-
M.D. Fla.·
2022-04-22
The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
-
M.D. Fla.·
2022-04-21
The court dismissed the Lanham Act, FLSA, negligence, and unjust enrichment claims, declining to exercise supplemental jurisdiction over the remaining state law claims.
-
M.D. Fla.·
2022-03-31
An attorney representing a medical provider sued an opposing counsel and their law firm, claiming they violated the Fair Debt Collection Practices Act (FDCPA) by filing a state court action based on a doctor's lien to collect alleged unpaid medical bills. The court granted summar
-
M.D. Fla.·
2022-01-31
The court held that the complaint failed to establish federal question jurisdiction or diversity jurisdiction, and thus dismissed all counts.
-
M.D. Fla.·
2021-11-23
The court held that the plaintiff failed to state claims for takings, inverse condemnation, and procedural due process against the County and Officer Pisano, and declined supplemental jurisdiction over the negligence claim.
-
M.D. Fla.·
2021-10-26
The court held that the plaintiff failed to state a claim for excessive force and failure to intervene, and declined to exercise supplemental jurisdiction over the state law battery claim.
-
S.D. Fla.·
2021-09-30
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted against any of the federal or state defendants.
-
S.D. Fla.·
2021-09-22
The court held that the Counter-Plaintiffs' claims for fraud in the inducement and indemnification failed to meet pleading standards and were dismissed.
-
M.D. Fla.·
2021-06-25
The court granted in part and denied in part the plaintiff's motion, severing and remanding certain state law claims while denying remand for others and setting a deadline for a second amended complaint.
-
N.D. Fla.·
2021-03-30
The court held that the plaintiff failed to state a federal claim under the ADA and FHA, and also failed to sufficiently allege diversity jurisdiction for state law claims.
-
M.D. Fla.·
2021-03-01
The court is not inclined to exercise supplemental jurisdiction over the state law claim and orders parties to show cause why the case should not be remanded.
-
S.D. Fla.·
2021-02-19
The court adopted the magistrate's report, granting dismissal for several counts while denying dismissal for others, and affirmed supplemental jurisdiction over related state law claims.
-
M.D. Fla.·
2020-12-01
The court held that the Governor's consent to removal was timely, and federal question jurisdiction existed, thus denying the motions to remand.
-
S.D. Fla.·
2020-10-14
The court held that while the plaintiff's breach of contract claim was preempted by Section 301 and thus arose under federal law, it would not be reinstated as a Section 301 claim because the plaintiff failed to plead exhaustion of contractual remedies and the claim was not a hyb
-
M.D. Fla.·
2020-09-24
The court held that an attorney's charging lien is denied when the attorney voluntarily withdraws from representation before a settlement or judgment, forfeiting their claim to fees, and fails to provide sufficient evidence for a quantum meruit recovery.
-
S.D. Fla.·
2020-09-14
The court denied the motion to dismiss, finding that the counterclaim plaintiffs adequately stated claims for tortious interference and violation of the DMCA.
-
S.D. Fla.·
2020-08-27
The court granted the motion to dismiss the third-party complaint, declining to exercise supplemental jurisdiction over state law claims after the original federal claims were settled.
-
N.D. Fla.·
2020-07-17
The court held that the plaintiff failed to state a claim under the ADA and FHA, and also failed to adequately plead diversity jurisdiction for state law claims.
-
M.D. Fla.·
2020-05-15
The court held that a pro se prisoner's complaint alleging a private auto repair shop's negligence in servicing a vehicle fails to state a claim under 42 U.S.C. § 1983 because it does not allege a constitutional violation or state action.
-
M.D. Fla.·
2020-01-06
Plaintiffs sued the City of Fort Myers alleging that its dumping of arsenic-contaminated sludge on a vacant lot decades earlier created an imminent and substantial endangerment to health under the Resource Conservation and Recovery Act, even after the City removed the sludge foll
-
S.D. Fla.·
2019-11-19
The court held that a Title VII claim in an amended complaint does not relate back to an initial state court complaint if the defendant never received notice of the initial complaint's filing.
