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Fla.·
2023-07-13
The Florida Supreme Court adopted amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators, revising Part II (Standards of Professional Conduct) to modernize language, improve organizational flow, clarify definitions and functions, and align the ru
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Fla.·
2023-07-06
The Court replaced the 2013 Code for Resolving Professionalism Complaints with a new Code for Resolving Professionalism Referrals that establishes local professionalism panels as independent entities in each judicial circuit to informally resolve referrals of unprofessional condu
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S.D. Fla.·
2023-06-20
The court held that the plaintiff failed to demonstrate a disqualifying conflict of interest under Florida Rule of Professional Conduct 4-1.9, as the defendants represented they would not attack the prior legal work performed by the plaintiff's former counsel.
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S.D. Fla.·
2023-06-05
The court held that the magistrate judge did not err in denying the motion to strike the notice of appearance, as the federal court lacked jurisdiction to resolve the dispute over W&K's internal ownership and representation.
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M.D. Fla.·
2023-06-02
The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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S.D. Fla.·
2023-05-25
A former employee of a health system challenged the denial of his severance benefits under an ERISA-governed severance policy, claiming the administrator's review process was procedurally unfair and biased. The court granted in part the employee's summary judgment motion and rema
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Del.·
2023-04-18
The Delaware Supreme Court affirmed the Superior Court's denial of postconviction relief. The court held that trial counsel was not constitutionally ineffective for failing to investigate the 20 Commerce Street property, as the defense strategically used the mistaken information
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Del. Ch.·
2023-04-17
The Delaware Court of Chancery granted the special litigation committee's (SLC) motion to terminate derivative litigation, finding that the SLC met its burden under the first step of the Zapata analysis. The court determined the SLC was independent, conducted a thorough and good
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S.D. Fla.·
2023-04-13
A shareholder derivative suit against Eastern National Bank directors alleged breaches of fiduciary duties and violations of regulatory consent orders. The court granted a motion to disqualify attorney Michael Diaz from representing defendants because he had previously represente
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M.D. Fla.·
2023-03-24
The court held that the insurance plan granted the administrator discretionary authority, thus the denial of benefits was subject to arbitrary and capricious review, and the denial was not arbitrary or capricious.
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M.D. Fla.·
2023-03-02
A Florida prisoner convicted of burglary was denied federal habeas corpus relief on all twenty grounds of his ineffective assistance of counsel and sufficiency of evidence claims. The court found that his DNA on an open Mountain Dew can found in the bar the morning after the burg
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Del. Ch.·
2023-03-01
The Court denied the defendants' motion to dismiss, finding that the plaintiff adequately pleaded direct claims for breach of fiduciary duty and unjust enrichment. The Court determined that entire fairness review applied due to conflicts of interest involving the controlling stoc
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Fla. 3d DCA·
2023-02-15
An overriding provision in a condominium declaration that gives the Board of Directors binding interpretation authority over declaration provisions—when the Board's interpretation is not deemed unreasonable by legal counsel—supersedes specific provisions requiring unit owner rati
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Fla. 3d DCA·
2023-02-15
This case involves a dispute over condominium renovations and a lease of common elements. The appellate court affirmed the trial court's decision regarding the need for a declaration amendment but reversed the decision on a conflict of interest claim due to the trial court's fail
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M.D. Fla.·
2023-02-09
The court held that the plaintiffs failed to establish compelling reasons to disqualify counsel for a defendant, denying their motion to strike the notice of appearance.
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M.D. Fla.·
2023-02-06
The court held that the jury's prior determination that the plaintiff was not totally disabled from his own occupation precluded him from relitigating the same issue in his ERISA claim for benefits under a different policy.
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Fla. 3d DCA·
2023-02-01
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Fla. 3d DCA·
2023-01-25
The appellate court dismissed an appeal by adult children of a decedent in a wrongful death suit. The court found the order dismissing their potential damages was not a final, appealable order because the main wrongful death claim by the personal representative was still pending.
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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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M.D. Fla.·
2023-01-12
In Queen v. Secretary, Florida Department of Corrections, a federal district court denied a state prisoner's habeas corpus petition challenging his drug trafficking conviction on grounds of ineffective assistance of trial counsel. The court found that the petitioner failed to mee
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S.D. Fla.·
2023-01-06
The court held that a party seeking to disqualify opposing counsel must demonstrate a reasonable belief of an attorney-client relationship and that the matters are substantially related, which the defendant failed to do.
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Fla. 1st DCA·
2023-01-04
The appellate court denied a public defender's motion to withdraw from representing a client on appeal, finding the stated legal basis insufficient. The client had alleged ineffective assistance of counsel by his trial attorney, leading the appellate defender to claim a conflict
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M.D. Fla.·
2022-12-02
Calderon-Fuentes was convicted of theft of government property for fraudulently obtaining increased Veterans Affairs disability benefits by falsely claiming severe vision impairment while regularly driving, obtaining driver's licenses, and performing physical tasks inconsistent w
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S.D. Fla.·
2022-10-20
The court adopted the Magistrate Judge's Report and Recommendation, finding that the petitioner's claims of ineffective assistance of counsel and challenges to his sentence were without merit.
