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979 F.2d 1548·
D.C. Cir.·
1992-12-01
·cited 1×
The court held that the trade associations have standing to sue and upheld the Secretary of the Interior's regulations for assessing individual civil penalties under SMCRA, finding them neither arbitrary nor capricious.
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789 F. Supp. 1552·
S.D. Fla.·
1991-12-03
·cited 1×
The District Court for the Southern District of Florida granted preliminary injunctive relief to the Haitian Refugee Center (HRC) and individual Haitian plaintiffs challenging the U.S. government's forced repatriation of Haitians interdicted at sea without adequate procedural saf
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724 F. Supp. 888·
S.D. Fla.·
1989-02-21
·cited 1×
State Senator Carrie Meek and others challenged Florida's intrastate funding formula for distributing federal Older Americans Act (OAA) Title III funds among eleven planning and service areas (PSAs), arguing the formula violated the OAA, Title VI of the Civil Rights Act of 1964,
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596 F. Supp. 1231·
S.D. Fla.·
1984-09-20
·cited 1×
The court held that NaBanco failed to prove its antitrust claims against VISA, and judgment was entered in favor of VISA.
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418 So. 2d 1132·
Fla. 1st DCA·
1982-08-16
·cited 1×
The court held that Panama City lacked standing to challenge the Board of Trustees' disclaimers of state-owned land.
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557 F.2d 456·
5th Cir.·
1977-08-12
·cited 1×
The court held that the plaintiff lacked standing to bring a claim under the Anti-Pinkerton Act but had standing under the False Claims Act, though ultimately failed to state a claim under the latter. The court also found no abuse of discretion in the judge's refusal to recuse.
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M.D. Fla.·
2025-09-30
Two dog rescue organizations challenged a 2024 CDC regulation requiring dogs imported into the United States to be at least six months old, arguing the age restriction exceeded the agency's authority and was arbitrary and capricious, particularly as applied to rabies-free Caribbe
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N.D. Fla.·
2025-09-08
The court held that the plaintiff failed to establish Article III standing because he did not allege a concrete, particularized, and actual or imminent injury.
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11th Cir.·
2024-10-02
Jeffrey Hayes petitions for review of the Benefits Review Board's decision affirming the denial of Black Lung Benefits to his deceased father, Ermine Hayes. The former employer moved to dismiss for lack of jurisdiction, but the court held that Jeffrey Hayes has standing as a pers
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M.D. Fla.·
2024-09-19
The court held that plaintiffs have standing to bring their Fair Housing Act claims, but their claims for segregative effect are dismissed for failure to state a claim. Disparate impact claims require further factual development.
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S.D. Fla.·
2024-08-06
The court recommended granting summary judgment on the direct false advertising claim but denying it on the Lanham Act standing, contributory false advertising, and negligence claims.
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Del.·
2024-06-28
The Delaware Supreme Court reversed the Superior Court's judgment, holding that the plaintiffs lacked standing to challenge the Permanent Absentee Statute and the Early-Voting Laws. The court found that neither plaintiff had alleged an injury in fact that was concrete, actual or
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M.D. Fla.·
2024-05-22
The court held that the plaintiff has standing to bring her discrimination claims and sufficiently pleaded intentional discrimination, thus denying the defendant's motion to dismiss.
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Del. Super. Ct.·
2024-02-29
The Board of Adjustment's decision to grant variances for an apartment complex is affirmed. The appellant failed to establish standing, and even if standing were present, the Board's decision was supported by substantial evidence and free from legal error. The court found that th
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M.D. Fla.·
2023-12-19
The court held that the complaint must be dismissed without prejudice for lack of subject matter jurisdiction because the plaintiff failed to adequately invoke federal question or diversity jurisdiction.
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78 F.4th 1286·
11th Cir.·
2023-08-22
A trademark licensee, even a nonexclusive one, can bring a claim for unfair competition under the Lanham Act if they are likely to be damaged and their interests fall within the statute's zone of protection, unless the licensing agreement expressly bars such action.
