2,208 Florida cases classified under this topic, plus 1,245 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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S.D. Fla.·
2024-06-21
Plaintiffs who certified under Pretrial Order 72 that they would file claims in federal court and agreed to be estopped from opposing dismissal of diversity-destroying defendants cannot prevail on claims against non-diverse defendants, satisfying the fraudulent joinder standard.
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The court held that the petitioner's motion to vacate sentence was untimely and dismissed it.
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The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
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The court held that the plaintiffs' claims are barred by the statute of limitations because they had sufficient notice of their injury and its potential cause more than four years before filing suit.
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A woman alleged she was a victim of sex trafficking at a Choice Hotels franchised property in Orlando, Florida for approximately three months in 2013, and brought claims under the Trafficking Victims Protection Reauthorization Act against both the hotel owner/operator and the fra
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The court held that the petitioner's motion to vacate his sentence was time-barred and that his constitutional challenges to the statute under which he was convicted were foreclosed by binding precedent.
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
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The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither the actual innocence exception nor equitable tolling applied.
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The court held that it lacked jurisdiction to review the petition for review because it was filed one day late and the filing deadline under the Black Lung Benefits Act is jurisdictional. The court also held it lacked jurisdiction to review the denial of the motion for reconsider
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The court held that it lacked subject-matter jurisdiction over Ms. Reca's claims, the petition to quash the summons was untimely, and the IRS issued the summons in good faith, warranting dismissal.
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The court held that the movant's motion to vacate his convictions was untimely filed and therefore dismissed.
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M.D. Fla.·
2024-05-13
The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Florida's four-year statute of limitations for personal injury actions.
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Del. Super. Ct.·
2024-05-10
The court granted summary judgment for the defendants, holding that the plaintiff's claims for injuries from mold exposure were time-barred by the statute of limitations. The court found that the plaintiff was on "inquiry notice" of his potential claim no later than July 2019, wh
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The Delaware Court of Chancery held that the plaintiff's claims challenging decades-old fiduciary misconduct were barred by the doctrine of laches due to unreasonable delay and resulting prejudice to the defendants. However, the court found that the 2018 merger was not entirely f
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The court granted summary judgment for the Commissioner, finding the plaintiff's claim time-barred and not subject to equitable tolling.
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The court held that the applicant's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act and denied a certificate of appealability.
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Marcia Taylor sued the Department of Homeland Security, alleging discrimination, retaliation, constructive discharge, false claims violations, and nepotism based on her treatment during employment and in hiring decisions. The court dismissed all five counts—the employment discrim
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A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.
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S.D. Fla.·
2024-04-29
The court granted in part and denied in part GM Law's motion in limine, and granted Plaintiffs' motion in limine, ruling on various evidentiary issues for the upcoming trial.
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M.D. Fla.·
2024-04-26
The court held that the plaintiff's claims are not time-barred because the dismissal of the complaint did not terminate the action, and that an enforceable arbitration agreement was formed by the plaintiff's failure to opt out of the employer's arbitration program.
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M.D. Fla.·
2024-04-26
Perez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state court convictions for lewd and lascivious battery and molestation of a 14-year-old victim. The district court dismissed the amended petition as time-barred under AEDPA's one-year statu
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The court held that a motion to vacate a conviction under 28 U.S.C. § 2255, based on a challenge to the constitutionality of 18 U.S.C. § 922(g)(1), is time-barred by the one-year statute of limitations, even if framed as a jurisdictional challenge.
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S.D. Fla.·
2024-04-24
The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitations period prescribed by AEDPA, and the petitioner failed to establish an exception for actual innocence.
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M.D. Fla.·
2024-04-19
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
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The court held that the plaintiff's discrimination claims were time-barred because he failed to file suit within 90 days of receiving notice of the final agency decisions.
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The court held that the petitioner's federal habeas petition was untimely because his state court judgment became final on May 14, 2012, and the subsequent Florida Supreme Court actions did not extend the finality date.
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M.D. Fla.·
2024-04-16
The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
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The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2024-04-09
The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
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M.D. Fla.·
2024-04-09
The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
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M.D. Fla.·
2024-03-29
A female employee sued Crowley Maritime Corporation and her supervisor Juan Emilio Blanco for sex trafficking under the federal Trafficking Victims Protection Act (TVPRA) and for sexual battery under Florida law, alleging that she was recruited and transported to Jacksonville for
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A motion to vacate convictions under 28 U.S.C. § 2255 is time-barred if not filed within the one-year statute of limitations imposed by AEDPA, even if it raises jurisdictional challenges.
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Fla. 1st DCA·
2024-03-27
A defendant cannot file a successive rule 3.850 motion claiming newly discovered facts based on counsel's misadvice when the movant could have discovered the misadvice upon the trial court's denial of the first 3.850 motion.
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The court conditionally certified a collective action for security guards alleging unpaid minimum and overtime wages under the FLSA, but required amendments to the proposed notice and consent forms.
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M.D. Fla.·
2024-03-25
The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2024-03-20
The federal habeas petition is dismissed as time-barred because the petitioner's state postconviction motion was untimely and therefore did not toll the one-year limitations period under AEDPA.
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The court held that a defendant has no constitutional right to counsel for a petition for rehearing en banc, and the defendant failed to show an actual conflict of interest adversely affecting counsel's performance on appeal.
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The court held that the motion to vacate under 28 U.S.C. § 2255 was dismissed as time-barred because it was filed outside the one-year limitations period and no equitable exceptions applied.
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M.D. Fla.·
2024-03-06
The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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Fla. 6th DCA·
2024-03-01
The appellate court reversed a summary judgment, holding that the statute of limitations for an underinsured motorist (UM) claim was tolled until the tortfeasor's liability limits were paid. This decision clarifies that policy provisions requiring exhaustion of tortfeasor's insur
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The Court of Chancery granted Defendants' motion to dismiss, holding that the Plaintiffs' breach of contract claim was untimely under both the contractual twelve-month limitation period and the statutory three-year period. The Court further found that the Plaintiffs' equitable cl
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The court held that the petitioner's motion to vacate his sentence was untimely and lacked merit, and therefore denied the motion.
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The court held that the habeas corpus application was time-barred because it was filed more than three years after the federal limitation period expired.
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M.D. Fla.·
2024-02-23
The court denied the inmate's motion to proceed in forma pauperis without prejudice and denied an inmate's request to appear as amicus curiae.
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The court held that the petitioner failed to provide sufficient evidence to establish the timeliness of his § 2254 petition under the prison mailbox rule, and thus the petition was dismissed as untimely.
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S.D. Fla.·
2024-02-09
Issac Rodly Louinste petitioned for a federal writ of habeas corpus challenging his conviction for attempted first-degree murder. The district court dismissed the petition as untimely under the one-year filing deadline prescribed by 28 U.S.C. § 2244(d)(1)(A), finding that petitio
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The court held that the petitioner's motion to vacate his sentence was time-barred under 28 U.S.C. § 2255.