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S.D. Fla.·
2025-12-29
The court held that when a jury award contains an identifiable amount not permitted by law, the court may modify the verdict without offering a new trial, as this is a correction of legal error, not a traditional remittitur.
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M.D. Fla.·
2025-12-15
The court held that defendants are not entitled to a jury trial for the government's disgorgement claim, and their affirmative defenses of setoff and unclean hands are stricken.
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M.D. Fla.·
2025-11-21
The court held that it lacks subject-matter jurisdiction over the plaintiff's claims because they are barred by the Veterans' Judicial Review Act and that no Bivens claim is available against VA employees in this context.
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S.D. Fla.·
2025-09-24
The court affirmed the Magistrate Judge's Report and Recommendation, granting the motion to dismiss and denying the cross-motion for summary judgment.
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M.D. Fla.·
2025-08-04
The court denied the plaintiff's motion for a temporary restraining order and preliminary injunction.
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M.D. Fla.·
2025-08-01
The court held that certain counterclaims were not impermissible shotgun pleadings, that defendants had standing to pursue a breach of contract claim, and that jury trial demands were waived by contractual provisions.
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S.D. Fla.·
2025-07-02
The court held that a motion to vacate a dismissal order and for leave to amend a complaint is denied because the proposed amendment would be futile.
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M.D. Fla.·
2025-06-10
Special Magistrate Roepstorff is entitled to absolute quasi-judicial immunity, and certain claims against other defendants are dismissed for failure to state a claim or lack of constitutional basis.
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S.D. Fla.·
2025-05-27
The court held that it lacked subject matter jurisdiction because the plaintiff's claims were all state-law based and there was no complete diversity between the parties.
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S.D. Fla.·
2025-01-21
The court denied the motion to withdraw the reference because the pro se appellant failed to provide legal arguments and attempted to circumvent local rules by incorporating other filings.
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M.D. Fla.·
2025-01-06
The court denied motions to withdraw the reference to the bankruptcy court as premature, as discovery was ongoing and the case might settle or be resolved by summary judgment.
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S.D. Fla.·
2024-07-16
The court held that the proposed class definition was not ascertainable and that the plaintiff failed to meet the numerosity requirement for class certification.
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M.D. Fla.·
2024-07-12
The court held that the Federal Arbitration Act mandates arbitration of disputes when a valid arbitration agreement exists and the party resisting arbitration fails to meet their burden.
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M.D. Fla.·
2024-06-11
The court denied the motion to dismiss Count I of the counterclaim but granted the motion to strike the demand for a jury trial and attorney's fees.
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M.D. Fla.·
2024-04-12
The court held that the plaintiff knowingly and voluntarily waived her right to a jury trial through a conspicuous provision in the attorney fee agreement.
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S.D. Fla.·
2023-05-17
A party is not entitled to a jury trial when it seeks only equitable relief, regardless of the underlying cause of action.
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M.D. Fla.·
2022-12-19
The court held that a party's jury demand should not be struck when the case has consistently been treated as a jury trial, even if the remaining counterclaim seeks only equitable relief.
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M.D. Fla.·
2022-10-03
A party may waive its Seventh Amendment right to a jury trial through a knowing and voluntary waiver, and such waivers are enforceable if conspicuous, not unconscionable, and the parties have sufficient bargaining power and sophistication.
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M.D. Fla.·
2022-07-21
A signed employment application containing an explicit jury trial waiver, supported by consideration of employment, is an enforceable contract, and subsequent documents that do not expressly nullify it do not invalidate the waiver.
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S.D. Fla.·
2022-06-24
Plaintiff is entitled to a jury trial because it seeks both legal remedies (actual damages via royalties) and equitable remedies (disgorgement of profits).
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S.D. Fla.·
2022-06-21
The court held that the Seventh Amendment provides a right to a jury trial for claims brought under Title III of the LIBERTAD Act because the claims involve legal rights and seek legal remedies.
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M.D. Fla.·
2022-06-09
A party can contractually waive their Seventh Amendment right to a jury trial if the waiver is made knowingly, intentionally, and voluntarily.
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S.D. Fla.·
2022-02-18
The court held that a claim under the LIBERTAD Act involves a legal right and remedy, entitling the plaintiff to a jury trial.
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M.D. Fla.·
2022-02-08
A contractual waiver of the Seventh Amendment right to a jury trial is enforceable if it is knowing, voluntary, and intelligent, considering factors like conspicuousness, bargaining power, and sophistication.
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M.D. Fla.·
2021-07-19
A jury waiver provision in a contract binds only the signatories unless an alter ego or agency theory is proven, and the waiver's scope is limited to claims arising directly from the contract's performance.
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M.D. Fla.·
2021-07-19
The court held that the plaintiff waived its right to a jury trial for all claims because they arose out of the Production Agreement, which contained a jury trial waiver clause.
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M.D. Fla.·
2021-05-26
The Court granted in part and denied in part the SEC's motion in limine, and denied Defendants' motion in limine without prejudice, allowing certain evidence and arguments to proceed to trial.
