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Fla. 3d DCA·
2022-01-05
The trial court properly found that the sellers made fraudulent misrepresentations in the 2008 balance sheet attached to the purchase agreements, specifically regarding non-existent assets totaling approximately $4.2 million, and that the buyer relied upon these misrepresentation
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Del. Ch.·
2022-01-03
The Delaware Court of Chancery denied most defendants' motions to dismiss claims alleging breach of fiduciary duty and aiding and abetting breach of fiduciary duty in the context of a SPAC merger. The court held that claims regarding the impairment of stockholder redemption right
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Del. Ch.·
2022-01-03
The Court of Chancery granted the defendants' motion to dismiss the plaintiff's amended complaint. The court found that the plaintiff failed to state a claim for breach of fiduciary duty against the alleged controlling stockholders, directors, or officers. Furthermore, the court
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Del. Ch.·
2021-12-15
The court granted motions to dismiss for lack of personal jurisdiction over Rainbow Medical and Fischer Behar. The court found that plaintiffs failed to establish general or specific jurisdiction over Rainbow Medical, as its contacts with Delaware were insufficient to render it '
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Del. Ch.·
2021-12-15
The Delaware Court of Chancery dismissed a stockholder derivative action for failure to make a demand on the board of directors, finding that demand futility was not established. The court applied the three-part test from *Zuckerberg* and conducted a director-by-director analysis
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M.D. Fla.·
2021-12-14
The court denied the plaintiff's motion for summary judgment, finding genuine disputes of material fact regarding fraud and misrepresentation claims.
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S.D. Fla.·
2021-11-01
The court held that the plaintiffs' complaint was a shotgun pleading that failed to satisfy federal pleading requirements and was therefore dismissed without prejudice.
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Del. Ch.·
2021-10-25
The Delaware Court of Chancery granted motions to dismiss filed by the defendants, finding that the plaintiffs failed to state claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty. The court also dismissed clai
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S.D. Fla.·
2021-10-14
The court granted the plaintiffs' motion for a temporary restraining order and expedited discovery, finding a substantial likelihood of success on the merits for fraud and negligence claims, irreparable injury, and that the balance of harms and public interest favored the TRO.
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Fla. 2d DCA·
2021-10-06
The appellate court reversed a trial court's dismissal of a complaint with prejudice, holding that the plaintiff was entitled to amend their complaint once as a matter of course before a responsive pleading was filed. This decision clarifies the procedural right to amend pleading
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Del. Ch.·
2021-09-30
The Court granted defendants' motions to dismiss, holding that the plaintiff failed to plead that the private equity sponsors formed a control group, thus the challenged transaction was presumptively subject to the business judgment rule. Furthermore, the plaintiff lacked standin
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M.D. Fla.·
2021-09-29
Plaintiff Scott Meide brought federal and state law claims against multiple defendants arising from a failed investment, but repeatedly failed to meet pleading standards and maintained frivolous claims despite court warnings and guidance. The district court found that Meide viola
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S.D. Fla.·
2021-09-27
The court held that the defendant is liable under the Torture Victim Protection Act for extrajudicial killing and torture, as he acted under color of law and is secondarily liable through aiding and abetting, conspiracy, and command responsibility.
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Fla. 4th DCA·
2021-09-15
A defendant's alleged breach of fiduciary duty to a nonresident corporation, even if the plaintiff suffered injury in Florida, does not establish personal jurisdiction under Florida's long-arm statute when the defendant's conduct was not committed in or directed into Florida. Whe
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M.D. Fla.·
2021-09-07
Albert Jason Carter, an inmate challenging four state court convictions through a federal habeas petition, sought relief based on claims of ineffective assistance of counsel regarding his guilty pleas in four separate cases in which he received a cumulative twenty-year sentence.
