David Seymour Leibowitz
How Judge Leibowitz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At summary judgment, Leibowitz preserves a contract dispute for trial when the threshold question of whether an agreement was signed remains genuinely disputed; he will not reach interpretation until validity is resolved.
“A genuine dispute exists as to whether Plaintiff Baloa Diaz signed the Recording Agreement and thus whether the contract is valid.”
Procedural preferences
After a final opportunity to amend, Leibowitz denies further leave when the proposed pleading adds no facts that cure the identified legal defect. In Button, futility and Florida's single-publication rule supported dismissal with prejudice.
“the Motion [ECF No. 55] is DENIED as any amendment would be futile. This case is DISMISSED WITH PREJUDICE.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant's Motion to Dismiss Plaintiffs' Complaint [ECF No. 52] is GRANTED. ... Plaintiffs' Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE as to Defendant Newcoast Financial Services, LLC.”
“For the reasons stated above, it is hereby ORDERED AND ADJUDGED that the Motion [ECF No. 18] is DENIED. Defendants shall submit their answers to the Complaint no later than May 23, 2025.”
“the Motion [ECF No. 24] is GRANTED IN PART and DENIED IN PART. Statements 1 through 6, Statement 13, and Statement 14 of the Complaint are DISMISSED WITH PREJUDICE. Statements 7 through 12 of the Complaint are DISMISSED WITHOUT PREJUDICE.”
“the Defendant's Motion to Dismiss [ECF No. 7] is GRANTED. Plaintiffs' Complaint [ECF No. 1-1] is DISMISSED WITHOUT PREJUDICE AND WITHOUT LEAVE TO AMEND. The Clerk of Court is directed to CLOSE this case.”
“Defendants' Motion for Summary Judgment [ECF No. 47] is GRANTED as to Plaintiff's federal claims. Plaintiff's remaining state claims are REMANDED to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida.”
“summary judgment must be granted in favor of the Defendants on Counts I and II, which are DISMISSED... summary judgement must be granted in favor of the Defendants on the FLSA retaliation counts (Counts IV and IX) which are DISMISSED.”
“Accordingly, summary judgment is GRANTED on this issue... For these reasons, summary judgment is denied. Bobadilla's FLSA wage and hour claims (Counts III and VIII) may proceed to trial.”
“For the foregoing reasons, it is ORDERED AND ADJUDGED that Plaintiff's Motion for Entry of Default Final Judgment [ECF No. 35] is GRANTED. Default final judgment and a permanent injunction shall be entered by separate order pursuant to Federal Rule of Civil Procedure 58.”
“the Report and Recommendation [ECF No. 74] is AFFIRMED AND ADOPTED. Plaintiff's Motion for Preliminary Injunction [ECF No. 12] is GRANTED. Defendant's Objections [ECF No. 85] are OVERRULED.”
“Defendant's Motion to Dismiss [ECF No. 72] is GRANTED to the extent that it is directed to the claims brought pursuant to 42 U.S.C. § 1983, and DENIED to the extent that it is directed to the claims brought pursuant to Florida law. Counts I and V of the Complaint pursuant to 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE.”
“Chetu's Motion for Summary Judgment [ECF No. 101] on Count II of Blue Chip's Second Amended Complaint is DENIED... Chetu's Motion for Summary Judgment [ECF No. 101] on Count IV of Blue Chip's Second Amended Complaint is GRANTED on Blue Chip's theory that Chetu falsely represented that it dedicates an entire team of qualified professionals to each project; and DENIED on the theory that Chetu aggressively enforces the SLAPP Clause.”
“Blue Chip's Motion for Summary Judgment [ECF No. 103] on Count II of Blue Chip's Second Amended Complaint is GRANTED on the theory that the contract's termination clause was breached. Blue Chip is entitled to damages in the amount of $156,000.00 for Chetu's breach.”
“ORDER DENYING 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Cedi Pacheco. No Certificate of Appealability shall issue. Signed by Judge David S. Leibowitz on 6/7/2024.”
“For the following reasons, the Motion [ECF No. 10] is DENIED WITHOUT PREJUDICE... Because the Court concludes that there is not yet a proper showing that it has subject-matter jurisdiction, the Court's consideration of the case should end here.”
Put Judge Leibowitz's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Leibowitz actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Leibowitz's own signed orders and cites them.