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S.D. Fla.·
2020-04-06
The court held that the plaintiff failed to state claims for breach of contract, constructive fraud, exploitation of disabled adult, and RICO due to insufficient pleading and application of legal doctrines like the economic loss rule.
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S.D. Fla.·
2020-03-16
The court held that an injunction under the All Writs Act is not warranted to prohibit defendants from filing future state court proceedings because it is not necessary to safeguard the court's jurisdiction.
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Fla. 2d DCA·
2020-03-13
The appellate court reversed a trial court's decision, holding that certain provisions in an arbitration agreement that violated public policy were severable. The court found that the parties' intent to arbitrate disputes, as evidenced by severability clauses, was the essence of
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S.D. Fla.·
2020-03-04
The court held that it has subject matter jurisdiction over the Receiver's claims and denied the defendant's motion to dismiss and request for interlocutory appeal.
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Del. Ch.·
2020-02-26
The Delaware Court of Chancery held that a squeeze-out merger by a controlling stockholder did not satisfy the MFW standard for business judgment review because three of the four members of the Special Committee had a material self-interest in the transaction, stemming from poten
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Fla. 1st DCA·
2020-02-12
The trial court properly summarily denied Williams' postconviction motion because his claims of ineffective assistance of counsel, Giglio and Brady violations, and cumulative error lacked merit or were insufficiently pleaded.
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Del. Ch.·
2020-01-29
The Court denied in part and granted in part the defendants' motion to dismiss. The Court found that the plaintiffs sufficiently pleaded claims for breach of contract and fraud in connection with the solicitation of equity for the SFP acquisition, and that the statute of limitati
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M.D. Fla.·
2020-01-06
The court denied the plaintiff's motion to amend her complaint because the proposed amendments constituted an impermissible shotgun pleading, failed to properly join a new defendant, and did not state plausible claims against the remaining defendants.
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Del. Ch.·
2019-12-30
The Delaware Court of Chancery granted defendants' motions to dismiss, holding that plaintiffs failed to state viable claims for breach of fiduciary duty, waste, and aiding and abetting. The court found that the Essendant Board was protected by an exculpatory charter provision fo
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Del. Ch.·
2019-12-04
The Court held that the derivative plaintiff is presumptively entitled to discover all documents and communications reviewed and relied upon by the Special Litigation Committee (SLC) in forming its conclusions. This entitlement is subject to valid privilege and immunity objection
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S.D. Fla.·
2019-11-13
The court held that it lacked diversity jurisdiction due to the LLC's citizenship being tied to its members, and that while federal question jurisdiction existed for one claim, supplemental jurisdiction over state law claims was declined as they predominated.
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Fla. 1st DCA·
2019-10-21
The state satisfied the two-part aider and abettor test by establishing that the defendant helped the principal actor and intended to participate in the crime.
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M.D. Fla.·
2019-10-10
Corey Newton sought federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state convictions for burglary of a dwelling and possession of burglary tools through seven claims of ineffective assistance of counsel, but the court denied all claims after determining that
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Del. Ch.·
2019-09-30
The Delaware Court of Chancery held that former officers and directors of EBTH Inc. were entitled to advancement of legal fees and expenses incurred in defending an action in Ohio. The court found that the allegations in the Ohio action, which involved claims of fraudulent induce
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Del. Ch.·
2019-09-26
The court granted the defendants' motion to dismiss the derivative claims, finding that the LLC operating agreement effectively limited the managers' liability to actions taken in bad faith. The court determined that the plaintiffs failed to plead sufficient facts to infer bad fa
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M.D. Fla.·
2019-09-25
Kaplan sued Regions Bank for malicious prosecution, alleging the bank had brought unfounded claims against him in earlier litigation; Regions moved to strike his jury demand based on a jury waiver clause in a deposit agreement that Kaplan had signed when opening accounts. The cou
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S.D. Fla.·
2019-09-24
The court held that deposits into a debtor's own unrestricted bank accounts do not constitute 'transfers' under bankruptcy or Florida fraudulent transfer law, and affirmed the denial of leave to amend the complaints as futile.
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M.D. Fla.·
2019-08-19
The court granted the defendants' motions to dismiss, finding that the plaintiffs failed to adequately plead damages for several counts and that other claims were preempted.