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Del. Ch.·
2021-08-31
The Court granted defendants' motions to dismiss, finding that the acquisition was cleansed under the Corwin doctrine because a fully informed, uncoerced majority of stockholders tendered their shares. The plaintiff failed to plead any material omissions or misleading statements
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Del. Ch.·
2021-08-25
The Delaware Court of Chancery granted defendants' motion to dismiss a derivative suit, finding that plaintiffs failed to adequately plead demand futility. The court concluded that at least eight of the eleven directors on the board could have impartially considered a demand, as
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S.D. Fla.·
2021-08-20
The court held that it lacked subject-matter jurisdiction because the plaintiff failed to adequately plead diversity jurisdiction.
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Del. Ch.·
2021-08-17
The court granted in part the motion for an anti-suit injunction, enjoining the defendants from pursuing certain claims in Texas state court that fall within the scope of a Delaware forum selection provision. The court held that the forum selection provision in the stock purchase
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M.D. Fla.·
2021-08-09
Chinese investors participating in an EB-5 visa program sued Boardwalk Fresh Burgers and its CEO, alleging fraud and other torts in connection with a restaurant franchise investment that was supposed to create jobs in Ohio but failed to materialize. The court granted summary judg
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Del. Ch.·
2021-07-28
The Court held that while most of the Counterclaim-Plaintiffs' claims were time-barred by laches, claims arising from an alleged attempt to force a settlement in bankruptcy proceedings survived. The Court also found that the Savings Statute preserved Waterloo's tortious interfere
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S.D. Fla.·
2021-07-14
Plaintiff Yolaisy Perez sought to amend her complaint in a fatal police shooting case by adding eight new defendants and three new causes of action more than eight months after the amendment deadline had passed and after fifty-five depositions had been taken. The court denied the
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S.D. Fla.·
2021-06-30
The court held that the plaintiffs' complaint must be dismissed without prejudice because it constitutes an impermissible shotgun pleading.
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S.D. Fla.·
2021-06-29
Jonathan Mullane sued federal defendants alleging they conspired to deprive him of internships and bar admission; the court granted the defendants' motion to dismiss, finding that Judge Moreno was entitled to judicial immunity, the other federal defendants qualified immunity on c
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S.D. Fla.·
2021-06-24
The court held that the counterclaims for violation of the Investment Advisers Act of 1940, breach of fiduciary duty, unjust enrichment, and declaratory judgment were sufficiently pled to survive a motion to dismiss, but the claim for aiding and abetting a violation of the IAA wa
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Del. Ch.·
2021-06-16
The court found that Albert Adriani fraudulently induced Sehoy Energy LP and Dean Ketcham to invest in his fund, Focus Fund. Adriani misrepresented the fund's investment strategy, leading the plaintiffs to believe it would invest in publicly traded securities, when in reality, he
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Del. Ch.·
2021-06-09
The court granted SF Motors' motion to dismiss all claims against it, finding that plaintiffs failed to adequately allege knowing participation in any fiduciary breaches. The court denied Jefferies' motion to dismiss the aiding and abetting breach of fiduciary duty claim and the
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M.D. Fla.·
2021-06-07
A sex trafficking victim sued Best Western International and the franchisees operating a Naples, Florida hotel, asserting claims under the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring and supervision, negligent rescue, and
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Fla. 3d DCA·
2021-05-26
A shareholder's derivative action must be dismissed when the shareholder fails to comply with the statutory pre-suit demand requirement under Florida Statutes section 607.07401(2), which requires a written demand to the board of directors prior to filing suit; Florida law does no
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M.D. Fla.·
2021-05-26
The Court granted in part and denied in part the SEC's motion in limine, and denied Defendants' motion in limine without prejudice, allowing certain evidence and arguments to proceed to trial.
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Fla. 4th DCA·
2021-05-26
Land & Sea Petroleum Holdings, Inc. appeals a trial court judgment finding it proved several claims against Employee and Competitor but awarding zero dollars in damages. The appellate court held that the trial court erred by failing to award nominal damages on the proven claims,
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Fla. 3d DCA·
2021-05-26
The appellate court reversed a final judgment and attorney's fees award in a shareholder derivative suit. The court found the plaintiff failed to comply with a statutory requirement to make a pre-suit demand on the corporation before filing the lawsuit, which necessitated dismiss
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Del. Ch.·
2021-05-25
The Delaware Court of Chancery affirmed the dismissal of a shareholder class action complaint alleging breaches of fiduciary duty and other claims related to a merger. The court held that the plaintiff failed to well-plead that Brookfield Property Partners (BPY) was a controlling
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M.D. Fla.·
2021-05-20
The court held that the plaintiffs' claims against the defendant bank were not ripe, and therefore the court lacked subject-matter jurisdiction.
