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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
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Fla. 3d DCA·
2021-07-14
The appellate court dismissed a petition for a writ of certiorari and appeals from probate court orders appointing an administrator ad litem. The court found that the petitioner failed to demonstrate irreparable harm for the certiorari petition and that the appeals were from non-
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Fla. 1st DCA·
2021-07-06
The appellate court affirmed the appellant's convictions and sentences, finding that his claims of ineffective assistance of counsel and a scoresheet error did not warrant relief on direct appeal. The court noted that ineffective assistance claims, unless apparent from the record
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Del.·
2021-06-17
The Delaware Supreme Court reversed and vacated the defendant's conviction for Murder Second Degree, holding that the defendant presented sufficient new evidence to establish a strong inference of actual innocence, thereby overcoming procedural bars to his successive postconvicti
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M.D. Fla.·
2021-06-07
Frederick Brittain, a long-serving union officer, challenged the American Federation of Government Employees for disciplining him without due process under the Labor-Management Reporting and Disclosure Act after he represented a management official in a discrimination complaint a
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Fla.·
2021-05-24
The Florida Supreme Court amended the Code of Judicial Conduct and various procedural rules to authorize senior judges to preside over criminal cases in circuits where they provide mediation, arbitration, or voluntary trial resolution services, while maintaining safeguards to pre
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Fla.·
2021-05-21
The Florida Supreme Court amended multiple rules of judicial conduct and procedure to authorize senior judges to preside over criminal cases in circuits where they provide mediation, arbitration, or voluntary trial resolution services, while maintaining ethical safeguards against
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Fla. 3d DCA·
2021-05-19
A trial judge must conduct an evidentiary hearing when conflicting affidavits present material factual disputes regarding attorney disqualification, and the judge cannot rely on prior evidentiary findings from a predecessor judge when credibility determinations are required.
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Fla. 1st DCA·
2021-05-14
The appointment of a custodian with sole authority to operate the marital business and the custodian's decision to hire separate counsel moots any potential conflict of interest arising from a law firm's prior dual representation of the husband and the business.
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Fla. 3d DCA·
2021-03-24
Joe Carollo, a Miami City Commissioner, appealed the trial court's denial of his motion to dismiss a complaint filed by Platinum Advisors alleging breach of fiduciary duty, breach of contract, and misappropriation of trade secrets. The appellate court reversed, holding that Carol
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S.D. Fla.·
2021-03-17
The court adopted the Magistrate Judge's report and recommendation, denying the motion to vacate the conviction and sentence, finding no constitutional violations and denying a certificate of appealability.
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Fla. 3d DCA·
2021-03-17
A post-plea deposition in which a defendant testifies as a cooperating witness against a co-defendant does not constitute a critical stage of the defendant's own criminal proceedings where the denial of counsel would presumptively contaminate the entire proceeding, particularly w
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Fla. 3d DCA·
2021-02-10
A city commissioner is entitled to absolute legislative immunity for conduct undertaken during a legislative process, including participation in City Commission meetings on properly noticed agenda items, even if the conduct allegedly breached fiduciary or contractual duties owed
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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.·
2020-12-18
The Court of Chancery held that the plaintiff stockholder was entitled to inspect some, but not all, of the categories of books and records sought. The court found that the plaintiff had established a proper purpose to investigate potential breaches of fiduciary duty related to t
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Del. Ch.·
2020-12-14
The Court of Chancery denied SoftBank's motion to dismiss the lawsuit filed by The We Company's Special Committee. The court held that the Zapata standard of review was appropriate and that the New Committee, formed to review the Special Committee's authority, failed to meet its
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S.D. Fla.·
2020-11-23
The court denied the motion for leave to file a supplemental and amended pleading.
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S.D. Fla.·
2020-11-10
The court denied Acheron's motion to void or suspend the Services Agreement, finding that Acheron must bring a separate action for breach of the March 2015 Agreement and that the Services Agreement is not a Servicing Agreement.
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M.D. Fla.·
2020-10-13
A Florida inmate convicted of sexual battery and lewd molestation of a child sought federal habeas relief under 28 U.S.C. § 2254, raising twelve grounds including claims of ineffective assistance of trial counsel, violation of his right to conflict-free counsel, and prosecutorial
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Del.·
2020-10-12
The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that the court did not abuse its discretion in relying on the $18 per share deal price as the most persuasive indicator of Stillwater Mining Company's fair value. The court also found no abuse of discre
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M.D. Fla.·
2020-09-30
Louis Thomas sought federal habeas relief from his state conviction for robbery, challenging his trial attorney's representation under the Sixth Amendment's right to effective assistance of counsel. The district court denied relief, finding that Thomas failed to demonstrate eithe
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Fla. 2d DCA·
2020-09-25
A party waives the right to seek disqualification of opposing counsel by delaying the motion with unreasonable promptness after discovering the facts supporting disqualification. D.D.C. waived his right by waiting fourteen months after the case began to move for disqualification,
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S.D. Fla.·
2020-08-07
The court denied the Trustee's motion to amend the Trust Agreement to allow investment in defaulted policy interests, finding it inconsistent with the Trust's purpose and potentially harmful to beneficiaries.
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Del. Ch.·
2020-07-06
The court held that accounting methodology disputes are delegated to the contractually specified alternative dispute resolution process, entitling the plaintiff to judgment on the pleadings regarding the enforcement of that process and the counterclaims for breach of accounting m
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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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S.D. Fla.·
2020-06-30
The court held that Chiron's claims brought via power of attorney were dismissed due to lack of standing and shotgun pleading, and claims based on invalid assignments were dismissed, while claims based on valid assignments and Chiron's individual claims survived.