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Del. Ch.·
2019-07-18
The Delaware Court of Chancery granted in part and denied in part motions to dismiss. The court granted dismissal for claims of negligent misrepresentation and certain aiding and abetting claims. It denied dismissal for claims of breach of fiduciary duty and common law fraud agai
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274 So. 3d 1203·
Fla. 3d DCA·
2019-06-19
The trial court properly dismissed the complaint with prejudice because the merger agreement's integration clause precluded oral misrepresentation claims, the 2016 release agreement barred all claims against the defendants, and the assignment for the benefit of creditors transfer
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Del. Ch.·
2019-05-31
The Court denied the defendants' motion to dismiss, finding that the plaintiff adequately pleaded demand futility for derivative claims and stated valid claims for breach of contract, breach of fiduciary duty, and aiding and abetting. The court also rejected arguments for dismiss
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Del. Ch.·
2019-03-11
The court held that the Medley Capital directors breached their fiduciary duties by approving the proposed transactions due to a flawed process tainted by conflicts of interest and a lack of director independence. However, the court denied the request to enjoin the transactions b
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264 So. 3d 988·
Fla. 4th DCA·
2019-02-20
A rational trier of fact could find the defendant guilty of delivery of cocaine as a principal based on video evidence showing his conscious intent to facilitate the crime and his acts assisting the co-defendant's delivery, including negotiating the sale, retrieving an item from
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Del. Ch.·
2019-01-23
The appellate court affirmed the trial court's grant of a preliminary injunction, finding that the plaintiff corporation demonstrated a reasonable probability of success on the merits regarding claims of breach of fiduciary duty of loyalty and fraudulent transfer, an imminent thr
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Del. Ch.·
2019-01-07
The court denied the defendants' motions to dismiss. The court found that it had personal jurisdiction over defendant Mammano, that the plaintiffs adequately stated claims for breach of fiduciary duty, aiding and abetting, and trade secret misappropriation.
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Del. Ch.·
2018-12-19
The Court of Chancery held that the plaintiff's direct claims (Counts I-IV) must be dismissed because they are exclusively derivative in nature and do not fit the "transactional paradigm" for dual direct/derivative claims under Gentile v. Rossette, as there was no improper transf
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Del. Ch.·
2018-12-10
The Delaware Court of Chancery denied in part and granted in part motions to dismiss. The court held that the plaintiff stockholder had standing to pursue breach of fiduciary duty claims alongside its appraisal action. It further found that the Corwin doctrine did not apply at th
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258 So. 3d 564·
Fla. 2d DCA·
2018-11-14
Convictions for perjury and possession of a vessel with a missing or altered hull identification number are affirmed, without prejudice to postconviction relief challenging whether section 328.07(4)(b) actually criminalizes possession of a vessel part with an altered serial numbe
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252 So. 3d 755·
Fla. 4th DCA·
2018-07-25
Assignors who retain substantial financial interests in assigned claims and contractually agree to participate in discovery may be treated as de facto parties for discovery purposes, and need not be served with subpoenas despite being technically nonparties. Florida Rule of Civil
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Del. Ch.·
2018-07-20
The Court of Chancery properly dismissed the plaintiff's complaint, holding that the transaction was structured to satisfy the MFW framework, thus triggering the business judgment rule standard of review. The plaintiff failed to plead facts demonstrating that the MFW conditions w
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Fla. 2d DCA·
2018-07-13
Florida adopts the In re Trulia standard for disclosure settlements in merger class actions: supplemental disclosures must address and correct a plainly material misrepresentation or omission, the release must be narrowly circumscribed to disclosure and sale-process fiduciary dut
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Del.·
2018-07-09
The Delaware Supreme Court reversed the Court of Chancery's dismissal, holding that the disclosures made in the Schedule 14D-9 were materially incomplete and misleading, thus precluding the application of the Corwin doctrine and the protection of the business judgment rule. The c
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Del. Ch.·
2018-05-17
The court denied plaintiffs' motion for a temporary restraining order, finding that while plaintiffs stated a colorable claim for breach of fiduciary duty, they failed to demonstrate irreparable harm. The court reasoned that available legal remedies, such as actions under Section
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Del. Ch.·
2018-04-30
The Delaware Court of Chancery granted the seller's motion for summary judgment, ordering the release of escrow funds, and granted the seller and servicer's motion to dismiss the buyer's counterclaims and third-party claims. The court denied the buyer's motion for partial summary
