Allen v. Beth Israel Outpatient Surgical Center, LLC
Forty-one plaintiffs appealed the dismissal with prejudice of their 1,492-page, 7,803-paragraph Fourth Amended Complaint alleging medical malpractice, fraud, negligent misrepresentation, civil RICO, and conspiracy against twenty-two medical-provider defendants who allegedly performed 'fake' surgeries to inflate letter-of-protection bills. The Fourth DCA affirmed, holding the shotgun pleading violated Rule 1.110's short-and-plain-statement requirement, failed to plead fraud with specificity, and failed to allege any causal link to actual damages (no plaintiff paid a bill).
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Key facts
- Forty-one plaintiffs sued twenty-two medical providers alleging medical malpractice, fraud, negligent misrepresentation, civil RICO, and conspiracy, claiming defendants performed 'fake' surgeries to inflate letter-of-protection bills.
- The trial court dismissed the Fourth Amended Complaint with prejudice; the complaint was 1,492 pages long with 7,803 paragraphs and incorporated 129 general allegations indiscriminately into nine counts for each plaintiff.
- +2 more key facts with a free trial
Why it matters
A quotable appellate endorsement of dismissal with prejudice for 'shotgun' pleading in Florida state court, confirming that wholesale incorporation of general allegations into every count violates Rule 1.110(b) and that… — full analysis with a trial
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