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M.D. Fla.·
2021-04-05
A trafficking victim sued hotel operators and a franchisor under federal and state law, alleging they knowingly facilitated her sex trafficking between 2015 and 2016 by repeatedly renting rooms to traffickers while ignoring obvious signs of exploitation. The court denied the defe
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M.D. Fla.·
2021-03-31
The court held that the fraud claims were inextricably intertwined with the breach of contract claims and thus dismissed, while the breach of contract claim and claim for declaratory relief were allowed to proceed.
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Del. Ch.·
2021-03-30
The Court stayed the Delaware action pending resolution of the overlapping New York action, finding that the two complaints violated the rule against claim splitting. The Court reasoned that both actions arose from a common nucleus of operative facts and a connected series of tra
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S.D. Fla.·
2021-03-24
The court held that the fraud in the inducement claim was sufficiently particular against Vital Motion, Inc. and David Lovenheim, but dismissed claims against other officers and directors for lack of particularity. Aiding and abetting fraud and conspiracy claims were dismissed ag
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Fla. 3d DCA·
2021-03-24
Grape Leaf Capital, Inc. (GLC) appeals a trial court's dismissal of its claims against attorney Clement R. Dean Jr. and his law firm for allegedly aiding and abetting the breach of fiduciary duty by Nathaly Lafontant, the personal representative of her grandmother's estate. GLC a
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S.D. Fla.·
2021-03-23
Attorneys' fees are recoverable under FDUTPA for prevailing parties, and the Humane Society factors weigh in favor of awarding them in this case. Fees are not awardable under DTSA due to lack of bad faith.
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Del. Ch.·
2021-03-18
The Court granted summary judgment for the defendants on the Apollo claim, finding no evidence that the defendants exerted control over the Special Committee or that a controller's statement of intent to vote their stock constituted a threat. The Court denied summary judgment on
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M.D. Fla.·
2021-03-12
The court held that the plaintiff's amended complaint sufficiently stated claims for violation of the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, denying the defendants' motion to dismiss.
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M.D. Fla.·
2021-03-08
The court denied motions to dismiss state law claims as moot due to their withdrawal and denied motions to strike and for a more definite statement, finding the complaint sufficiently clear and relevant.
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M.D. Fla.·
2021-03-08
The court denied the defendant's motions to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
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M.D. Fla.·
2021-03-04
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
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M.D. Fla.·
2021-03-04
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and
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Del. Ch.·
2021-03-01
The Court denied the defendants' motion to dismiss, finding that the plaintiffs' claims for breach of fiduciary duty against the officers and aiding and abetting breach of fiduciary duty against the acquirer were sufficiently pleaded. The Court held that issue preclusion and star
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M.D. Fla.·
2021-02-26
The court held that the complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring/supervision/retention, negligent rescue, and aiding/abetting, and denied the motion to dismiss
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M.D. Fla.·
2021-02-26
A sex trafficking victim sued Wyndham Hotels and hotel operators alleging they knowingly benefited from and facilitated sex trafficking at a La Quinta Inn location from 2013 to 2016, asserting claims under the Trafficking Victims Protection Reauthorization Act, Florida RICO, prem
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M.D. Fla.·
2021-02-24
The court denied the defendant's motion to dismiss and strike, finding the plaintiff's complaint sufficiently alleged claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, and
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M.D. Fla.·
2021-02-24
The court held that the defendant's motion to dismiss and strike should be denied as the complaint sufficiently pleads claims for violation of the Trafficking Victims Protection Reauthorization Act, Florida RICO, premise liability, negligent hiring, supervision, and retention, an
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M.D. Fla.·
2021-02-24
The court held that the defendant's motion to dismiss and strike should be denied as the plaintiff's complaint sufficiently alleged claims for violation of the Florida RICO statute, premise liability, negligent hiring, supervision, and retention, and negligent rescue.
