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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789 F.2d 105·
2d Cir.·
1986-04-23
·cited 18×
The court held that the investor's fraud claim under Rule 10b-5 was properly dismissed because the alleged misrepresentations were not made 'in connection with' the sale of a security, but the investor's claims under the Commodity Exchange Act and for churning were improperly dis
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The court held that the trial court erred in denying equitable relief regarding the conditions of confinement and vacated the judgment, remanding for further proceedings.
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The court held that dismissal for lack of prosecution was an abuse of discretion when the plaintiff's counsel's absence was due to medical reasons and not contumacious conduct.
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The court held that the district court improperly dismissed the plaintiff's claims for failure to state a cause of action, as the plaintiff might be able to prove facts supporting his claims, particularly regarding subsequent publications of libelous material.
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The Eleventh Circuit held that the district court erred in dismissing the plaintiff's claims under the Fair Housing Act and Civil Rights Act, finding that the alleged post-acquisition discriminatory conduct by the HOA was actionable.
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17 F. Supp. 2d 1345·
S.D. Fla.·
1998-08-18
·cited 17×
The court held that the Private Securities Litigation Reform Act of 1995 requires plaintiffs to plead facts giving rise to a strong inference of scienter, and that the plaintiffs failed to meet this heightened pleading standard.
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The court held that the complaint stated valid claims under CERCLA and RCRA, and that the district court did not err in denying the motion to dismiss.
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The court held that an employer's refusal to 'bridge' an employee's service to allow them to reach full early retirement benefits, when not provided for in the plan, is an employment decision not subject to ERISA's fiduciary standards.
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644 F.2d 820·
9th Cir.·
1981-05-07
·cited 17×
The court held that subscription television (STV) signals, though intended for reception by the public, are not broadcast 'for the use of the general public' when access is restricted to paying subscribers via special equipment, and thus are protected by section 605 of the Federa
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Daewoo Motor America, Inc., a U.S. subsidiary and exclusive distributor of Daewoo vehicles, challenged the dismissal of claims against General Motors and others arising from a Korean bankruptcy reorganization that transferred Daewoo Korea's assets to a new entity (GMDAT), which t
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844 F. Supp. 1528·
S.D. Fla.·
1993-02-05
·cited 16×
The court denied motions to dismiss fraud, negligent misrepresentation, Florida Franchise Act, and breach of fiduciary duty claims, but dismissed a claim for breach of the implied covenant of good faith and fair dealing for failure to allege breach of express terms.
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The court held that plaintiffs' allegations were insufficient to state a claim under Section 43(a) of the Lanham Act and that the district court lacked jurisdiction for trademark cancellation without an underlying valid claim.
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The court held that a prisoner's claims of discrimination in job assignments and retaliation for exercising First Amendment rights stated a claim for relief, while claims regarding property deprivation and inadequate grievance procedures were properly dismissed.
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The dissenting judge concludes that the plaintiff failed to allege facts sufficient to establish a "special relationship" between the police and herself, and therefore the police had no constitutional duty to protect her.
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488 F.2d 339·
8th Cir.·
1973-11-09
·cited 16×
The court held that the tenant's complaint failed to factually plead a denial of administrative due process, even if a hearing was required.
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366 F.2d 247·
5th Cir.·
1966-09-21
·cited 16×
Government officials acting within the scope of their duties and authority are immune from personal liability for actions taken in their official capacity, even if motivated by malice.
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A plaintiff cannot recover under RICO for a decrease in property value or loss of use and enjoyment; only concrete financial losses to business or property are compensable.
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762 F.2d 83·
10th Cir.·
1985-05-13
·cited 15×
The court held that the plaintiff's allegations of stigmatization and damage to his reputation were sufficient to state a claim for a liberty interest violation under § 1983, even though he failed to request a name-clearing hearing.
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The court held that venue was improper in the Southern District of Florida because the defendants' alleged tortious conduct did not occur there, and ordered the case transferred to the Northern District of Georgia.
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The court held that it lacked subject matter jurisdiction because the plaintiff's domicile was previously determined in a related case, and the plaintiff failed to allege facts showing redressable harm for his legal malpractice claims.
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71 F. Supp. 2d 1228·
M.D. Fla.·
1999-11-03
·cited 14×
The court held that it had personal jurisdiction over the defendants and that the complaint stated a claim for professional negligence, denying the motion to dismiss. The court also denied the motion to strike punitive damages claims, pending further Eleventh Circuit review.
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948 F.2d 1562·
10th Cir.·
1991-11-18
·cited 14×
The court held that a district court's consideration of matters outside the pleadings on a Rule 12(b)(6) motion is reversible error unless harmless, and that witnesses have absolute immunity from civil liability for conspiracy to present perjured testimony.
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920 F.2d 232·
4th Cir.·
1990-12-06
·cited 14×
Discriminatory discharge and retaliation claims are not actionable under 42 U.S.C. § 1981, and the Supreme Court's interpretation of § 1981 in Patterson v. McLean Credit Union applies retroactively.
