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Del. Ch.·
2012-08-14
The court denied the counterclaim plaintiffs' claims for conversion, conspiracy, and aiding and abetting, and found them estopped from bringing claims for breach of fiduciary duty. The court granted the counterclaim plaintiffs' claim for reimbursement of private security guard co
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Del. Ch.·
2012-07-11
The Court of Chancery denied the defendant's motion to dismiss for failure to join indispensable parties. While the former employees are necessary parties to the contract-based claims because a judgment could impact their livelihood, they are not indispensable. The court can fash
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Del. Super. Ct.·
2012-06-06
The court granted in part and denied in part the defendants' motion to dismiss the complaint, and granted in part and denied in part the plaintiffs' motion to dismiss the counterclaims. The court dismissed most of the tort claims because they were improperly "bootstrapped" onto b
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Del. Ch.·
2012-04-27
The court granted the motion to dismiss, holding that Microsoft lacked standing to bring derivative claims because it failed to obtain leave from the British Virgin Islands High Court as required by BVI law. The court also dismissed Microsoft's direct claims as time-barred by the
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649 F. App'x 217·
S.D. Fla.·
2012-03-21
The court held that it lacked personal jurisdiction over the defendants for the state law claims and that the RICO claim was not pleaded with sufficient particularity, warranting dismissal of the entire complaint.
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80 So. 3d 1094·
Fla. 4th DCA·
2012-02-22
Clinton Dinnall was convicted of two counts of first-degree murder in a double homicide and sentenced to concurrent life sentences. He appeals arguing the trial court erred in denying his request for judicial notice of a co-defendant's plea and in denying his motion for judgment
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Del. Ch.·
2011-10-13
The Court of Chancery granted defendants' motions to dismiss the consolidated amended class action complaint in its entirety. The court found that the plaintiffs failed to state a claim for breach of fiduciary duty, as the allegations did not support a reasonable inference of dis
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Del. Ch.·
2011-09-30
The court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff failed to demonstrate a reasonable probability of success on the merits. The court concluded that the board of directors acted reasonably in pursuing the merger, despite some procedur
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Del. Super. Ct.·
2011-03-23
The Delaware Superior Court granted the Diocese's motion to dismiss for lack of personal jurisdiction, finding that the plaintiff failed to establish sufficient minimum contacts with Delaware under either the agency or conspiracy theories of jurisdiction. The court also denied th
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778 F. Supp. 2d 1306·
M.D. Fla.·
2011-03-17
The court held that while class counsel achieved a laudable settlement, their requested hourly rates and multiplier were not fully supported by the evidence, and thus awarded a reduced amount for fees, costs, and service awards.
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Del. Ch.·
2011-01-28
The court denied the investor's motion for a temporary restraining order (TRO) or preliminary injunction, finding the claim barred by laches due to unreasonable delay and prejudice to the opposing parties. Additionally, the court found the investor failed to demonstrate a probabi
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Del. Ch.·
2011-01-14
The court affirmed the merger price of $24 per share as entirely fair, finding that the controlling stockholder, Hammons, did not breach his fiduciary duties and that the third-party acquirers did not aid and abet any breach. The court concluded that the process and price were fa
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Del. Ch.·
2010-12-31
The Court appointed the NECA-IBEW Pension Fund (NECA) as lead plaintiff and the firms of Grant & Eisenhofer, P.A. (G&E) and Robbins Geller Rudman & Dowd LLP (Robbins Geller) as co-lead counsel in a consolidated class action challenging the acquisition of Del Monte Foods Company.
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Del. Ch.·
2010-10-05
The court denied the plaintiffs' motion for a preliminary injunction, finding that they were unlikely to succeed on the merits of their claims. The court determined that the target's board of directors acted reasonably in conducting the sales process, negotiating the merger agree
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Del. Ch.·
2010-07-16
The court granted EMC Corporation's motion to dismiss the aiding and abetting claim, finding that the plaintiff failed to allege facts sufficient to infer that EMC knowingly participated in the Voyence board's alleged breach of fiduciary duties. The court held that EMC's arm's-le
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707 F. Supp. 2d 1317·
S.D. Fla.·
2010-03-27
The court held that the plaintiff failed to state a claim against MasterCard because the complaint lacked sufficient factual allegations to plausibly connect MasterCard to the alleged Ponzi scheme or to establish any duty or misrepresentation by MasterCard.