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Fla. 2d DCA·
2020-06-03
This case involves an appeal and cross-appeal concerning a former trustee's removal and his obligation to return funds to a trust. The appellate court affirmed the removal but reversed the lower court's order regarding the return of funds, finding the former trustee should return
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Fla. 3d DCA·
2020-04-29
The appellate court affirmed in part and reversed in part a conviction for burglary and grand theft. The court held that the State Attorney's office was not disqualified despite the State Attorney having previously consulted with the defendant, as the Attorney testified he did no
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Fla. 1st DCA·
2020-04-15
The appellate court affirmed the appellant's convictions and sentences, holding that the trial court did not abuse its discretion in denying the defense attorney's motion to withdraw. The court found that the appellant's actions, including alleged threats and filing a bar complai
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Del. Ch.·
2020-01-31
The Court of Chancery affirmed the Master's denial of the intervenor's motion to discharge the receiver and appoint him as successor trustee. The court held that while the trust instrument contemplated the intervenor's succession, unforeseen conflicts of interest, including a pec
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S.D. Fla.·
2019-12-19
The court denied most motions, finding them untimely or lacking legal basis, and denied a motion to disqualify counsel due to waiver and failure to establish a prima facie case.
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M.D. Fla.·
2019-12-12
Under Virginia law, tort claims arising from an attorney-client relationship are subsumed by a breach of contract claim for professional malpractice, unless based on an independent duty. Claims for breach of fiduciary duty, negligent misrepresentation, fraud, fraud in the inducem
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M.D. Fla.·
2019-11-25
A plan fiduciary can bring an ERISA claim for equitable relief to enforce plan terms, including a constructive trust or equitable lien on settlement proceeds held by third parties, and ERISA preempts conflicting state law.
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M.D. Fla.·
2019-11-08
The court held that the defendant failed to meet its burden to prove a prior attorney-client relationship or that the matters were substantially related, thus denying the motion to disqualify.
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Del. Super. Ct.·
2019-09-30
The Court reversed the Commissioner's denial of the Motion to Set Aside the Sheriff's Sale, finding that the County failed to provide adequate notice to the Owner as required by Superior Court Civil Rule 69(g). Because the sale was conducted without jurisdiction due to lack of no
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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.·
2019-09-16
The court recommended approval of the settlement agreement, finding it to be a fair and reasonable resolution of a bona fide dispute over FLSA provisions and attorney's fees.
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Del. Ch.·
2019-08-21
The Delaware Court of Chancery determined the fair value of Stillwater Mining Company's common stock as of May 4, 2017, the merger closing date, to be $18.00 per share. The court found that the deal price was the most persuasive indicator of fair value, supported by a reliable sa
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Del. Ch.·
2019-08-12
The Delaware Court of Chancery determined the fair value of Columbia Pipeline Group, Inc. common stock in a statutory appraisal proceeding. The court found that the deal price of $25.50 per share, resulting from an arm's-length transaction with a robust sale process, was the most
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Fla. 2d DCA·
2019-06-26
An attorney who previously represented a former wife in an unrelated family legal matter and was listed as a witness in the initial dissolution proceeding may represent the former husband in subsequent postdissolution proceedings because no conflict of interest exists under Rule
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Del. Ch.·
2019-05-17
The Delaware Court of Chancery ordered the judicial dissolution of Inspirion Delivery Sciences, LLC (IDS) because it was not reasonably practicable to carry on the business in conformity with its operating agreement. The court found that the company was deadlocked due to the irre
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Del. Super. Ct.·
2019-04-26
The Superior Court temporarily stayed a fraudulent transfer action (Case #3) pending the resolution of issues in a related judgment and garnishment action (Case #2). The court found that the complex interplay of parties, potential conflicts of interest, and unresolved issues in C
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263 So. 3d 286·
Fla. 5th DCA·
2019-02-08
The Florida Fifth District Court of Appeal prohibited a pro se litigant from making further filings in a specific case due to his repeated abuse of the legal process through meritless and frivolous submissions. The court found his filings to be an abuse of the judicial system, wa
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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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257 So. 3d 153·
Fla. 5th DCA·
2018-11-02
A trial court errs when it summarily denies a motion to amend timely-raised claims in a Rule 3.850 post-conviction motion without allowing amendment, and summary denial is improper when the attached record does not conclusively refute the amended claims.
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264 So. 3d 1018·
Fla. 2d DCA·
2018-10-31
The circuit court's order denying Progressive's petition for writ of certiorari was an abuse of discretion and is quashed.
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Del. Fam. Ct.·
2018-10-29
The Division of Youth Rehabilitative Services (YRS) has the statutory authority to supervise a juvenile's probation even if the juvenile has reached the age of 19, provided the court has ordered extended jurisdiction up to the juvenile's 21st birthday. YRS was found in contempt o
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254 So. 3d 1146·
Fla. 1st DCA·
2018-09-05
The trial court's disqualification of the Ferraro Law Firm was not reviewed under the deferential certiorari standard because no clearly established principle of law governed whether an attorney's departure from a firm could cure an imputed conflict of interest arising from prior
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Del. Ch.·
2018-07-31
The court held that there was no enforceable promise to lease the Curran Theatre to the company, as the parties' recollections of the conversation were irreconcilable and lacked clear evidence of mutual assent on essential terms. However, the court found that the owners of the Cu
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Del. Ch.·
2018-07-27
The Court determined that the merger price was not a reliable indicator of fair value due to significant flaws in the deal process, including the absence of a pre-signing market check and an ineffective post-signing go-shop. Consequently, the Court relied on a discounted cash flo