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Del. Super. Ct.·
2022-04-28
The Court reversed in part and affirmed in part the Environmental Appeals Board's decision, holding that four of the individual appellants had standing to appeal the Secretary's Order, while one appellant did not. The Court also affirmed the Board's decision not to hold a separat
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M.D. Fla.·
2021-12-27
The court held that while State Farm sufficiently alleged standing and deceptive acts under FDUTPA, it failed to allege actual damages or loss, thus dismissing claims for damages under FDUTPA and unjust enrichment.
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Fla. 1st DCA·
2021-08-19
The court reversed a final order that found the Division of Pari-Mutuel Wagering engaged in unadopted rulemaking by renewing Calder Race Course's slot machine gaming license. The appellate court found that SCF, Inc. lacked standing to bring the challenge because its alleged injur
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Fla. 1st DCA·
2021-08-19
The court reversed a final order that found the Florida Department of Business & Professional Regulation engaged in unadopted rulemaking by renewing a slot machine gaming license. The reversal was based on the petitioner, SCF, Inc., lacking standing to bring the challenge.
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Fla. 1st DCA·
2021-05-19
This case involves an appeal challenging an administrative law judge's (ALJ) order invalidating a proposed rule defining items "customarily sold in a restaurant" for liquor license purposes. The appellate court affirmed the invalidation of the rule but reversed the ALJ's finding
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Fla. 1st DCA·
2021-05-19
The appellate court affirmed an administrative law judge's (ALJ) decision invalidating a Florida administrative rule that defined "customarily sold in a restaurant" for liquor license purposes. The court found the rule was an invalid exercise of delegated legislative authority be
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11th Cir.·
2021-05-17
Greg, Reid, and Andrew Tolar appealed the dismissal of their Title VII third-party retaliation claims against Marion Bank and its law firm Bradley Arant, alleging the bank retaliated against them for their relative Ragan Youngblood's sexual harassment complaint by pursuing aggres
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M.D. Fla.·
2020-11-10
The court held that the plaintiff failed to present evidence that the defendant attorney advised clients to stop making payments, thus failing to establish tortious interference, and that the attorney's conduct in pursuing legal remedies was not 'trade or commerce' under FDUTPA.
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M.D. Fla.·
2020-09-30
The court held that the Army Corps of Engineers did not act arbitrarily or capriciously in approving a beach nourishment project, finding compliance with NEPA, CWA, ESA, and MMPA.
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M.D. Fla.·
2020-09-25
The court held that the plaintiff lacked standing to bring claims under the FDCPA and FCCPA because he was not obligated on the mortgage loan when the convenience fees were incurred, thus failing to demonstrate an injury-in-fact.
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S.D. Fla.·
2019-10-08
The court held that the plaintiff has statutory standing for its Lanham Act claim and that the alleged statements are actionable, but dismissed the declaratory judgment claim as seeking an impermissible advisory opinion.
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M.D. Fla.·
2019-09-26
The court held that the plaintiffs lacked Article III standing because they failed to demonstrate a substantial likelihood of future injury and failed to show redressability.
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M.D. Fla.·
2019-08-20
The court held that the defendants' motions to dismiss the plaintiffs' claims for false advertising, contributory false advertising, and violation of Florida's Deceptive and Unfair Trade Practices Act were due to be denied.
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263 So. 3d 125·
Fla. 4th DCA·
2018-10-31
# LEGAL BRIEF
**Bluefield Ranch Mitigation Bank Trust v. South Florida Water Management District**, 4D16-3023 (Fla. App. 4th Dist. 2018): The Fourth District Court of Appeal reversed the District's dismissal of a mitigation bank's petition challenging a road-widening permit, hol
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Del. Ch.·
2015-12-31
The Delaware Court of Chancery granted summary judgment for the defendants on most claims, finding many were time-barred, lacked standing, or failed to state a claim. The court reserved decision on the plaintiff's private and public nuisance claims, and negligence claims, pending
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2015 U.S. Dist. LEXIS 149644·
S.D. Fla.·
2015-11-02
The court held that the plaintiff lacked standing under the FDCPA because she was not obligated to pay the debt, and the notices provided were not deceptive or misleading to the least sophisticated consumer.