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33 So. 3d 72·
Fla. 5th DCA·
2010-03-12
Regions Bank sought certiorari review of a trial court order compelling production of documents related to suspicious activity reports (SARs) filed under federal law. The court granted the writ, holding that while supporting documentation underlying a SAR is discoverable, the tri
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Del. Ch.·
2010-01-15
The Court of Chancery approved a settlement resolving derivative and merger actions, awarding $10 million in attorneys' fees and expenses to plaintiffs' counsel, $100,000 to the lead plaintiff, and $80,000 to objectors' counsel. While expressing initial concerns about the fairnes
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Del. Ch.·
2009-11-23
The court granted Airborne Health, Inc. and Weil, Gotshal & Manges LLP's motion for judgment on the pleadings, finding that Squid Soap, L.P. failed to establish claims for fraud, equitable fraud, negligent misrepresentation, and breach of contract. The court held that Airborne's
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Del. Ch.·
2009-09-30
The Delaware Court of Chancery granted defendants' motions to dismiss, finding that plaintiffs failed to state claims for breach of fiduciary duty, aiding and abetting, and disclosure violations. The court held that claims against the board were barred by an exculpatory clause an
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Del. Ch.·
2009-08-18
The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiff lacked standing to pursue derivative claims due to a merger, that the board of directors was entitled to the protection of the business judgment rule and satisfied its Revlon duties, and t
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Del. Ch.·
2009-07-24
The Delaware Court of Chancery partially granted and partially denied defendants' motion to dismiss. The court declined to dismiss claims for breach of fiduciary duty arising from the board's approval of the merger, finding that plaintiff alleged sufficient facts to rebut the bus
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Del. Ch.·
2009-05-18
The court held that the former employee and his current employer were liable for breach of fiduciary duties, tortious interference with prospective economic advantage, and aiding and abetting wrongful conduct. The court awarded monetary damages and attorneys' fees for contempt bu
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Del. Ch.·
2009-04-06
The Court denied Defendants' motion to dismiss the First Complaint, finding that Plaintiff sufficiently pled claims for dissolution, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing. However, the Court granted Defendants' motion to dismi
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Del. Ch.·
2009-04-06
The Court denied the defendants' motion to dismiss the first complaint, finding that the plaintiff sufficiently pleaded claims for dissolution, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing. However, the Court granted the defendants'
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Del. Ch.·
2009-02-06
The court held that pre-suit demand on the board of directors was not excused. Because the plaintiffs failed to make demand prior to instituting the derivative action and did not adequately plead demand futility with respect to the board in office at the time of the second amende
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Del. Ch.·
2008-09-02
The Delaware Court of Chancery dismissed a derivative action against Lear Corporation's directors and AREP, finding that the plaintiffs failed to plead particularized facts supporting a non-exculpated breach of fiduciary duty. The court held that directors are entitled to make go
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Del. Ch.·
2008-07-29
The Court denied summary judgment on the plaintiff's Revlon claims and challenge to deal protection measures, finding the board's process potentially flawed and the reasonableness of deal protections a question of fact. However, the Court granted summary judgment for the defendan
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Del. Ch.·
2008-07-18
The court held that collateral estoppel applies to prevent the plaintiff from relitigating factual issues previously adjudicated in a prior proceeding, even if that proceeding was summary in nature. The court found that the plaintiff had a full and fair opportunity to litigate th
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988 So. 2d 35·
Fla. 2d DCA·
2008-07-09
Franklin Davila was convicted by jury of conspiracy to commit robbery and attempted robbery based solely on his presence in a vehicle during the crimes and his knowledge that a robbery was planned. The appellate court reversed, holding that mere presence and knowledge are insuffi
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Del.·
2008-03-27
The Court affirmed the Court of Chancery's order approving the settlement of the shareholder class action. The Court found no legal error or abuse of discretion in the approval of the settlement, the definition of the settlement class, or the bifurcation of the settlement approva
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Del. Ch.·
2007-11-27
The court held that personal jurisdiction over the defendant lawyer and law firm was proper in Delaware. The court found that their actions in preparing and filing a certificate amendment in Delaware, along with their provision of legal advice on Delaware corporate law matters an
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Del. Ch.·
2007-10-09
The court held that the partnership agreement, not common law, provided the relevant standard of care for the general partner's oversight duty. Because the general partner delegated nearly all managerial responsibilities to conflicted entities, its residual duty of oversight requ
