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S.D. Fla.·
2023-04-05
The court held that indictments alleging defendants were victims of a Ponzi scheme are inadmissible hearsay and unfairly prejudicial under Rule 403, and thus must be excluded.
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S.D. Fla.·
2023-04-04
The court denied defendants' motions to dismiss, finding that the DIG tokens could be considered investment contracts under the Howey test and that the complaint sufficiently alleged primary violations and aiding and abetting liability.
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Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted summary judgment for defendants Bodie and Oak View Group, finding no genuine issue of material fact regarding their alleged breaches of fiduciary duty, aiding and abetting, or civil conspiracy. However, the court denied summary judgment for
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S.D. Fla.·
2023-03-31
The court held that it lacked personal jurisdiction over the defendant, Binance Holdings Ltd., because the plaintiff failed to establish sufficient contacts with Florida under either general or specific jurisdiction. Consequently, the defendant's motion to dismiss was granted.
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S.D. Fla.·
2023-03-27
The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the defendants' motion to dismiss, and overruling the parties' objections.
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M.D. Fla.·
2023-03-23
The court held that Regions Bank had probable cause to bring the underlying tort claims against Kaplan, thus defeating his malicious prosecution claim.
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S.D. Fla.·
2023-03-23
Plaintiffs, as foreign representatives of Cayman Islands companies, sued Deutsche Bank for facilitating a Ponzi scheme through the opening and management of custody accounts that allowed fraudsters to misappropriate investor funds. The court granted in part and denied in part def
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M.D. Fla.·
2023-03-17
Plaintiff Martínez Bowman sued Columbia County Sheriff Mark Hunter, Deputy David Harvey, and Deputy Jayme Gohde under 42 U.S.C. § 1983 and Florida state law following a 2020 incident in which deputies pulled over his vehicle for deficient lighting, deployed a police canine that b
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Fla. 4th DCA·
2023-03-15
The appellate court affirmed a defendant's convictions for murder and attempted murder. While the court agreed that the jury instruction on "Principals" was improperly given due to insufficient evidence, it found the error was not preserved for appeal because the defense counsel
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Del. Ch.·
2023-03-09
The Delaware Court of Chancery held that the plaintiffs stated viable claims for breach of contract (Count I) and tortious interference with contract (Count II). The court dismissed claims based on breach of the duty of disclosure related to the Second Offering (Count III) and th
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M.D. Fla.·
2023-03-03
A Florida court convicted Bowen of armed burglary and grand theft, sentencing him to life imprisonment, and he subsequently filed a federal habeas petition challenging his conviction and raising claims of illegal arrest, Miranda violations, improper jury instructions, and ineffec
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M.D. Fla.·
2023-02-15
The court granted a preliminary injunction enforcing restrictive covenants in employment agreements against former employees Simmons and Mitchell, and their team members, finding the agreements enforceable and necessary to protect legitimate business interests.
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M.D. Fla.·
2023-02-02
The court denied the SEC's motion for default judgment against Taronis Tech without prejudice.
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Fla. 2d DCA·
2023-01-27
The appellate court reversed a juvenile's delinquency finding for burglary, holding that the evidence was insufficient to prove he was a principal to the crime. Mere presence at the scene and flight were not enough to establish guilt beyond a reasonable doubt.
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M.D. Fla.·
2023-01-26
The court held that Blue-Grace failed to establish a legitimate business interest to justify its restrictive covenants, rendering them unenforceable. Consequently, Blue-Grace's breach of contract claims against the former employees fail.
