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
-
1992 WL 208879·
M.D. Fla.·
2014-01-07
The court held that the plaintiff's third amended complaint relates back to the original complaint, thus the wrongful death claims are not time-barred. The court also found that the survival claims were not time-barred as they accrued within the four-year statute of limitations.
-
The court held that the plaintiff lacked standing to challenge the city's zoning ordinance definition of 'adult entertainment establishment' because it failed to demonstrate an actual or imminent injury, redressability, or traceability. Consequently, the court declined supplement
-
The court granted the motion for judgment on the pleadings as to the Class Claims resting on purchases made shortly before the public announcement of the American Baby Sale, finding that the underlying "Brophy" claim was barred by laches because the plaintiffs were on inquiry not
-
128 So. 3d 201·
Fla. 1st DCA·
2013-12-10
A workers' compensation claimant appealed the denial of two petitions for benefits as time-barred. The court affirmed denial of the first petition because the employer timely asserted the statute of limitations defense, but reversed denial of the second petition because the emplo
-
Del. Ch.·
2013-11-27
The Court of Chancery granted in part and denied in part ENI's motion to dismiss KBR's amended counterclaim. The court held that parties can contractually agree to shorter limitations periods, and a survival clause can create such a period. Claims based on non-fundamental represe
-
The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
-
The court held that most of the defendant's counterclaims and third-party claims were properly dismissed for failure to state a claim or due to res judicata and statute of limitations.
-
Del. Super. Ct.·
2013-09-18
The Superior Court correctly dismissed the plaintiff's claims as time-barred by the one-year statute of limitations applicable to wage claims. The court found that the plaintiff's causes of action accrued on the next regularly scheduled payday after her last day of work, which wa
-
The court held that Lopez's common law bad faith claim is dismissed as it does not exist in Florida, and her statutory bad faith claim is barred by the statute of limitations and failure to file a proper Civil Remedy Notice.
-
The court held that personal jurisdiction over Chrysler Canada exists under Florida's long-arm statute and comports with due process, and that the statute of limitations issue requires further factual development.
-
Del. Ch.·
2013-03-26
The Court of Chancery granted summary judgment for the defendant, holding that the plaintiffs' claims were barred by the equitable doctrine of laches. The court found that the plaintiffs had knowledge of their claim, unreasonably delayed in bringing the lawsuit, and that the dela
-
The court held that equitable tolling does not apply because the plaintiff failed to demonstrate any fault or inequitable conduct by the defendant that prevented a timely federal filing.
-
The Court denied the Defendant's Motion to Dismiss. The Court found that the choice-of-law provision in the agreement dictated Delaware law. The Court also found that the Plaintiff's claims were not barred by the statute of limitations due to tolling doctrines, specifically the d
-
The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.
-
A subrogated insurer's claim under the Federal Tort Claims Act is barred if the insured failed to file an administrative claim within the statutory period, and equitable tolling is generally not applicable to such claims.
-
127 So. 3d 575·
Fla. 4th DCA·
2012-11-28
The court held that a petition for belated appeal does not toll the time limit for seeking postconviction relief.
-
-
97 So. 3d 864·
Fla. 4th DCA·
2012-08-15
M.J.O. Holding Corporation's lawsuit against John Heller and others for torts arising from a 2003 pawn shop inventory seizure was properly dismissed because the complaint was filed after the four-year statute of limitations expired. The court rejected M.J.O.'s argument that the l
-
The Delaware statute of limitations was tolled by the pendency of a class action in another jurisdiction, and the plaintiff's claim is not barred. The court rejected arguments against cross-jurisdictional tolling, a mass tort exception, and the finality of a prior federal forum n
-
The Court of Chancery denied Morgan Stanley's motion to dismiss the claims related to the Original Loans, adhering to the Delaware Supreme Court's prior ruling. However, the court granted Morgan Stanley's motion to dismiss the claims related to the New Loans (including New Agency
-
Del. Ch.·
2012-07-31
The appellate court affirmed the trial court's decision, holding that the plaintiffs' claims for breach of contract, violation of the California Uniform Trade Secrets Act (CUTSA), and common law misappropriation were barred by the equitable doctrine of laches. The court found tha
-
The Court held that Karla M. Rodriguez-Colon's forfeiture claim was untimely and that she lacked standing as an unsecured creditor to contest the forfeiture.
-
-
Del. Super. Ct.·
2012-05-15
The court granted summary judgment for the defendant, Dryvit Systems, Inc., finding that the plaintiff's breach of warranty claims were barred by the statute of limitations and that the plaintiff failed to comply with the warranty's notice provisions and exclusion clauses. The co
-
The court granted the motion to dismiss, holding that Microsoft lacked standing to bring derivative claims because it failed to obtain leave from the British Virgin Islands High Court as required by BVI law. The court also dismissed Microsoft's direct claims as time-barred by the
-
75 So. 3d 402·
Fla. 5th DCA·
2011-12-02
The State appealed the dismissal of a felony DUI charge against Kirchhof based on expiration of the statute of limitations. The court affirmed the dismissal, holding that the three-year limitations period for felony DUI expired before the State filed the felony information, and t
-
The court held that summary judgment is granted for the defendants because the plaintiff failed to present evidence supporting her claims and several claims were time-barred.