-
M.D. Fla.·
2019-10-31
The court declined to exercise supplemental jurisdiction over a former attorney's charging lien claim after the underlying action was dismissed, and thus denied motions to reopen the case and dissolve the lien as moot.
-
260 F. Supp. 787·
S.D. Fla.·
2015-03-17
The court granted motions to dismiss for improper service of process and failure to state a claim, finding that defendants were not debt collectors under the FDCPA and that service was insufficient. The court also declined supplemental jurisdiction over state law claims.
-
1990 WL 178675·
S.D. Fla.·
2013-03-28
The court held that Defendant Cox engaged in substantial and not isolated activity within Florida, establishing general personal jurisdiction under Florida's long-arm statute.
-
499 F. Supp. 2d 521·
S.D. Fla.·
2013-01-30
Summary judgment is granted for the School Board on all federal claims because the plaintiffs failed to produce evidence of intentional discrimination or deliberate indifference, and the state law claims are dismissed without prejudice.
-
752 F. Supp. 2d 1274·
S.D. Fla.·
2010-09-28
The court held that the City's denial of a height variance was supported by substantial evidence and did not violate the Federal Telecommunications Act, and declined supplemental jurisdiction over state law claims.
-
651 F. Supp. 2d 1320·
S.D. Fla.·
2008-06-30
The court held that the developer was exempt from the Interstate Land Sales Full Disclosure Act's disclosure requirements because the purchase agreement's two-year completion clause, while conditional, was not illusory and tracked HUD guidelines. The court also declined supplemen
-
565 F. Supp. 2d 1340·
S.D. Fla.·
2008-05-23
The court held that it lacked subject matter jurisdiction over the defendants' counterclaims because they did not arise from a common nucleus of operative fact with the plaintiff's federal claim and diversity jurisdiction was not properly asserted.
-
129 F. Supp. 2d 1341·
S.D. Fla.·
2000-11-17
The court held that the Air Carrier's Access Act does not apply to foreign air carriers operating flights entirely within a foreign country, and thus dismissed the federal claim.
-
61 F. Supp. 2d 1245·
M.D. Fla.·
1998-12-23
The court held that Officer Marshall's actions were objectively reasonable under the Fourth Amendment, thus granting summary judgment on the federal claims and dismissing the state law claims.
-
8 F. Supp. 2d 1361·
N.D. Fla.·
1998-06-17
Summary judgment is granted for Count I as the statute of limitations has run, and the court declines to exercise supplemental jurisdiction over the remaining state law claims.
-
901 F. Supp. 1552·
M.D. Fla.·
1995-04-03
The court held that while claims based on the FDCA, FDA Rules, Fourteenth Amendment, and 42 U.S.C. § 1983 were properly dismissed for lack of federal jurisdiction, a claim under 42 U.S.C. § 1981 for racial discrimination in handling the insurance claim was sufficiently pleaded to
-
997 F.2d 749·
10th Cir.·
1993-06-23
The court held that Colorado's general two-year residual statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. § 1983, even in cases of child sexual assault.
-
996 F.2d 180·
7th Cir.·
1993-06-14
The court held that the district court erred in finding Illinois's license revocation scheme unconstitutional on due process grounds and that the preliminary injunction was improperly granted.
-
983 F.2d 905·
8th Cir.·
1993-01-14
The court held that the federal question and civil rights statutes do not contain an affirmative grant of pendent party jurisdiction as required by Finley v. United States.
-
969 F.2d 721·
8th Cir.·
1992-07-16
The court held that Assistant Attorneys General in Nebraska do not possess a property interest in continued employment that would be protected by the Fourteenth Amendment, and that patronage dismissals are permissible for policymaking positions under the First Amendment.