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M.D. Fla.·
2021-02-23
A sex trafficking victim sued Wyndham Hotels & Resorts and a local franchisee operator, alleging the franchisor and franchisee knowingly facilitated her sexual exploitation between 2014 and 2016 by repeatedly renting hotel rooms to her traffickers despite observable signs of traf
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M.D. Fla.·
2021-02-23
The court held that the plaintiffs' claims against the bank were not ripe for adjudication because they hinged on the contingent future event of securing a judgment in a pending malpractice case and being unable to collect on it.
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M.D. Fla.·
2021-02-22
A Florida district court denied motions to dismiss filed by hotel franchisor Wyndham Hotels & Resorts and franchisee Rist Properties in a sex trafficking case brought by victim S.Y., who alleged she was victimized at a Ramada Hotel from 2015 to 2016. The court found that the plai
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M.D. Fla.·
2021-02-18
The court held that the plaintiffs, as non-parties to the credit agreement, were not bound by its forum-selection clause because their claims were not derivative of the agreement and it was not foreseeable they would be bound.
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M.D. Fla.·
2021-02-16
Sex trafficking victim S.Y. sued Wyndham Hotels & Resorts and various Days Inn franchisees, alleging they knowingly benefited from sex trafficking that occurred at the hotel between 2013 and 2016 through negligent operations and failure to prevent foreseeable criminal activity. T
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Del. Ch.·
2021-01-29
The Court of Chancery denied in part and granted in part defendants' motions to dismiss. The court found that the complaint sufficiently pleaded claims for breach of fiduciary duty against Cagnazzi and for aiding and abetting breaches of fiduciary duty against LionTree and BCP. H
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Del. Ch.·
2021-01-29
The Court of Chancery held that the deadlock provision in the LLC agreement was triggered by a genuine, irreconcilable disagreement over who should manage the company, even though the circumstances leading to the deadlock were contrived. Therefore, the dissolution of Holdco was v
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M.D. Fla.·
2021-01-20
The court held that abstention under Colorado River, Burford, or Thibodaux was not warranted because the federal action was not parallel to the state proceedings and the factors for abstention did not support it.
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Del. Ch.·
2020-12-31
The Court of Chancery granted motions to dismiss Count I, finding that the plaintiff's breach of fiduciary duty claim was derivative and did not meet the narrow requirements for a direct claim under the "dual claim" doctrine. The court also granted motions to dismiss portions of
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M.D. Fla.·
2020-12-28
The SEC sued Spartan Securities Group and related defendants for operating microcap fraud schemes involving shell companies from 2009 to 2014, alleging violations of securities laws relating to false statements in Form 211 and DTC applications and the distribution of unregistered
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S.D. Fla.·
2020-12-21
The court held that plaintiffs sufficiently pleaded fiduciary relationships for fraud claims and exploitation claims, but dismissed alternative breach of contract claims.
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M.D. Fla.·
2020-11-30
The court granted in part the SEC's motion to exclude expert testimony, finding some opinions improper legal conclusions.
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Fla. 1st DCA·
2020-11-25
The appellate court reversed Denise Williams' conviction for first-degree murder, finding insufficient evidence that she acted as a principal. However, it affirmed her conviction for conspiracy to commit murder, holding that the evidence showed an agreement and intent to kill her
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S.D. Fla.·
2020-11-20
The court held that the second amended complaint properly alleged joint liability, satisfying the amount-in-controversy requirement for diversity jurisdiction, and that transfer of venue to Arizona was not warranted under the circumstances.
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Del. Ch.·
2020-11-18
The Court denied in part and granted in part the defendants' motions to dismiss. The Court found that demand on the general partner was excused as futile due to the controller's substantial likelihood of liability. The Court also found that the plaintiffs had stated claims for br
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S.D. Fla.·
2020-10-30
The court held that genuine disputes of material fact exist regarding whether the defendant accepted an order for 2016 model year cars from the plaintiff, thus denying the defendant's motion for summary judgment.
