Aiding And Abetting

3,842 Florida cases classified under this topic · sorted by citation count

• Lupin Atlantis Holdings SA v. Zeng
  S.D. Fla.· 2024-10-15
  The court granted in part and denied in part the defendants' motion to dismiss, finding that the plaintiffs adequately alleged claims for misappropriation of trade secrets and breach of contract, but further analysis was needed for other claims.
• MAC Isaac v. C.A. No. S22C-10-012 RHR Cable News Network, Inc.
  Del. Super. Ct.· 2024-09-30
  The appellate court affirmed the trial court's decisions, granting motions to dismiss for CNN, Politico, and the Biden for President Campaign Committee, and granting summary judgment for Robert Hunter Biden. The court also granted the plaintiff's motion to dismiss Biden's counter
• Baxter v. Wexford Health Sources, Inc.
  M.D. Fla.· 2024-09-18
  The court held that genuine disputes of material fact preclude summary judgment on the Eighth Amendment deliberate indifference claims against the individual medical defendants, but granted summary judgment for Dr. Berrios on the retaliation claims.
• Gen. Dynamics Elec. Boat Corp. v. Skobic
  M.D. Fla.· 2024-09-13
  The court held that the defendants failed to demonstrate good cause and reasonableness for a stay of discovery pending resolution of their motion to dismiss.
• The Escal Inst. of Advanced Techs., Inc. v. Treadstone 71, LLC
  M.D. Fla.· 2024-09-11
  State law claims for unjust enrichment, deceptive trade practices, and unfair competition are preempted by federal copyright law when they are based on the same allegations as the copyright infringement claim and lack an 'extra element'.
• Perlman v. Bolder Fund Servs. (Cayman), Ltd.
  S.D. Fla.· 2024-08-27
  The court held that a mandatory forum selection clause in a delegation agreement, applied through the close relationship test, required dismissal of claims against Bolder USA and Bolder Group Holding, but not against Bolder Cayman.
• In re the Niki & Darren Irrevocable Tr. & the N & D Del. Irrevocable Tr. C.A. No. 2019-0302-Sg
  Del. Ch.· 2024-07-24
  The Court held that the attempted decanting of assets from the 2012 Trust to the 2014 Trust was a nullity because the trustees lacked the statutory authority to invade the principal of the 2012 Trust. Consequently, equity did not support the transfer of assets, and the assets wer
• Matrix Parent, Inc. v. Audax Mgmt. Co., LLC
  Del. Super. Ct.· 2024-06-27
  The Delaware Superior Court granted in part and denied in part the defendants' motion to dismiss. The court found that it lacked personal jurisdiction over the individual defendants, dismissing all claims against them. The court also dismissed the plaintiffs' unjust enrichment cl
• Simmons v. USI Ins. Servs. LLC
  M.D. Fla.· 2024-06-18
  The court held that restrictive covenants in employment agreements were lawful, valid, and enforceable, and that former employees breached these covenants by failing to provide notice and by soliciting clients and employees.
• Conn. Gen. Life Ins. Co. v. Mayberg
  S.D. Fla.· 2024-06-05
  The Court adopts the Magistrate Judge's Report and Recommendation, granting in part and denying in part the Defendants' Motion to Dismiss.
• Bander v. Aerovanti, Inc.
  M.D. Fla.· 2024-06-04
  The court held that it lacked subject matter jurisdiction due to a failure to allege complete diversity of citizenship, requiring dismissal of the complaint and setting aside of default judgments.
• Yangaroo Inc. v. Digit. Media Servs., Inc.
  Del. Super. Ct.· 2024-05-30
  The court granted motions to dismiss for Centerfield I (due to dissolution) and SR Capital (lack of personal jurisdiction). The court dismissed the tortious interference claim against all moving defendants and the unjust enrichment claim against BDO. The court denied motions to d
• Sec. & Exch. Comm'n v. Prager Metis CPAs, LLC
  S.D. Fla.· 2024-05-29
  The court held that the SEC's allegations were sufficient to state a claim for auditor independence violations and aiding and abetting claims, denying the motion to dismiss.
• Sec. & Exch. Comm'n v. Davison
  M.D. Fla.· 2024-05-17
  The court recommends granting the Special Counsel's motions for attorney's fees and costs, including interest, based on the approved contingency fee agreement and reasonable expenses incurred in recovering a common fund.
• In re Columbia Pipeline Grp.
  Del. Ch.· 2024-05-15
  The Delaware Court of Chancery held that the buyer (TransCanada) was entitled to a settlement credit under DUCATA, but not to the extent argued, due to its own misconduct. The court allocated 50% of the responsibility for the Sale Process Claim and 42% for the Disclosure Claim to
• Direct Components, Inc. v. Microchip USA, LLC
  M.D. Fla.· 2024-05-02
  The court held that allegations made solely 'on information and belief' without sufficient supporting factual allegations do not meet the plausibility standard required for a motion to dismiss, leading to dismissal of several counts.
