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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The court held that the plaintiffs sufficiently alleged knowing violations of the Driver's Privacy Protection Act (DPPA) and that the DPPA preempts conflicting state law, denying the defendant's motion to dismiss.
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Del.·
2006-03-20
The Delaware Supreme Court affirmed the Court of Chancery's dismissal of all claims against General Motors (GM), its directors, and The News Corporation Limited (TNCL). The court held that the Court of Chancery properly considered the entire Consent Solicitation document and took
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Del. Ch.·
2005-05-04
The Delaware Court of Chancery granted motions to dismiss filed by General Motors Corporation (GM), its directors, and The News Corporation Limited (News Corp.), finding that the plaintiffs failed to state claims upon which relief could be granted. The court held that the allegat
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Del. Ch.·
2005-04-22
The Court denied the defendants' motion to dismiss the amended complaint, finding that the plaintiff had sufficiently pleaded facts to excuse the demand requirement on the board of directors and to state a claim for breach of fiduciary duty. The Court concluded that there was a r
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312 B.R. 699·
M.D. Fla.·
2004-07-20
The court held that the plaintiffs failed to state a claim for relief and lacked standing for certain claims, but granted leave to amend the complaint.
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Del. Super. Ct.·
2004-06-15
The court held that the plaintiffs' bad faith claim failed to state a claim upon which relief could be granted. The court found that under Delaware law, underinsured motorist (UIM) coverage is not triggered until the limits of all available bodily injury liability policies have b
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Del. Ch.·
2003-10-29
The court granted the defendants' motion to dismiss with prejudice, holding that the plaintiff, having lost her stockholder status in an arm's-length merger, failed to plead facts supporting a reasonable inference that the merger was a fraud perpetrated merely to deprive her of s
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201 F. Supp. 2d 1238·
S.D. Fla.·
2002-01-29
The court held that the Section 12(a)(1) claim was time-barred and that state securities law claims were preempted by federal law.
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144 F. Supp. 2d 1286·
M.D. Fla.·
2001-01-10
The court held that the plaintiff's motion to strike the defendant's counterclaims should be denied because the release agreement was ambiguous regarding the assignment clause, and counterclaims for reformation and restitution were permissible even after the Mazzoni Farms decisio
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Del.·
2000-11-20
The Delaware Supreme Court reversed the Court of Chancery's dismissal of the plaintiff's amended complaint, finding that the complaint sufficiently alleged breaches of fiduciary duties by the Chemical Directors in connection with the sale of Chemical to Lyondell. The court held t
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Del. Ch.·
2000-10-19
The Court of Chancery granted Tidewater's motion to dismiss Count I, finding that Section 9.4 of the Stock Purchase Agreement did not obligate Tidewater to pay Universal's increased franchise tax liability. However, the Court denied the motion to dismiss Counts II, III, IV, and V
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60 F. Supp. 2d 1289·
M.D. Fla.·
1999-08-17
The Court held that the Federal Aid in Sportfish Recreation Act and its regulations do not create a federal right enforceable under 42 U.S.C. § 1983, and therefore dismissed the federal claim and related state law claims.
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962 F. Supp. 2d 1299·
M.D. Fla.·
1999-03-23
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972 F. Supp. 1398·
N.D. Fla.·
1997-06-10
The court held that plaintiffs' breach of contract and Fifth Amendment claims related to pre-1956 military medical benefits could proceed, but their age discrimination claims under the ADEA and Fifth Amendment were dismissed.
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The court held that the plaintiff failed to adequately plead the jurisdictional facts necessary to establish the applicability of 46 U.S.C. § 10314(b), requiring dismissal of his claims.
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The court held that individual employees cannot be sued for sexual harassment or retaliation under Title VII, but a defamation claim may proceed. Allegations of poisoning horses and shooting dogs were struck from the sexual harassment claim but allowed for the emotional distress
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The court granted summary judgment for the defendants, finding the plaintiffs failed to present admissible evidence establishing medical causation for their wrongful death claim.
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The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff might be able to prove facts entitling him to relief under the Establishment Clause.
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The court held that the plaintiff's allegations of unintentional and isolated negligence in mail handling do not support a claim under 42 U.S.C. § 1983.
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The court held that the employer is not immune from liability for turning over exempt workmen's compensation benefits, as these were not subject to the IRS levy. The court also held that the dismissal of the claim challenging the procedural validity of the wage levy against the U
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The Board of Immigration Appeals erred by taking administrative notice of Nicaragua's government change without providing petitioners an opportunity to contest the noticed facts, thus denying them due process.
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The court affirmed the dismissal, holding that New Hampshire law requires actual notice and an opportunity to correct a hazardous condition for municipal liability, and that the district court's application of a heightened pleading standard, even if erroneous, was harmless.