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Del. Ch.·
2023-01-23
The Court of Chancery denied defendants' motion to dismiss the action under the doctrine of forum non conveniens. The court found that no earlier-filed action existed involving substantially the same parties and subject matter, thus placing the burden on the defendants to show ov
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Del. Ch.·
2023-01-19
The Court of Chancery held that Delaware's Officer Consent Statute can be used to serve process on individuals acting in the functional role of certain corporate officers, even without formal appointment. The court also found that Delaware's Long-Arm Statute, when applied with th
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Del. Ch.·
2023-01-16
The court held that it has personal jurisdiction over defendants Lolli and Grinnell for claims related to the Outbound Merger and the Share Withdrawal, and over Royce Management, Inc. for claims related to the Outbound Merger and the Share Withdrawal. The court also held that the
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Del. Ch.·
2023-01-12
The Delaware Court of Chancery held that it could exercise personal jurisdiction over defendant Paul Petigrow for the claim of tortious interference with a trust instrument under Delaware's Long-Arm Statute. The court found that Petigrow's actions in facilitating the appointment
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Fla. 3d DCA·
2022-12-07
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Fla. 2d DCA·
2022-11-16
The appellate court affirmed the dismissal of certain claims in a nursing home lawsuit but reversed the dismissal with prejudice, remanding the case to allow the plaintiffs an opportunity to amend their complaint. The court emphasized Florida's policy favoring liberal amendment o
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Del. Super. Ct.·
2022-11-03
The court held that anti-reliance and non-recourse provisions in a contract do not necessarily bar a fraud claim at the motion to dismiss stage if the plaintiff adequately pleads that a non-signatory party was knowingly complicit in the fraudulent representations. The court also
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S.D. Fla.·
2022-10-31
The court held that the defendant's claims of ineffective assistance of counsel and erroneous conviction were without merit, and denied the motion to vacate sentence.
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Del. Ch.·
2022-10-31
The Delaware Court of Chancery has subject matter jurisdiction over the plaintiff's claims, including those arising under New Hampshire law, as the New Hampshire LLC Act's venue provisions are unenforceable under the Full Faith and Credit Clause and the plaintiff's claims are tra
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Fla. 2d DCA·
2022-10-21
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S.D. Fla.·
2022-09-22
The court held that the movant's claims of ineffective assistance of counsel were meritless and conclusively refuted by the record, warranting summary denial of his § 2255 motion.
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S.D. Fla.·
2022-09-02
The court denied the defendant's motion to dismiss, finding that the plaintiff's amended complaint sufficiently alleged Schwartz's participation in a fraudulent scheme to state claims for securities fraud, RICO violations, breach of fiduciary duty, and negligence.
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Fla. 3d DCA·
2022-08-31
The trial court abused its discretion by denying appellants' motions for continuance when counsel became unavailable due to illness and withdrawal, leaving appellants unrepresented at a critical juncture of litigation. When undisputed facts reveal that the physical condition of c
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Fla. 3d DCA·
2022-08-31
The appellate court reversed final judgments against the plaintiffs, finding the trial court abused its discretion by denying their motions for continuance. The plaintiffs' counsel experienced a medical emergency, leaving them without adequate representation at critical stages of
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Fla. 3d DCA·
2022-08-17
An employment agreement's arbitration provision does not compel arbitration of claims seeking to enforce or breach non-solicitation and non-compete covenants when Section 6F of the agreement explicitly permits the employer to seek injunctive relief in court for violations of thos
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Del.·
2022-07-19
The Delaware Supreme Court held that while the structure of the merger, which included a large pre-closing dividend, did not unlawfully eliminate appraisal rights, the proxy statement's disclosures regarding these rights were materially misleading. The court reversed the dismissa
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S.D. Fla.·
2022-07-18
The court held that a plaintiff's post-removal request to join a non-diverse defendant should be denied when the joinder appears intended to defeat federal jurisdiction and the plaintiff would not be significantly injured by the denial.
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Del. Ch.·
2022-07-06
The Delaware Court of Chancery denied the petitioners' motion to vacate an arbitration award and granted the respondents' cross-motion to confirm the award. The court found that the arbitrator did not exceed his powers in ruling on the corporate opportunity claim, disqualifying t
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Del. Ch.·
2022-06-14
The Court of Chancery granted the plaintiff's motion for class certification, finding that the proposed class met the requirements of Rule 23(a) and Rule 23(b)(1). The court rejected defendants' arguments regarding cross-holdings, the temporal definition of the class, and adminis
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S.D. Fla.·
2022-05-24
The court held that the movant's claims lacked merit because the evidence showed he had advance knowledge that his codefendant would brandish a firearm, and therefore, his conviction and sentence were not subject to vacatur, nor was counsel ineffective.