• Stone v. United States
  M.D. Fla.· 2024-04-30
  The court held that the petitioner's claims were procedurally barred and lacked merit, denying his motion to vacate his sentence.
• GMG Ins. Agency v. Margolis Edelstein
  Del.· 2024-04-19
  The Superior Court erred in granting summary judgment for the defendant law firm on the plaintiff's legal malpractice claim. The appellate court found that genuine disputes of material fact existed regarding whether the law firm breached the standard of care owed to its client, p
• Rusty115 Corp. v. Bank Of Am., N.A.
  S.D. Fla.· 2024-04-15
  Victims of an aviation-related Ponzi scheme sued Bank of America, alleging the bank issued misleading reference letters about the fraudster's company and substantially assisted the fraud by maintaining the fraudulent account, but the court denied the plaintiffs' motion to amend t
• Metrocity Holdings, LLC v. Bank of Am., N.A.
  S.D. Fla.· 2024-04-15
  A motion for leave to amend a complaint is properly denied as futile when the amended complaint fails to plausibly allege the elements of the proposed causes of action. A bank does not owe a duty of disclosure to noncustomers with whom it has no direct relationship, and the mere
• Mut. of Omaha Mortg., Inc. v. WaterStone Mortg. Corp.
  M.D. Fla.· 2024-03-29
  The court granted in part and denied in part the motion to exclude expert testimony, finding that damages related to former branch managers' loan volume and the Paramus branch closure were speculative and unsupported, but allowing the future lost profits claim to proceed if evide
• Sherman v. Gursky Ragan, P.A.
  Fla. 3d DCA· 2024-03-20
  An association's general counsel owes a fiduciary duty only to the board, not to individual unit owners, and individual unit owners cannot establish an implied fiduciary relationship or aiding and abetting liability based on mere inaction when the attorney owes them no fiduciary
• Zayas-Acosta v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-03-07
  A federal district court denied Gleen Zayas-Acosta's habeas corpus petition challenging his state court conviction for heroin trafficking, drug paraphernalia possession, and resisting arrest, rejecting his claims of ineffective assistance of counsel under the Strickland standard.
• Advantage Limousine v. Simmons
  Fla. 2d DCA· 2024-03-06
  Settlement proposals that condition acceptance on execution of a separate confidential agreement without specifying the agreement's terms are ambiguous and do not comply with Florida Rule of Civil Procedure 1.442, precluding an award of attorney's fees based on the offeree's reje
• Advantage Limousine v. Simmons
  Fla. 2d DCA· 2024-03-06
  The appellate court affirmed the judgment against Advantage Limousine on its claims but reversed the award of attorney's fees and costs. The court found the proposals for settlement, which were the basis for the fee award, to be ambiguous.
• Sec. & Exch. Comm'n v. Arbitrade Ltd.
  S.D. Fla.· 2024-03-06
  The court denied the motion for reconsideration and certification for interlocutory appeal, finding no clear error or manifest injustice and no substantial ground for difference of opinion on the controlling legal question.
• Simmons v. USI Ins. Servs. LLC
  M.D. Fla.· 2024-03-05
  The court held that a fair market value damages model is legally unavailable in this case because it improperly includes the value of departing employees who were free to leave and compete, and thus granted partial summary judgment against its use and precluded expert testimony o
• Rosenfeld Gallery, LLC v. Truist Bank
  S.D. Fla.· 2024-02-28
  The court held that a bank cannot be compelled to stop payment on its own cashier's checks and that the Uniform Commercial Code preempts common law claims related to such transactions.
• McKenzie v. United States Tennis Ass'n Inc.
  M.D. Fla.· 2024-02-16
  Kylie McKenzie, a young tennis player recruited into the USTA's training program, sued the United States Tennis Association for negligent retention and supervision, battery, intentional infliction of emotional distress, negligence, and punitive damages following a sexual assault
• Physician's Cent. Bus. Off. & Affiliates v. Underwriters at Lloyd's London
  S.D. Fla.· 2024-02-13
  The court held that the insurer had no duty to defend or indemnify the plaintiffs because the claims in the underlying actions were excluded by the policy's endorsements and exclusions.
• Rgis Int'l Transition Holdco, LLC v. C.A. No. N21c-12-077 PRW Ccld Retail Servs. WIS Corp.
  Del. Super. Ct.· 2024-02-13
  The court granted the defendants' motion to dismiss, finding that the plaintiffs failed to state claims for civil conspiracy and aiding and abetting fraud. The court held that the plaintiffs did not sufficiently plead facts to invoke the personal motivation exception to the rule
• Stewart N. Goldstein, M.D.
  Del. Ch.· 2024-01-26
  The court granted the plaintiff's motion for sanctions due to the defendants' failure to preserve electronically stored information (ESI), specifically text messages. The court found that the defendants had a duty to preserve this information, that the texts were lost due to thei
• Dohmen v. Short's Travel Mgmt., Inc.
  S.D. Fla.· 2024-01-15
  The court held that the motion to dismiss count 4 of the counterclaim for interference with contractual relations is denied because it is not preempted by the Montana Uniform Trade Secrets Act.