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Del. Ch.·
2007-08-01
The court granted the defendants' motions to dismiss, finding that the plaintiff lacked standing to bring derivative claims after the company's merger and that his purported direct claims were, in fact, derivative. The court also found no equitable exceptions applied to allow the
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Del. Ch.·
2007-07-06
The Court denied plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a reasonable likelihood of success on the merits of their claims for wrongful coercion, inadequate disclosure, and improper extraction of value by a controlling shareholder. The C
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Del.·
2007-04-16
The Delaware Supreme Court reversed the Court of Chancery's dismissal of the appellants' claims, holding that the claims arising from the Recapitalization and Aggregate Sale could be brought as direct actions. The Court found that the transactions, despite their complex structure
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Del. Ch.·
2006-08-23
The Court of Chancery granted the defendants' motion to dismiss, holding that the former general partner, Howard B. Hillman, was not entitled to convert his interest into a limited partnership interest upon his removal under the terms of the Limited Partnership Agreement. Consequ
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Del. Ch.·
2006-08-23
The Court of Chancery granted the motion to dismiss, holding that the former general partner, Howard B. Hillman, did not have the contractual right to convert his interest into a limited partnership interest upon his removal. Consequently, he lacked standing to bring claims for b
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Del. Ch.·
2006-05-09
The Court dismissed most derivative claims for failure to make demand or demonstrate demand futility, finding that plaintiffs did not plead particularized facts showing director disinterest or lack of independence. However, demand was excused for the BlueStar acquisition claims,
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Del.·
2006-03-20
The Delaware Supreme Court affirmed the Court of Chancery's dismissal of all claims against General Motors (GM), its directors, and The News Corporation Limited (TNCL). The court held that the Court of Chancery properly considered the entire Consent Solicitation document and took
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Del. Ch.·
2006-03-17
The court granted the defendants' motion to dismiss, finding that the plaintiff failed to plead with particularity facts establishing demand futility under Rule 23.1. The court concluded that the plaintiff did not create a reasonable doubt regarding the disinterest and independen
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Del. Ch.·
2005-12-08
The Delaware Court of Chancery held that the BFC Transaction was a valid exercise of the Board's business judgment. The court found that the Board had the authority to issue preferred stock with preemptive rights, that a majority of informed, disinterested, and independent direct
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Del. Ch.·
2005-08-01
The court denied defendants' motion for summary judgment and motion to exclude expert testimony. Genuine issues of material fact precluded summary judgment on all counts, including tortious interference, trade secrets, and breach of fiduciary duty. The court also found it more pr
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Del. Ch.·
2005-06-30
The court denied the defendants' motion for summary judgment, finding that genuine issues of material fact exist regarding the independence and disinterestedness of several directors and the Special Committee. These issues preclude summary judgment and require a trial to determin
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Del. Ch.·
2005-05-04
The Delaware Court of Chancery granted motions to dismiss filed by General Motors Corporation (GM), its directors, and The News Corporation Limited (News Corp.), finding that the plaintiffs failed to state claims upon which relief could be granted. The court held that the allegat
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Del. Ch.·
2005-02-04
The Court denied the defendants' motions to dismiss for lack of personal jurisdiction over BFC, insufficient service of process, and failure to join an indispensable party. The Court found that personal jurisdiction over BFC was established under Delaware's long-arm statute and t
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354 F. Supp. 2d 1330·
S.D. Fla.·
2005-01-18
The court held that the plaintiff's claim under Fla. Stat. § 670.204 was completely preempted by federal law (Regulation J), making removal proper, and that supplemental jurisdiction over the remaining state law claims was appropriate.
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Del. Ch.·
2004-12-20
The Court of Chancery dismissed most of the plaintiffs' claims, finding that many were barred by the contemporaneous ownership rule for derivative suits or failed to meet pleading standards for demand futility, ripeness, or failure to state a claim. However, the court allowed a d
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886 So. 2d 265·
Fla. 5th DCA·
2004-10-29
Florida appeals a trial court's 35-year sentence for robbery and attempted robbery with a firearm, arguing that the defendant qualifies as a Prison Releasee Reoffender (PRR) under Florida law and must receive mandatory life imprisonment. The court holds that PRR status applies re
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885 So. 2d 957·
Fla. 1st DCA·
2004-10-28
Bruce Wrinkle appealed three orders from a lower court proceeding involving a dispute over limited partnership units. The Florida appellate court dismissed the appeal for lack of jurisdiction, finding that one order was barred by the law of the case doctrine, another was interloc