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M.D. Fla.·
2020-10-29
The court held that the Public Readiness and Emergency Preparedness Act (PREP Act) does not completely preempt state law negligence claims arising from nursing home care, and therefore, removal to federal court was improper.
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S.D. Fla.·
2020-10-05
The court approved the Magistrate Judge's report and recommendation, overruling objections and awarding attorneys' fees to the defendant.
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M.D. Fla.·
2020-10-05
The court adopted the magistrate judge's recommendations, denying both the SEC's motion for partial summary judgment and Montano's motion for summary judgment. The court found that while Montano's objections were largely unavailing, the SEC failed to present a clear case for summ
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Del. Ch.·
2020-09-30
The Delaware Court of Chancery dismissed a derivative complaint filed by TrueCar stockholders. The court found that the plaintiffs failed to plead with particularity facts sufficient to excuse demand on the board of directors, as required by Court of Chancery Rule 23.1. Specifica
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M.D. Fla.·
2020-09-29
The court held that the petitioner failed to establish ineffective assistance of counsel because his claims were conclusory, unsupported by evidence, and contradicted by the record, and he failed to demonstrate prejudice.
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Fla. 1st DCA·
2020-09-15
A trial court may impose any sentence up to the statutory maximum without any additional factual findings or separate jury determinations, and thus a sentence within the statutory maximum does not constitute an illegal upward departure under Apprendi and Blakely. Armstrong's fort
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S.D. Fla.·
2020-09-14
Foreign nationals who invested millions of dollars in an EB-5 immigrant investor program allegedly run by Joseph Walsh sued the defendants for fraud, alleging their investment funds were diverted through a fraudulent "fake escrow account" at PNC Bank instead of being used for the
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M.D. Fla.·
2020-09-10
The court held that the petitioner's conviction under 18 U.S.C. § 924(c) is valid because the predicate offenses qualify as 'crimes of violence' under the use-of-force clause, rendering the unconstitutionally vague risk-of-force clause irrelevant.
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M.D. Fla.·
2020-09-09
The court held that the petitioner's convictions under 18 U.S.C. § 924(c) are valid because the predicate offenses qualify as crimes of violence under the statute's elements clause, not the unconstitutionally vague risk-of-force clause.
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Del. Ch.·
2020-08-31
The Court granted in part and denied in part Alphatec's motion to dismiss. The Court dismissed NuVasive's claims for unfair competition under California law (Count IV) and aiding and abetting breach of fiduciary duty (Count VIII) for failure to state a claim or plead sufficient f
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M.D. Fla.·
2020-08-04
The court held that Petitioner's convictions for aiding and abetting Hobbs Act robbery are valid under the elements clause of 18 U.S.C. § 924(c)(3)(A), despite the Supreme Court's ruling on the residual clause.
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Del. Ch.·
2020-07-30
The Court of Chancery held that the plaintiffs' claims were timely filed, as the statute of limitations was tolled by fraudulent concealment and equitable tolling. The court found that the complaint stated claims for fraud against all defendants regarding certain representations
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Fla. 3d DCA·
2020-07-22
The appellate court affirmed a trial court's dismissal of claims against Michael Levkovitz. GVK International Business Group alleged fraud, negligence, and aiding and abetting a breach of fiduciary duty related to a $2,000,000 loan. The court found that GVK could not pursue fraud
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S.D. Fla.·
2020-07-15
The court held that the plaintiff sufficiently alleged that an employee exceeded authorized access under the CFAA, but failed to adequately allege 'loss' under the statute, and dismissed that count with leave to amend. The court also found the plaintiff sufficiently alleged torti
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Del.·
2020-06-30
The Delaware Supreme Court reversed the Court of Chancery's dismissal of a breach of fiduciary duty claim against CEO John J. Haley, holding that the plaintiffs adequately pleaded that Haley was materially self-interested in the merger due to an undisclosed compensation proposal
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Fla. 3d DCA·
2020-04-29