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Del. Ch.·
2018-03-26
The Court of Chancery denied in large part defendants' motion to dismiss. It held that the Series A-2 Financing and the Warrant Transaction should be treated as separate, not unitary, transactions. Claims related to the Series A-2 Financing are derivative, while claims related to
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Del. Ch.·
2018-02-20
The Court of Chancery denied defendants' motion to dismiss a derivative complaint alleging breach of fiduciary duties and aiding and abetting breaches of fiduciary duty. The court found that the plaintiff had sufficiently pleaded particularized facts to create a reasonable doubt
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Del. Ch.·
2017-12-19
The Court granted Standard General's motion for judgment on the pleadings, holding that the Agreements were valid and enforceable when entered into and that Charney breached provisions triggering an event of default under the Notes. The Court found Charney's affirmative defenses
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Del. Ch.·
2017-11-30
The Delaware Court of Chancery granted Defendants' Motion to Dismiss, finding that while the plaintiff adequately pleaded that Opower's stockholders were not fully informed when tendering their shares, thus precluding application of the business judgment rule under Corwin v. KKR
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Del. Ch.·
2017-11-07
The Court held that demand on the board of directors was not excused as futile because the plaintiff failed to plead non-exculpated claims against a majority of the director defendants, despite the presence of an exculpatory charter provision. The Court further held that the plai
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Del. Ch.·
2017-09-05
The Court of Chancery Master recommended granting the respondents' motion to dismiss the complaint without prejudice because the plaintiff's claims were not ripe for judicial review. The Master found that the plaintiff failed to comply with the mandatory pre-litigation mediation
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Del. Ch.·
2017-08-18
The Court of Chancery granted motions to dismiss filed by Martha Stewart and the Sequential Defendants. The court held that the "M&F Worldwide" framework, requiring an independent special committee and a majority of the minority vote, applies to one-sided controller transactions.
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Del. Super. Ct.·
2017-07-31
The Court denied Express Scripts, Inc. and United BioSource LLC's motion to dismiss Bracket Holding Corp.'s amended complaint, granted Jim Stewart's motion to dismiss, and granted in part and denied in part Bracket Holding Corp. and PCP Managers LLC's motion to dismiss UBC's amen
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Del. Ch.·
2017-07-31
The Delaware Court of Chancery held that the plaintiffs, the McKennas, were barred from equitable relief due to the "unclean hands" doctrine, as they made material misrepresentations about their experience and qualifications to induce the formation of the business entities. Furth
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Del. Ch.·
2017-07-24
The Court of Chancery denied the motion to dismiss as to the Polk Family and Polk Family Directors, finding it reasonably conceivable that they acted as a controlling stockholder group and engaged in self-dealing subject to the entire fairness standard. However, the Court granted
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Del. Ch.·
2017-07-21
The Delaware Court of Chancery held that the Clearwire-Sprint merger was entirely fair, and the fair value of Clearwire's common stock at the time of the merger was $2.13 per share. The court entered judgment in favor of Sprint on the breach of fiduciary duty claim and in favor o
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Del. Ch.·
2017-05-11
The court granted the defendants' motion to dismiss, finding that the plaintiff's claims for breach of fiduciary duty and aiding and abetting were barred by laches. The court determined that the plaintiff's tolling arguments were an impermissible collateral attack on a prior arbi
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Del. Ch.·
2017-05-02
The Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiff failed to state a claim upon which relief could be granted. The court found that the plaintiff's various objections, including the failure-to-spin theory, the known-looter theory, the merg
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Del. Ch.·
2017-03-31
The Delaware Court of Chancery held that the plaintiff adequately pled claims for breach of fiduciary duty against the individual defendants, finding that the stockholder vote approving the merger was neither fully informed nor uncoerced, and that the directors' actions could be
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Del. Ch.·
2016-11-30
The Court of Chancery held that a valid and enforceable agreement to arbitrate existed between the parties. Consequently, the court granted the motion to dismiss the claims for breach of fiduciary duty, breach of contract, waste, and aiding and abetting breach of fiduciary duty,
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Del. Ch.·
2016-11-23
The Court of Chancery correctly dismissed the plaintiff's claims. Claims related to intercompany agreements and the revolving note were barred by a prior settlement agreement and the doctrine of res judicata. Claims concerning asset sales and a debt offering were subject to the b