. Fla.· 2007-03-06 ·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the amended complaint substituting a successor entity as plaintiff relates back to the original filing date, and thus the defendant's motion to dismiss for lack of standing is denied.
• IN & FOR NEW Castle Cnty. IN RE Tyson Foods
  Del. Ch.· 2007-02-06
  The court partially grants the motion to dismiss, dismissing Counts I (consulting contracts) and VIII (misrepresentations in 2004 proxy statement) entirely, and Count VII (contempt) as procedurally improper. Count IV (related-party transactions) is dismissed except for transactio
• Heritage Corp. of S. Fl v. Nat'l Union Fire In.
  463 F. Supp. 2d 1364· S.D. Fla.· 2006-10-27
  The court held that the plaintiff's bad faith claim failed because the underlying action was not resolved favorably to the insured, and damages were not caused by the insurer's alleged bad faith.
• IN & FOR NEW Castle Cnty. Richard A. Williamson
  Del. Ch.· 2006-06-05
  The Court denied the defendants' motions to dismiss, finding that the plaintiff's complaint sufficiently alleged that Cox and Comcast were controlling shareholders of At Home Corporation. The Court concluded that the allegations, taken together, supported an inference of actual c