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S.D. Fla.·
2021-03-12
The court held that plaintiffs seeking monetary relief for losses under ERISA Section 502(a)(2) are entitled to a jury trial under the Seventh Amendment, despite the claims having historical roots in equity.
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M.D. Fla.·
2020-11-19
The court held that defendants were not entitled to a jury trial in proceedings supplementary to enforce a judgment, as the claims involved equitable remedies under the Uniform Fraudulent Transfers Act.
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S.D. Fla.·
2020-08-04
The court held that defendants are not entitled to a jury trial because the FTC's claims are equitable and seek equitable relief, and that laches, waiver, and reservation of rights are invalid affirmative defenses against the government in this context.
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S.D. Fla.·
2020-06-23
The court held that a motion to withdraw an adversary proceeding from bankruptcy court based solely on a potential jury trial right is premature if the case is not yet ready for trial.
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M.D. Fla.·
2020-04-20
A jury trial waiver in a mortgage agreement is enforceable if it is knowing, voluntary, and intelligent, and such a waiver can be stricken from a complaint at any time.
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S.D. Fla.·
2020-03-19
Contractual jury trial waivers are enforceable in Fair Housing Act claims if knowing and voluntary, and the waiver in the lease agreement was valid.
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S.D. Fla.·
2019-10-30
A party's agreement in a joint conference report to a jury trial, coupled with significant delay in objecting, supersedes a prior contractual jury waiver, and such consent cannot be unilaterally revoked based on mistake.
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M.D. Fla.·
2019-10-15
The court granted the motion to dismiss the City's counterclaim for equitable accounting, finding it failed to state a claim, but granted leave to amend.
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760 F. Supp. 1087·
S.D. Fla.·
2013-04-19
The court held that a plaintiff suing in admiralty jurisdiction, even when compelled by a forum selection clause, is not entitled to a jury trial under Federal Rule of Civil Procedure 38(e).
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76 F. Supp. 2d 1359·
S.D. Fla.·
1999-11-02
The court held that the defendant is not entitled to a jury trial for statutory damages under the Communications Act, as neither the statute nor the Seventh Amendment provides such a right.
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996 F.2d 780·
5th Cir.·
1993-07-30
The court held that the taxpayer was not entitled to a jury trial, that the district court did not err in awarding only $1,000 in damages, and that the district court did not err in denying attorney's fees.
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994 F.2d 1170·
5th Cir.·
1993-07-13
A claimant who fails to read a benefits form and verify its correctness may be held at fault for overpayments, and the Seventh Amendment does not require a jury trial for the government's recovery of social security overpayments through administrative channels.
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991 F.2d 5·
1st Cir.·
1993-04-20
The court held that the employer waived its argument regarding the inconsistency of the jury's verdict by failing to object before the jury was discharged, and that the hypothetical question and damage award were proper.
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988 F.2d 1323·
2d Cir.·
1993-03-24
The dissenting judge believes the court should decide the issue of whether bankruptcy courts have the authority to conduct jury trials, rather than remanding without resolution.
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981 F.2d 916·
7th Cir.·
1992-11-24
The court held that the Fair Housing Act allows the government to seek compensatory damages for aggrieved persons in a pattern or practice case, and that evidence of discrimination against testers can establish a pattern or practice. The court also affirmed Balistrieri's liabilit
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959 F.2d 226·
Fed. Cir.·
1992-03-20
The court affirmed the district court's judgment, holding that the reexamination statute does not unconstitutionally deprive a patentee of a jury trial and that costs were properly assessed against the patentee.
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946 F.2d 327·
4th Cir.·
1991-10-07
A truck dealer has a single franchise encompassing all lines of vehicles sold under a manufacturer's trade name, not separate franchises for each product line.
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941 F.2d 947·
9th Cir.·
1991-08-12
The court held that the district court erred in denying the appellant's Seventh Amendment right to a jury trial on the issue of willfulness.
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934 F.2d 1516·
11th Cir.·
1991-07-10
The court held that the Jury Act provides a right to a jury trial, and that the jury's verdict of coercion and intimidation should be reinstated, but the finding of constructive discharge was not supported by sufficient evidence.
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921 F.2d 745·
8th Cir.·
1990-12-10
Employees seeking backpay for a union's breach of its duty of fair representation have a right to a jury trial, and common issues in hybrid claims against both union and employer should be tried to the jury.
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889 F.2d 644·
5th Cir.·
1989-12-08
The court held that the debtor's procedural arguments regarding delay, withdrawal of counsel, and jury trial rights lacked merit and did not warrant reversal of the involuntary bankruptcy order.
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804 F.2d 478·
8th Cir.·
1986-10-31
The court held that the district court erred in refusing to consider the merits of the plaintiff's requests for injunctive relief and attorney/expert fees, as these equitable matters are for the judge, not the jury, to decide after a verdict.
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682 F.2d 485·
4th Cir.·
1982-07-01
The court held that a district court did not abuse its discretion by allowing a plaintiff to amend his complaint to withdraw a damages claim, thereby converting the remaining issues to equitable ones triable by the court.