News & Analysis as of

Motion to Dismiss Florida

A&O Shearman

Middle District Of Florida Grants Motion To Dismiss Putative Securities Class Action Against Autonomous Vehicle Technology Company...

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On May 31, 2024, Judge Julie S. Sneed of the United States District Court for the Middle District of Florida granted a motion to dismiss a putative securities class action against an autonomous vehicle technology company (the...more

A&O Shearman

Southern District Of Florida Dismisses Suit Against French Content Moderation Company And Previews Acceptable Amended Complaint

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On May 22, 2024, Judge Cecilia M. Altonoga of the United States District Court for the Southern District of Florida granted a motion to dismiss a putative shareholder action asserting claims under Sections 10(b) and 20(a) of...more

Rumberger | Kirk

Florida Supreme Court Affirms Officers’ Authority to Order a Driver out of a Vehicle During a Traffic Stop for Officer Safety

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The Florida Supreme Court recently affirmed what, until recently, had been long standing law: an officer may order a driver out of the vehicle for officer safety during a routine traffic stop without an individualized...more

McGlinchey Stafford

FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

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On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

DarrowEverett LLP on

Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

Klein Moynihan Turco LLP

Carefully Examine Those TCPA Complaints!

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer...more

Faegre Drinker Biddle & Reath LLP

Middle District of Florida Analyzes Standing for Professional Plaintiffs

The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the...more

King & Spalding

Florida Magistrate Judge Rules Against Florida’s Efforts to Prohibit CMS from Enforcing an Informational Bulletin on Health...

King & Spalding on

On January 29, 2023, a Florida Magistrate Judge recommended denying the State of Florida’s Motion for Preliminary Injunction and granting CMS’s Motion to Dismiss in connection with the implementation and enforcement of its...more

Fuerst Ittleman David & Joseph

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home...

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more

White and Williams LLP

To Be or To Be On Behalf Of: That Is the Question

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On August 10, 2022, the U.S. District Court for the Middle District of Florida held, on a motion to dismiss, that losses allegedly caused by fraudulent payment requests by persons purporting to be the insured qualified for...more

Perkins Coie

Florida Court Refuses to Dismiss COVID-19-Related WARN Case Based on Natural Disaster Exception

Perkins Coie on

A judge for the U.S. District Court for the Middle District of Florida, on March 17, 2022, denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Distributed Generation Policy/Net Metering: Florida Appellate Court Addresses Whether Organization Has Standing to Challenge

A District Court of Appeal of Florida (First District) (“Appellate Court”) addressed in a September 9th Opinion an issue arising out of an organization’s challenge of a utility’s Distributed Generation Policy (“DGP”). See...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 13, 2019

Carlton Fields on

Real Property Update - Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more

Troutman Pepper

How Much Control Is Too Much Control? Federal Court In Florida Holds Designers’ Supervision of Project And Issuance Of Design...

Troutman Pepper on

Suffolk Constr. Co. v. Rodriguez & Quiroga Architects Chtd., 2018 U.S. Dist. LEXIS 42652 (S.D. Fla. Mar. 15, 2018) - This case arises out of the design and construction of a science museum in Miami, Florida (the...more

Rumberger | Kirk

Mental Health, Baker Act, and Firearms: What's an Agency to Do?

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Florida’s law enforcement agencies are frequently presented with calls for service involving individuals threatening others or themselves. When qualifying conditions are met, officers may involuntarily commit those who pose a...more

Holland & Knight LLP

Florida Court Deals Big Blow to Plaintiffs Challenging Rural Electric Cooperatives - Ruling Involved Patronage Capital Case Filed...

Holland & Knight LLP on

Since April 2014, seven cases have been filed in Florida against rural electric cooperatives regarding the distribution of patronage capital. In each of these putative class action cases, the plaintiff – a customer and member...more

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