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 plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.
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The court held that the worker's claim challenging federal tax withholding was properly removed to federal court and dismissed for failure to state a claim, but remanded the issue of sanctions for reconsideration.
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The court held that an advertisement claiming "low cost commercial collection experts" and implying lower rates than attorneys constitutes puffery and is not actionable false advertising under the Lanham Act.
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A manufacturer's decision to increase its advertising budget, include that cost in the product price, and direct the advertising is not an illegal tying arrangement under the Sherman Act.
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The court held that the Greater Cleveland Regional Transit Authority (GCRTA) is a political subdivision of the State of Ohio and the Amalgamated Transit Union (ATU) is a labor organization, both exempt from federal jurisdiction under the NLRA.
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The court held that a pro se prisoner's complaint, liberally construed, stated potentially meritorious due process and equal protection claims, and dismissal without leave to amend was an abuse of discretion.
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640 F. Supp. 1168·
S.D. Fla.·
1986-08-01
·cited 8×
The court held that the plaintiff's complaint failed to plead fraud with the necessary specificity and particularity to support a RICO cause of action, and thus dismissed the complaint.
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The court held that the plaintiffs' due process claim must be dismissed because they have an adequate postdeprivation remedy under state law, specifically an action for inverse condemnation.
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The court held that the plaintiff's action was untimely filed, as the Appeals Council's initial denial letter constituted the final decision for limitations purposes, and the subsequent letter reviewing new evidence did not constitute a reopening of the case.
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The court held that the plaintiff's claims, based on a search and arrest, constituted state torts, not violations of constitutional magnitude actionable under 42 U.S.C. § 1983.
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A document filed on official tax forms, even with a disclaimer, can be considered a 'purported return' for the purpose of the frivolous return penalty if it lacks substantial information or indicates a substantially incorrect self-assessment due to a frivolous position.
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A corporation violates SEC Rule 14a-7 if it makes a shareholder's proxy materials false by changing the meeting date to frustrate the shareholder's mailing, and the shareholder can recover damages.
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709 F.2d 413·
5th Cir.·
1983-07-15
·cited 8×
The court held that the plaintiffs' allegations regarding a substituted contract, which imposed new personal liabilities and risks related to irrigation, could constitute a "purchase or sale" of a security under Section 10(b) and Rule 10b-5, and thus the dismissal of count 5 was
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The court held that the plaintiffs' complaint failed to state a claim upon which relief could be granted under 8 U.S.C. § 1182(i) because the alien was statutorily ineligible for the requested waiver.
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The court held that the plaintiff failed to state a justiciable claim and that the Administrative Procedure Act does not create an independent basis for jurisdiction.
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The court held that the judgment should be vacated because the district court treated the case as a trial on the merits due to a misunderstanding between court and counsel, rather than a summary judgment proceeding.
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The court held that the case was not moot because the collective bargaining relationship is a continuing one, and the availability of state welfare benefits to strikers could still affect that relationship.
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A building service employee is not covered by the Fair Labor Standards Act if their work, like janitorial duties, only remotely affects a tenant engaged in interstate commerce, rather than being actually in or closely related to the movement of commerce.
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The court held that the plaintiff failed to state a claim under LMRDA § 431(c) because he did not demonstrate "just cause" for accessing union audiotapes, and that his § 411 claim was also without merit as it could not circumvent the "just cause" requirement.
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930 F.2d 1004·
2d Cir.·
1991-04-12
·cited 7×
The court held that while the complaint did not sufficiently state a federal claim, the district court should have allowed the pro se plaintiff an opportunity to amend her complaint to assert an Equal Pay Act claim.
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The court held that while parole board members are immune from damages claims, the sua sponte dismissal of the due process claim for equitable relief was improper because the revised Georgia parole system raises an arguable legal question regarding a liberty interest.
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881 F.2d 626·
9th Cir.·
1989-07-26
·cited 7×
The court held that ERISA does not provide a cause of action for contribution among co-fiduciaries, but reversed the dismissal of a breach of fiduciary duty claim because the plans may not have been fully compensated by a settlement.
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A probationary state employee terminated during their working test period, whose complaints did not involve matters of legitimate public concern and whose termination was not publicly disclosed, has no property or liberty interest infringed and thus no claim under the First, Fift
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The court held that the plaintiff's amended complaint contained numerous deficiencies, including failure to state a claim, improper citation of statutes, and claims barred by immunity doctrines, requiring a second amended complaint.
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795 F. Supp. 2d 1368·
S.D. Fla.·
2011-06-13
·cited 6×
A debt collector's attempt to collect a debt discharged in bankruptcy can violate the FDCPA's prohibition against false or misleading representations, and the Bankruptcy Code does not preclude such claims.