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341 So. 3d 374·
Fla. 3d DCA·
2022-05-11
Mark Wallace, as trustee and personal representative, sued Yanelin Torres-Rodriguez to recover approximately $7 million in tenancy by the entirety marital assets that his father Milton fraudulently transferred to Yanelin during his marriage to Patricia, in violation of their Irre
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M.D. Fla.·
2022-05-09
The court held that trial counsel was not ineffective for failing to object to venue or subject matter jurisdiction, and the guilty plea was knowing and voluntary.
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M.D. Fla.·
2022-04-04
The court held that it lacked personal jurisdiction over the defendants because their contacts with Florida were insufficient to satisfy the state's long-arm statute and due process requirements, leading to dismissal of the case.
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S.D. Fla.·
2022-03-29
The court held that the in pari delicto defense and aiding and abetting claims could not be dismissed at the pleading stage due to disputed facts and sufficient allegations of knowledge and assistance, respectively.
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S.D. Fla.·
2022-03-24
The court granted in part and denied in part the plaintiffs' motion for alternative service, allowing service on foreign defendants outside Ukraine via email, social media, and publication, but denying service on defendants in Ukraine due to the ongoing war.
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Del. Ch.·
2022-03-01
The Court denied in part and granted in part the defendants' motions to dismiss. The Court found that the merger was not entitled to Corwin cleansing because the defendants, as interested stockholders, likely constituted a majority of the voting shares. The Court also found that
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M.D. Fla.·
2022-02-22
The court granted in part Plaintiff's motion for leave to serve a supplemental expert report, allowing opinions based on newly produced settlement agreements, but denied the portion responding solely to the rebuttal report. The court granted Defendant's motion to seal exhibits co
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Del. Ch.·
2022-02-17
The court denied the defendants' motions for summary judgment, finding that genuine issues of material fact remain regarding the interpretation of the Separation and Distribution Agreement, the existence of implied consent to settlement, the assignability of claims, the valuation
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Del. Ch.·
2022-02-09
The Court of Chancery granted defendants' motions to dismiss all claims. The court held that the breach of contract claim failed because the plaintiff did not identify a specific contractual provision breached and the LPA did not mandate distributions. The implied covenant claim
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M.D. Fla.·
2022-02-07
The court held that a plaintiff seeking a preliminary injunction must demonstrate irreparable harm, and Florida's statutory presumption of irreparable harm for restrictive covenant violations does not apply in federal court.
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Fla. 3d DCA·
2022-01-19
Florida courts may exercise specific jurisdiction over nonresident defendants under the long-arm statute when the complaint alleges tortious communications directed at the state and tortious conduct occurring in Florida in furtherance of a conspiracy, even if the core fraudulent
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Fla. 3d DCA·
2022-01-19
The appellate court affirmed the denial of motions to dismiss for lack of personal jurisdiction and forum non conveniens. The case involves allegations of fraudulent divestment of ownership interests in foreign corporations, with a key dispute over funds escrowed in Florida.
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Fla. 3d DCA·
2022-01-19
This case involves a dispute over ownership interests in foreign corporations, with allegations of fraudulent divestment and conspiracy. The appellate court affirmed the lower court's denial of motions to dismiss for lack of personal jurisdiction and forum non conveniens, finding
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Fla. 2d DCA·
2022-01-14
The appellate court denied a petition for certiorari review of an order denying a motion to dismiss. The court held that the claims against Sabra did not fall under a statute requiring specific prerequisites for negligence claims, as the allegations in the complaint did not sound
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M.D. Fla.·
2022-01-11
The court held that most of the deposition topics sought by the plaintiff were permissible, denying the motion for a protective order on those topics, but granted the motion for topics related to ALC's net worth and financial performance.