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M.D. Fla.·
2021-05-19
The court held that the petitioner's claims of an overly broad indictment and ineffective assistance of counsel lack merit and are procedurally defaulted, and that his waiver of the right to a jury trial was knowing and voluntary.
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M.D. Fla.·
2021-05-19
# Summary
S.Y., a victim of sex trafficking at a Residence Inn hotel between 2014 and 2016, sued Marriott International, Residence Inn by Marriott LLC, CSM RI Naples LLC, and CSM Corporation alleging violations of the Trafficking Victims Protection Reauthorization Act of 2008, F
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M.D. Fla.·
2021-05-17
A sex trafficking victim sued hotel owner Robert Vocisano and franchisor Choice Hotels International, asserting claims under the federal Trafficking Victims Protection Reauthorization Act, Florida's RICO statute, and various negligence theories. The court denied both defendants'
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M.D. Fla.·
2021-05-17
The court held that the defendants' motion to dismiss should be denied because the plaintiff's complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, and did not constitute a shotgun pleading.
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S.D. Fla.·
2021-05-14
The court held that genuine issues of material fact exist regarding trade secret misappropriation claims under the DTSA and FUTSA, precluding summary judgment for most defendants. However, summary judgment was granted for Veliz on these claims due to lack of evidence of his indiv
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M.D. Fla.·
2021-05-10
Plaintiff C.S. sued Wyndham Hotels & Resorts and various franchisees of a Days Inn Hotel for sex trafficking victimization occurring at the property between 2015 and February 2016, asserting claims under the Trafficking Victims Protection Reauthorization Act, Florida RICO, premis
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Del. Ch.·
2021-05-06
The Court of Chancery denied in part and granted in part defendants' motions to dismiss. The court found that plaintiff stated claims for breach of fiduciary duty against the Director Defendants and certain Officer Defendants, and for tortious interference against the Entity Defe
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M.D. Fla.·
2021-05-06
A victim of sex trafficking sued Wyndham Hotels & Resorts and the owner of a Super 8 hotel franchise, alleging she was trafficked at their property from 2014 to 2016 and asserting claims under the Trafficking Victims Protection Act, Florida RICO, premises liability, negligent hir
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M.D. Fla.·
2021-04-27
The court held that the amended complaint was a shotgun pleading and dismissed it without prejudice, allowing plaintiffs one final opportunity to amend.
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M.D. Fla.·
2021-04-26
# S.Y. v. Choice Hotels International, Inc.
A sex trafficking victim sued Choice Hotels International and the franchisee operator of a Comfort Inn hotel in Naples, Florida, alleging the defendants knowingly benefited from sex trafficking that occurred on the premises between 201
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M.D. Fla.·
2021-04-23
Valley National Bank lacks standing to appeal the bankruptcy court's order because it has neither Article III standing nor the "person aggrieved" standing required under the Bankruptcy Code.
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S.D. Fla.·
2021-04-21
The court held that arguments challenging an expert's reliance on disputed facts or the weight of their opinions go to admissibility, not admissibility under Daubert.
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M.D. Fla.·
2021-04-20
State Farm sued medical clinics and healthcare providers for operating a fraudulent scheme to submit false insurance claims for personal injury protection benefits by referring accident victims to clinics through a referral service and providing medically unnecessary treatments b
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M.D. Fla.·
2021-04-12
The court held that the complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act (TVPRA) and Florida's civil RICO statute, denying the defendants' motion to dismiss.
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M.D. Fla.·
2021-04-06
The Court held that the complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act and Florida's RICO statute, denying the motion to dismiss.
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M.D. Fla.·
2021-04-06
The court held that the defendants' motions to dismiss were denied because the plaintiff's complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, and did not constitute a shotgun pleading.