• Restless Media Gmbh v. Johnson
  S.D. Fla.· 2023-11-22
  The court held that the amended complaint does not constitute a shotgun pleading and properly pleads alternative claims, allowing claims against Richard Cole individually to proceed, but dismissing the unjust enrichment claim against Donald Williams' estate.
• Spimerica Access Solutions, LLC v. Palazzani Industrie
  S.D. Fla.· 2023-11-14
  The court held that Spimerica failed to demonstrate a substantial likelihood of success on the merits, a necessary element for a preliminary injunction.
• Cruickshank v. United States
  M.D. Fla.· 2023-09-19
  The court held that the defendant's claims of ineffective assistance of counsel and challenges to jurisdiction lacked merit and were procedurally barred.
• Metrocity Holdings, LLC v. Bank of Am., N.A.
  S.D. Fla.· 2023-09-18
  The court denied the defendant's motion to dismiss, finding the complaint adequately pled claims for negligent and fraudulent misrepresentation.
• Rusty115 Corp. v. Bank Of Am., N.A.
  S.D. Fla.· 2023-09-18
  The court held that the plaintiffs failed to plead sufficient facts to establish actual or constructive fraud, or aiding and abetting fraud and breach of fiduciary duty, against the bank.
• Spimerica Access Solutions, LLC v. Palazzani Industrie
  S.D. Fla.· 2023-09-14
  The court granted Spimerica's ex parte application for a temporary restraining order, finding a substantial likelihood of success on tortious interference claims and imminent irreparable harm.
• Sorrento Therapeutics, Inc.
  Del. Ch.· 2023-09-01
  The Delaware Court of Chancery found that defendant Mack breached his Restrictive Covenants Agreement (RCA) by diverting pharmaceutical development opportunities to his company, Virpax, which directly or indirectly competed with ZTlido. The court also held Virpax liable for torti
• Solar Eclipse Inv. Fund III, LLC v. T-Mobile USA, Inc.
  S.D. Fla.· 2023-08-10
  The court adopts the magistrate judge's report and denies the motion to dismiss, finding the plaintiffs adequately alleged their claim for aiding and abetting conversion.
• Forrest L. Preston & Fund I Invs. Ltd. P'ship v. THE Est. of Natalie Romanoff
  Fla. 4th DCA· 2023-08-09
  The appellate court granted a petition for writ of certiorari, quashing the trial court's order that denied a motion to dismiss. The court found that the plaintiff's complaint failed to comply with the mandatory requirements of section 400.023, Florida Statutes, which governs neg
• Mut. of Omaha Mortg., Inc. v. WaterStone Mortg. Corp.
  M.D. Fla.· 2023-08-08
  The court held that a party may not instruct a deponent not to answer based solely on relevance or a perceived conflict of interest, absent specific exceptions like privilege or court order.
• Todd Benjamin Int'l, Ltd. v. TCA Fund Mgmt. Grp. Corp.
  S.D. Fla.· 2023-07-11
  A class of investors sued accounting and fund administration firms for enabling a fraudulent hedge fund scheme through negligent misrepresentation, aiding and abetting fraud, and aiding and abetting breach of fiduciary duty. The court held that forum selection clauses in subscrip
• Diaz v. United States
  M.D. Fla.· 2023-07-05
  The court held that a petitioner claiming ineffective assistance of counsel must demonstrate both deficient performance and prejudice, and that counsel is not ineffective for failing to raise meritless arguments or anticipate changes in the law.
• Sec. & Exch. Comm'n v. Taronis Techs., Inc.
  M.D. Fla.· 2023-06-22
  The court denied the defendant's motion for a change of venue, finding that the defendant failed to meet his burden to establish that the convenience factors strongly favored transfer.
• Teuza – A Fairchild Tech. Venture Ltd. v. C.A. No. 2022-0130-SG Mark Lindon
  Del. Ch.· 2023-04-27
  The Court granted in part and denied in part the defendants' motions to dismiss. The court found sufficient allegations to support conspiracy jurisdiction for the Trustees and denied their motion to dismiss on that basis, allowing for jurisdictional discovery. The court dismissed
• Pearson v. Deutsche Bank AG
  S.D. Fla.· 2023-04-22
  The court held that the agency agreements did not establish a fiduciary relationship between the parties, and therefore granted judgment as a matter of law on the breach of fiduciary duty claim.
• Gonzalez v. Porter
  S.D. Fla.· 2023-04-12
  The court held that the plaintiffs' claims against the attorney defendants were barred by Florida's litigation privilege and failed to meet the plausibility standard for pleading. Claims against other defendants were dismissed for failure to comply with court orders.
• Concordia Lutheran Ministries v. THE Est. of Linda Schumer
  Fla. 2d DCA· 2023-04-05
  The appellate court affirmed the trial court's denial of a motion to dismiss for lack of personal jurisdiction. The court found that while the defendant, CLM, did not have sufficient minimum contacts for general jurisdiction or for conducting business in Florida, the Estate's all