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Fla. 1st DCA·
2022-09-27
A public defender sought to withdraw from representing a defendant, claiming a conflict of interest based on prior representation of a potential state witness. The trial court denied the motion, and the defendant petitioned for review, but the appellate court dismissed the petiti
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M.D. Fla.·
2022-09-26
The court held that a plaintiff seeking temporary reinstatement under Florida's Whistleblower's Act must demonstrate a subjectively and objectively reasonable belief that unlawful practices occurred, and that the plaintiff did not act in bad faith or for a wrongful purpose.
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S.D. Fla.·
2022-09-19
The court denied defendants' motion to reschedule trial and reopen discovery, finding they lacked diligence and good cause. The court granted plaintiff's motion to set a trial date.
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Del. Ch.·
2022-08-31
The Court of Chancery granted a stockholder's demand for inspection of certain books and records related to a merger, finding a credible basis to suspect wrongdoing. The court limited the scope of inspection to informal board materials and officer-level materials concerning the g
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M.D. Fla.·
2022-08-09
The court held that the complaint must be dismissed without prejudice for lack of subject-matter jurisdiction due to inadequate pleading of diversity.
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S.D. Fla.·
2022-06-16
The district court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the Movant's Motion to Vacate Sentence.
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S.D. Fla.·
2022-06-14
The court granted in part the Temporary Receiver's Second Application for fees and costs, denied the Third and Fourth Applications without prejudice, and found that the Receiver complied with the Appointment Order regarding professional employment and that her efforts justified c
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Del. Super. Ct.·
2022-06-06
The Delaware Superior Court denied Edward Benson's motion for postconviction relief, finding that his claims of ineffective assistance of counsel and other errors were either procedurally barred, waived by his guilty plea, or factually unsubstantiated. The court emphasized that a
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Del. Ch.·
2022-04-20
The Court of Chancery denied a petition to appoint a receiver for a defunct Delaware entity due to insufficient information provided by the petitioner. The court outlined extensive disclosure requirements regarding the petitioner's background, interactions with regulators and the
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M.D. Fla.·
2022-04-05
The court held that the plan administrator's decision to terminate long-term disability benefits was reasonable and not arbitrary or capricious, even considering a conflict of interest.
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Del. Ch.·
2022-02-11
The court denied the petitioner's motion to disqualify the principal's attorney, finding no clear and convincing evidence of a conflict of interest or that the attorney was a necessary witness. The court granted the principal's motion to intervene, finding it was timely filed and
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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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S.D. Fla.·
2021-12-27
The court adopted the Magistrate Judge's Report and Recommendations, overruling objections and granting the Temporary Receiver's application for fees and costs in part.
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330 So. 3d 1033·
Fla. 2d DCA·
2021-12-15
The appellate court affirmed the trial court's denial of a motion to disqualify opposing counsel. The court held that the party seeking disqualification lacked standing because he had no attorney-client relationship with the opposing counsel and therefore no privity.
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M.D. Fla.·
2021-12-08
The court held that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, were without merit or barred by prior resolution.
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M.D. Fla.·
2021-11-24
The court held that the parties' amended joint motion for approval of settlement and motion to dismiss should be granted, finding the settlement to be a fair and reasonable resolution of a bona fide dispute under the FLSA.
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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's order disqualifying a law firm, Carver Darden, from representing First Fidelity. The disqualification was based on a conflict of interest arising from the firm's prior representation of a court-appointed receiver for Shelter Cove Con
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S.D. Fla.·
2021-10-15
The court held that a federal habeas petition challenging ongoing state criminal proceedings must be dismissed under the Younger abstention doctrine and for failure to state a claim.
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Del. Ch.·
2021-10-13
The Delaware Court of Chancery held that the plaintiffs failed to comply with the company's advance notice bylaw by omitting material information regarding supporters of their nomination slate and potential conflicts of interest related to a past acquisition proposal. The court f
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Fla. 3d DCA·
2021-09-01
The subtrust language was unambiguous and clearly included Brian's children as beneficiaries; Anita did not breach her fiduciary duties as trustee and was not required to be removed; the trustee may pay attorney's fees from trust assets under Florida Statute § 736.0802(10)(b).
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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.·
2021-08-31
The Court of Chancery granted in part and denied in part the defendant CEO's motion to dismiss claims alleging breach of fiduciary duty. The court found that the complaint adequately alleged a conflict of interest for the CEO due to the acquirer's requirement that he remain CEO p
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S.D. Fla.·
2021-08-11
The court held that while the motion to vacate sentence was timely filed, it should be denied on the merits because the movant failed to demonstrate ineffective assistance of counsel regarding either plea negotiations or trial conduct.
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S.D. Fla.·
2021-07-18
The court denied investors' motions seeking pre-approval of trustee payments and requiring the trustee to file all investor communications, finding no legal basis or abuse of discretion.
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Fla. 3d DCA·
2021-07-14
The appellate court dismissed a petition for writ of certiorari and appeals related to the appointment of an administrator ad litem in a probate estate. The court found that the petitioner failed to demonstrate irreparable harm for the certiorari petition and that the appeals wer
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Fla. 3d DCA·
2021-07-14
The appellate court dismissed Carmen Bey Lif's petition for a writ of certiorari and her appeals from probate court orders. The court found that Carmen failed to demonstrate irreparable harm that could not be corrected on appeal from a final order, and that the orders she appeale