-
794 F. Supp. 2d 1341·
S.D. Fla.·
2011-08-22
The court held that the statute of limitations for the bonds began to run at their maturity or validation dates, and that New York's 20-year statute of limitations does not apply because Germany is not a 'person' under the relevant statute and the bonds are secured by more than j
-
The Court of Chancery granted the defendant's motion to dismiss a breach of contract claim, holding that the plaintiff's claim was time-barred by the contract's "Survival Clause." The clause limited the survival of the "Design Representations" and the "sole and exclusive remedy"
-
Del. Super. Ct.·
2011-05-31
The court denied the defendant's motion to dismiss, which was treated as a motion for summary judgment. The court found that genuine issues of material fact existed regarding the unconscionability of the homebuyer warranty's arbitration provision, the interpretation of conflictin
-
Plinio Gonzalez appeals the Florida Department of Financial Services' revocation of his insurance license based on alleged fraud and misrepresentation. The court affirms the revocation, holding that Gonzalez's untimely filing of his administrative hearing request—two days late du
-
51 So. 3d 551·
Fla. 1st DCA·
2010-12-21
Florida appellate court reversed a statute of limitations bar to a workers' compensation claim for hearing aid maintenance, holding that the one-year limitations period is tolled if the employer or carrier has knowledge of the claimant's continued use of prosthetic devices.
-
51 So. 3d 525·
Fla. 3d DCA·
2010-12-15
A civil conspiracy cause of action does not accrue until all elements are satisfied, including damages. Anthony's claim accrued in 2007 when an appellate reversal freed him to pursue PAML legally, not in 2004 when the records were wrongfully taken, so his December 2008 complaint
-
46 So. 3d 1194·
Fla. 1st DCA·
2010-11-05
The Florida First District Court of Appeal dismissed an appeal from a workers' compensation order as non-final and therefore non-appealable. The lower court's order merely tolled the statute of limitations for a potential knee replacement surgery claim without addressing the clai
-
15th Cir. Ct. App. Div.·
2010-10-21
State National Insurance Company appealed the trial court's dismissal of its equitable subrogation claim against Victor Michael, arguing it adequately pleaded the cause of action despite a four-year statute of limitations argument. The appellate court reversed, holding that the s
-
Scott sought to vacate his sentence as a career offender under 28 U.S.C. § 2255, arguing that his prior conviction for carrying a concealed firearm did not qualify as a crime of violence. The district court held that although Scott's motion was untimely filed under the AEDPA's on
-
The court held that the plaintiff's lawsuit was time-barred by the cruise ticket contract's one-year limitations period and that equitable tolling did not apply.
-
Hannah appeals the dismissal of her personal injury negligence lawsuit against Olivo for failure to timely effect service of process. The Fifth District reversed, holding that defective service made within the applicable time period does not warrant dismissal, as the service rule
-
A Florida appellate court affirmed a trial court's order recognizing an unmarried servicemember father's paternity rights and denying prospective adoptive parents' petition to terminate those rights, without deciding constitutional questions about the Putative Father Registry req
-
The Florida Department of Financial Services imposed an eighteen-month suspension of Seavor's insurance license after she failed to timely file a petition for an administrative hearing on alleged statutory violations. The court affirmed the dismissal of her petition and denial of
-
The Court denied the defendants' motion to dismiss the shareholder derivative complaint. The Court found that the complaint adequately pleaded demand futility, as the directors faced a substantial threat of personal liability due to their involvement in insider trading and a comp
-
695 F. Supp. 2d 1361·
S.D. Fla.·
2010-02-19
The court held that the government failed to meet its burden to show by a preponderance of the evidence that the defendant fled the jurisdiction with the intent to avoid prosecution, thus the statute of limitations was not tolled.
-
22 So. 3d 124·
Fla. 1st DCA·
2009-10-30
In a workers' compensation appeal, the Florida First District Court of Appeal reversed the dismissal of a claimant's petition for benefits, holding that the deputy chief judge erred by dismissing the petition for reasons not enumerated in the statute. The court found that a petit
-
The court held that the Non-Competition covenant in the Asset Purchase Agreement was breached by Defendants WSP and Neary. The court found the covenant to be unambiguous and applicable to HD plasma cutting work, not just oxyfuel. Consequently, WSP and Neary were found liable for
-
The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiff lacked standing to pursue derivative claims due to a merger, that the board of directors was entitled to the protection of the business judgment rule and satisfied its Revlon duties, and t
-
Emilio Blaisdell appealed a decision denying him unemployment benefits after his employer PDQ Internet Auctions LLC filed a late appeal. The court held that the employer's appeal was untimely under Florida Statute section 443.151(4)(b)1, which provides a 20-day deadline from the
-
13 So. 3d 72·
Fla. 3d DCA·
2009-05-13
The State appealed the dismissal of criminal charges against Suarez for grand theft and burglary, arguing that the statute of limitations was tolled because Suarez was incarcerated in federal prison. The court held that incarceration in a federal prison within Florida does not co
-
The court held that the statute of limitations for filing a forfeiture complaint should be equitably tolled because the government acted in good faith when it rejected the claimant's initial verified claim.
-
Del. Super. Ct.·
2009-02-13
The appellate court reversed the dismissal of the Mickens' lawsuit for failure to prosecute, finding that the dismissal was not appropriate under Florida Rule of Civil Procedure 1.420(e).
-
The Court of Chancery has subject matter jurisdiction over the action based on allegations of alter ego and piercing the corporate veil. The motion to dismiss for failure to comply with Rule 3(aa) is denied as moot. The motion to dismiss for failure to state a claim is granted in