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The court held that the district court did not abuse its discretion in denying leave to amend the complaint, properly dismissed the RICO and Bivens claims, and correctly applied res judicata to bar the unreasonable search claim.
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A company has no duty to disclose internal financial projections to the public, even if disclosed to a lender, unless those projections are based on existing negative factors known to the company and affect the veracity of forward-looking statements.
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978 F.2d 524·
9th Cir.·
1992-10-28
The court held that the district court erred in granting the defendant's motion to dismiss, as the plaintiffs stated a claim for relief.
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The court held that when the National Labor Relations Board declines to exercise its jurisdiction over an industry, the duty of fair representation for employees in that industry is governed by state law, not federal law, and federal courts lack jurisdiction over such claims.
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The court held that the EPA's obligations under the Memorandum of Agreement were extinguished by the completion of the original sewer system project and did not extend to a subsequent expansion requiring additional sewer lines.
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1992 U.S. Dist. LEXIS 7989·
S.D. Fla.·
1992-05-11
The court held that the Equal Credit Opportunity Act (ECOA) imposes an affirmative obligation on creditors to reevaluate the need for an additional party's guaranty upon renewal of a credit obligation, and that a failure to do so without discrimination can give the additional par
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962 F.2d 372·
4th Cir.·
1992-05-06
The court held that a service station can constitute a "service or facility" under Maryland law, and allegations that it was furnished on unequal terms state a cause of action.
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961 F.2d 996·
1st Cir.·
1992-04-16
The court held that the district court erred in dismissing the inmate's pro se complaint, as it stated cognizable claims under Section 1983 and state law.
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961 F.2d 731·
8th Cir.·
1992-04-08
The court held that the dismissal of claims against certain defendants was proper, but the dismissal of claims against other defendants prior to service was erroneous because the claims were not frivolous.
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The court held that antitrust and intentional infliction of emotional distress claims were properly dismissed, but negligence and tortious interference claims were adequately pled and should proceed.
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A district court cannot dismiss a complaint solely for failing to respond to a motion to dismiss based on a local rule, without analyzing whether the complaint states a claim upon which relief can be granted.
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The court held that while the jury instruction on fraud incorrectly included a reasonable reliance element under Texas law, this error was harmless because the jury's finding of no negligence necessarily implied a lack of the higher fault required for fraud.
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A district court cannot dismiss a pro se complaint sua sponte under Rule 12(b)(6) without giving the plaintiff an opportunity to be heard.
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The court held that employee claims are preempted by the Railway Labor Act if the railroad's conduct is arguably justified by a collective bargaining agreement, and that claims based on a Montana statute requiring compensation for home value decrease due to terminal closure are n
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The court held that a district court lacks the power to sanction a party solely based on the lack of merit of a case it has no jurisdiction to decide.
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The court held that the plaintiffs' claims were moot because the FBI voluntarily transferred the disputed files to the National Archives, and the remaining claims regarding other agencies' files were too speculative to warrant injunctive relief.
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The court held that a plaintiff seeking benefits under the Urban Mass Transportation Act's Half-Fare Program must meet the Act's specific definition of 'handicapped person,' not a broader definition from another statute, and that the program's funding source dictates applicable p
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The court held that while the district court erred in dismissing the case without reviewing the contract, the final result of dismissal is affirmed after reviewing the contract, as it did not negate the manufacturer's constitutional protection against laws impairing pre-existing
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889 F.2d 524·
4th Cir.·
1989-11-17
The court held that the denial of a preliminary injunction was not an abuse of discretion, and that the dismissal of certain claims was proper, but remanded for leave to amend the Sherman Act § 2 claim.
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The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
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878 F.2d 1472·
D.C. Cir.·
1989-06-27
The court held that the plaintiff failed to state a claim for breach of an employment contract and that there was insufficient evidence of publication to support a slander claim.
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The court held that a prisoner's complaint alleging racial discrimination in denial of a prison job assignment stated a claim under Title VII, and the district court erred in dismissing it.
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The court held that the plaintiff's claim was barred by the statute of limitations, but the dismissal should have been for summary judgment, not failure to state a claim.
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The court held that the pro se complaint was improperly dismissed for failure to state a claim, as it sufficiently alleged constitutional violations.
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505 F. Supp. 1085·
S.D. Fla.·
1981-01-27
Under Florida law, a retaliatory reduction of disability payments for filing a workmen's compensation claim does not constitute an independent tort for which damages are recoverable.
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The Florida Supreme Court quashed a district court's decision, holding that a tavern owner can be liable for patron injuries caused by third parties if the owner knew or should have known of the likelihood of general disorderly conduct, not solely based on knowledge of a specific
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The court held that the record was insufficient to determine if res judicata applied, requiring a remand.
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Del. Ch.·
1976-04-06
The court considered interlocutory appeals concerning a protective order for financial records and the dismissal of a complaint related to an alleged joint venture for real estate development.