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911 F.2d 1179·
6th Cir.·
1990-08-13
·cited 14×
The court held that a motion to dismiss requires accepting allegations as true, preventing application of the Pickering balancing test and qualified immunity at that stage.
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The court held that the plaintiff adequately alleged a RICO enterprise distinct from the individual defendants and a pattern of racketeering activity, reversing the district court's dismissal.
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869 F.2d 1341·
9th Cir.·
1989-03-16
·cited 14×
The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
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814 F.2d 426·
7th Cir.·
1987-03-12
·cited 14×
The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
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794 F.2d 967·
5th Cir.·
1986-07-18
·cited 14×
The court held that the district court erred in dismissing the appellants' claim under the doctrines of presumed lost deed and laches, as these defenses were not sufficiently established on the face of the pleadings. The court also found that res judicata did not bar the claim.
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The court held that the district court erred in converting a motion to dismiss into a summary judgment motion without proper notice, and that the government failed to establish that the employee was acting outside the scope of his employment.
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The court held that it had jurisdiction over the defendant's counterclaim and that each count of the counterclaim failed to state a claim upon which relief could be granted.
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The court held that a pro se complaint is frivolous under 28 U.S.C. § 1915(d) if it appears beyond doubt that the plaintiff can prove no set of facts entitling them to relief, adopting the standard from Estelle v. Gamble. The court found the claims regarding jail conditions and a
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The court held that the Service Contract Act does not create a private right of action for employees against their employers, and that the state wage and hour claims were properly dismissed for failure to state a claim.
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The court held that claims arising from alleged mistreatment while incarcerated are not time-barred as continuing wrongs, but claims regarding refusal to arrest prior to incarceration are time-barred. The court also held that Georgia's tolling statute for prisoners does not apply
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The court held that the dismissal of the 42 U.S.C. § 1983 action was premature because the complaint stated a potentially actionable claim and the defendants' immunity defenses raised factual issues not resolvable at the pleading stage.
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244 F.2d 204·
9th Cir.·
1957-05-03
·cited 14×
The court held that the complaint's allegations were insufficient to establish diversity jurisdiction because it failed to allege the plaintiff's citizenship.
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The court held that the plaintiff failed to state a claim under the Bank Holding Company Act's anti-tying provision and RICO statutes due to insufficient allegations of fraud and anticompetitive effect.
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A five-day suspension with pay pending an investigation into alleged misconduct does not constitute an adverse employment action for purposes of a First Amendment retaliation claim.
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959 F.3d 1061·
11th Cir.·
2020-05-21
·cited 12×
The Eleventh Circuit held that the Florida Federal Judicial Nominating Commission is not a federal agency under FOIA, and therefore the plaintiff failed to state a claim upon which relief can be granted.
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The court granted Chase's motion to dismiss for lack of subject-matter jurisdiction due to failure to exhaust FIRREA administrative remedies, and granted Early Warning's motion to dismiss for failure to state a claim under the FCRA.
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The court held that the meaning of 'partial termination' in an ERISA plan should align with its meaning under the Internal Revenue Code and related tax regulations.
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This opinion is a dissent and does not contain a holding of the court.
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The court held that dismissing a complaint without leave to amend, when leave was offered and no justifying reason was given, constitutes an abuse of discretion.
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828 F.2d 898·
2d Cir.·
1987-09-01
·cited 12×
The court held that the appellants failed to adequately plead a "pattern of racketeering activity" required for a RICO claim, and affirmed the district court's dismissal.
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The court held that allegations of a single fraudulent scheme, even if comprising multiple fraudulent acts, do not satisfy the 'pattern of racketeering activity' requirement for a RICO claim.
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The court held that the RICO claims were time-barred and that the district court should have dismissed the state law claims without prejudice for lack of subject matter jurisdiction after the federal claims were dismissed.
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782 F.2d 754·
7th Cir.·
1986-01-30
·cited 12×
The court held that the district court properly dismissed the action due to the appellants' abusive litigation tactics and that Judge Hazlewood was protected by judicial immunity.
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A conspiracy to engage in predatory pricing, where competitors cannot legally match the prices, is a violation of Section 2 of the Sherman Act, not Section 1.
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The court held that a plaintiff's allegations of class counsel's failure to take reasonable follow-up steps after an initial notice with a low response rate, despite a large settlement fund, were sufficient to state a claim for breach of fiduciary duty, precluding dismissal or su
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The court held that tenants of a housing authority have a protected property interest in continuing to receive housing benefits without unwarranted damage assessments, thus implicating due process protections.
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594 F.2d 662·
8th Cir.·
1979-03-06
·cited 12×
The court held that a union constitution does not grant officers unlimited discretion in expending union funds, and allegations that expenditures were antithetical to membership interests may state a claim under section 501.