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661 F. Supp. 2d 1326·
S.D. Fla.·
2009-10-02
·cited 6×
The court held that hospitals and doctors do not owe a freestanding legal duty to allow visitation for patients in critical or terminal condition, nor a duty to provide routine medical updates to third parties not authorized to make medical decisions.
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The court denied defendants' motion to dismiss the breach of contract claim and motion for a more definite statement, finding the complaint sufficiently clear and supplemental jurisdiction appropriate.
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164 F. Supp. 2d 1354·
S.D. Fla.·
2001-07-19
·cited 6×
The court held that a Title II claim requires exhaustion of state remedies, negligent retention requires employer knowledge of unfitness, and assault claims against employers fail if the employee's conduct is outside the scope of employment. Intentional infliction of emotional di
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The court held that the plaintiff sufficiently pleaded fraud with particularity under Rule 9(b) and that personal jurisdiction could potentially be exercised over certain defendants under Florida's long-arm statute, but not others.
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844 F. Supp. 743·
S.D. Fla.·
1994-01-18
·cited 6×
The court held that a release agreement bars claims arising from pre-agreement conduct, and that the breach of contract claim failed because the contractual obligation to register stock had not yet been triggered.
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The Task Force is not an advisory committee subject to FACA because its members, including the President's spouse, are considered full-time officers or employees of the federal government. However, the status of the working group requires further determination.
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987 F.2d 142·
2d Cir.·
1993-03-08
·cited 6×
The court held that summary judgment for the defendant on the conversion claim was proper, but reversed summary judgment on the contract claim due to ambiguity and remanded the fraud claim for further proceedings.
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Federal courts lack jurisdiction under LMRA § 301 to hear tortious interference claims against non-signatories of a collective bargaining agreement, and such state law claims are preempted by § 301.
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The court held that the plaintiff has standing to bring a derivative action despite a merger, but has not adequately pleaded demand futility.
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The court held that service of process was insufficient for both defendants because the required acknowledgment of service was not filed, divesting the district court of personal jurisdiction.
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The court held that the district court correctly denied the Teals' motions to set aside the settlement agreement because they were untimely and lacked a basis under Rule 60(b).
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The court held that the district court erred in dismissing the prisoner's § 1983 claim for failure to state a claim, as the complaint alleged sufficient facts regarding unconstitutional deprivation of food and punishment without due process.
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The court held that the dismissal of an employee by a federally funded organization was not state action, and therefore not actionable under 42 U.S.C. § 1983, because the organization's relationship with the state was too tenuous.
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The court held that the workfare program and its administration did not violate the Constitution or Brogan's civil rights, and that adequate state remedies existed for any potential state law claims.
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The court held that the New Jersey two-year statute of limitations for personal injury actions, N.J.S.A. 2A: 14-2, applies to Section 1983 claims, not the six-year residual statute.
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The court held that the plaintiff's administrative claim was timely filed because the statutory period for filing was extended by a Sunday and a snow day, and the government failed to provide sufficient evidence of widespread public awareness of the link between the swine flu vac
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The court held that the termination of workers' compensation benefits by a private insurer, even if based on a doctor's opinion and governed by state statutes, does not constitute state action for purposes of a § 1983 claim unless there is a sufficiently close nexus between the s
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862 F.2d 1423·
10th Cir.·
1988-12-09
·cited 6×
The court held that the plaintiffs' claims for injunctive and declaratory relief under § 1983 were moot, and their claims for punitive damages and under § 1985 were insufficient or withdrawn, warranting dismissal.
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The court held that the complaint sufficiently alleged parent company liability for negligence and that the grant of summary judgment was premature without adequate discovery.
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A state court judge is entitled to absolute immunity from civil damages actions for judicial acts performed within their jurisdiction, even if those acts are later found to be erroneous or in excess of jurisdiction.
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The court held that the documents submitted by the taxpayer constituted a 'purported return' and that the penalty for filing a frivolous return was properly assessed. The court also affirmed the dismissal of the taxpayer's complaint.
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784 F.2d 222·
6th Cir.·
1986-02-24
·cited 6×
A district court must explicitly state it is invoking 28 U.S.C. § 1915(d) and dismissing a complaint as frivolous when ordering a sua sponte dismissal under that statute.
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The court held that the plaintiff's allegations did not sufficiently plead violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) or its predicate offenses, thus affirming the dismissal of the federal claims.
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The court held that the plaintiff had standing to sue under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, and that the amended complaint sufficiently alleged a fraudulent scheme.