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M.D. Fla.·
2014-09-19
The court held that plaintiffs have standing to bring claims under NEPA and FAHA, but claims challenging the 2004 agency action are barred by the statute of limitations.
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Del. Ch.·
2014-09-05
The Court of Chancery granted the City's motion to dismiss. The court found that the plaintiff, Walker, had standing to pursue claims under the Delaware Fair Housing Act (DFHA) as an "aggrieved person" due to his association with the property and his indirect financial injury. Ho
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687 F. Supp. 2d 1342·
S.D. Fla.·
2010-01-22
The court held that the exclusive franchise agreement and city ordinance did not violate the Dormant Commerce Clause because the bidding process was fair and open, and the agreement did not discriminate against interstate commerce.
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Del. Super. Ct.·
2009-12-30
The Superior Court affirmed the City Council's decisions approving the subdivision applications, finding the petition for certiorari was timely filed under 10 Del. C. § 8126, or alternatively, exercising discretion to excuse a late filing. The court also found the petitioners had
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Del. Ch.·
2009-05-13
The court held that plaintiffs lacked standing to challenge the annexation of the properties because they did not demonstrate an injury-in-fact or that their interests were within the zone of interests protected by annexation procedures. However, the court found that plaintiffs d
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Del. Ch.·
2006-01-18
The Court held that the rezoning of the Kohl Property to C-3 was invalid because it was inconsistent with the Town's comprehensive plan in effect at the time. The Court found that the plan projected industrial and office uses for the property and expressly advised against convert
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Del.·
2003-12-02
The Delaware Supreme Court held that landowners within a historic district and the Dover Historical Society have standing to challenge the Planning Commission's approval of a new office building. The Court reversed the Superior Court's dismissal of these parties' claims, finding
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208 F. Supp. 2d 1320·
S.D. Fla.·
2002-05-07
The court held that the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge and that the plaintiffs have standing to bring their claims.
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139 F. Supp. 2d 1349·
N.D. Fla.·
2001-04-10
The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, primarily due to lack of standing and ripeness, and that the Navy's interpretation of the study 'initiation' date was permissible.
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35 F. Supp. 2d 1358·
M.D. Fla.·
1999-02-02
The court held that the plaintiffs lacked standing to bring their claims because they did not suffer a direct or threatened injury, and the challenged statutes were not substantially overbroad.
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997 F.2d 231·
7th Cir.·
1993-06-15
The court held that plaintiffs have standing to sue the federal Secretary of Health and Human Services regarding alleged violations of Medicaid regulations, but affirmed the district court's dismissal because the plaintiffs failed to state a viable claim against either the federa
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989 F.2d 1012·
9th Cir.·
1993-03-19
The court held that the alien's complaint was properly dismissed because he failed to state a claim under the Mandamus and Venue Act or the Administrative Procedure Act.
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984 F.2d 1243·
D.C. Cir.·
1993-02-16
The court held that the EPA's regulations governing procurement of products containing recovered materials, including the incidental purchases exception, were a reasonable interpretation of the Resource Conservation and Recovery Act (RCRA) and were promulgated with adequate reaso
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980 F.2d 498·
8th Cir.·
1992-11-20
The court held that the appellant lacked standing to bring an action under 25 U.S.C. § 81 because he alleged no injury and was not within the zone of interests protected by the statute.
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963 F.2d 795·
5th Cir.·
1992-06-22
The court held that Trinity Industries lacked standing to bring its action because its alleged injuries were too speculative to invoke federal court jurisdiction.
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962 F.2d 1101·
2d Cir.·
1992-04-29
The court held that the plaintiff had standing to bring an Establishment Clause claim based on his personal injury as a resident and as a parent, and reversed the district court's dismissal on that ground.
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958 F.2d 659·
5th Cir.·
1992-04-20
The court held that the plaintiffs lacked standing to sue because they failed to allege specific facts showing direct injury to their members, and their remaining claim against the Corps was not ripe for review.
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954 F.2d 745·
D.C. Cir.·
1992-01-31