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248 So. 3d 1069·
Fla.·
2018-07-05
The Florida Supreme Court upheld findings that attorney Byron Petersen violated multiple professional conduct rules through neglect, misrepresentation, and conflicts of interest in representing clients Robert and Wendy Gielchinsky. While approving the referee's guilt findings, th
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Del. Ch.·
2018-03-28
The Delaware Court of Chancery denied defendants' motion to dismiss, finding that plaintiffs had adequately pled facts supporting a reasonable inference that Elon Musk was a controlling stockholder of Tesla. Consequently, the court held that the Corwin doctrine, which would have
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241 So. 3d 958·
Fla. 1st DCA·
2018-03-22
A trial judge is not required by Florida Rule of Judicial Administration 2.330 to provide specific findings explaining the reasons for recusal.
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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.·
2018-02-05
The Court of Chancery recommended granting the defendant's motion for summary judgment, finding that the defendant did not breach his fiduciary duties as executor and trustee. The court further recommended terminating the Special Needs Trust due to its purpose becoming impossible
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233 So. 3d 1019·
Fla.·
2018-01-18
An attorney who provides incompetent legal advice regarding medical marijuana without proper training, refers clients to unlicensed physicians, and provides legally meaningless certifications that result in clients' arrests and criminal prosecution shall be disbarred when the con
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Fla. 4th DCA·
2018-01-10
When a lawyer terminates association with a firm, Rule 4-1.10(c) applies rather than Rule 4-1.10(b), and disqualification is permitted only if the matter is substantially related to prior representation and the remaining firm has material confidential information about the former
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Del. Fam. Ct.·
2017-12-27
The court modified the visitation schedule, granting the mother additional weekday visits, two nonconsecutive weeks during the summer, and alternating holidays. The court denied the father's motion for reconsideration of an award of attorney's fees and costs.
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238 So. 3d 382·
Fla. 2d DCA·
2017-12-27
Santos Mendez-Domingo appealed the summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel based on an alleged conflict of interest. The Florida District Court of Appeal, Second District reversed and remanded, holding that while the postconviction court
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Del. Ch.·
2017-12-11
The Court of Chancery granted defendants' motion to dismiss, holding that the reclassification of NRG Yield, Inc. (Yield) shares was not subject to entire fairness review because the MFW framework's procedural protections were satisfied, thus applying the business judgment rule.
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Del. Ch.·
2017-04-17
The Court held that the plaintiff stockholder established a proper purpose for inspecting the defendant corporation's books and records under 8 Del. C. § 220. The court found a credible basis to infer that a key executive violated the company's Code of Conduct due to a conflict o
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223 So. 3d 1033·
Fla. 3d DCA·
2017-03-15
The Children of Jose Ignacio Lopez, Sr. sought certiorari to disqualify the Kluger Firm from representing Maria Mercedes Flores in an annulment action after the Children's attorney disclosed confidential information and case strategy to a Kluger Firm attorney during prospective c
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211 So. 3d 230·
Fla. 3d DCA·
2017-01-18
Indian Creek Country Club appealed from a trial court's invalidation of special assessments imposed by Indian Creek Village and the voiding of a 1996 agreement between the parties. The appellate court affirmed the invalidation of the 2010 and 2011 special assessments as unsupport
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Del. Ch.·
2016-12-30
The Court of Chancery properly granted summary judgment in favor of the agent, finding that the durable power of attorney authorized the sale of the principal's residence, and that the agent did not breach his fiduciary duty. The court reasoned that the power of attorney expressl
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207 So. 3d 343·
Fla. 2d DCA·
2016-11-30
The trial court departed from the essential requirements of law by applying an inapplicable standard for judicial recusal to a motion to withdraw based on an attorney conflict of interest.
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202 So. 3d 110·
Fla. 5th DCA·
2016-10-14
Travis Bryant appeals the denial of his motion to withdraw his guilty plea. The Florida Fifth District Court of Appeal reversed in part, holding that the trial court erred by failing to appoint conflict-free counsel to represent Bryant during the motion to withdraw plea proceedin
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194 So. 3d 1015·
Fla.·
2016-07-07
The Florida Supreme Court amended the Code of Judicial Conduct to prohibit senior judges from serving as voluntary trial resolution judges or arbitrators in any circuit in which they are presiding as judges, extending protections previously applied to senior judges serving as med
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M.D. Fla.·
2016-05-23
The court granted summary judgment for the defendants, finding that the denial of long-term disability benefits was not wrong under a de novo standard of review.
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191 So. 3d 957·
Fla. 4th DCA·
2016-05-11
A daughter who reached majority seeks to recover unpaid child support arrearages from her father's estate. The court holds that only the custodial parent (the daughter's mother) has the vested right to enforce child support obligations accrued during the child's minority, and the
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S.D. Fla.·
2016-04-21
A motion to disqualify a magistrate judge based on statements made during the proceedings regarding a potential conflict of interest was denied, as the statements did not demonstrate deep-seated favoritism or antagonism.
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Del.·
2016-03-04
The Delaware Supreme Court held that a claim against an insurer for acting in bad faith by failing to settle a third-party insurance claim accrues when an excess judgment against the insured becomes final and non-appealable. The Court reversed the Superior Court's dismissal of th
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Del. Super. Ct.·
2015-11-10
The Delaware Superior Court denied the defendant's motion for postconviction relief, finding that his defense counsel provided effective assistance and that his guilty plea was knowing, intelligent, and voluntary. The court rejected numerous claims of ineffective assistance, incl
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Del. Ch.·
2015-09-08
The Court of Chancery granted in part Petitioners' motion for final reimbursement of attorneys' fees, costs, and expenses, finding that most of the fees incurred by the co-trustees were necessary for the proper administration of the trust or provided a benefit to it. The Court ap
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164 So. 3d 798·
Fla. 1st DCA·
2015-06-02
Beach Community Bank appeals an administrative decision awarding reemployment benefits to Joyce Arnette, a terminated bank teller. The Bank claimed Arnette violated its conflict-of-interest policy because her husband managed an LLC that was sued by the Bank, but the court affirme
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Del. Ch.·
2015-04-21
The Court of Chancery denied in part and granted in part the defendants' motion to dismiss. The court found it reasonably conceivable that the plaintiff could prove breach of contract and promissory estoppel claims related to an alleged oral agreement to renew a lease, and that t
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Del. Ch.·
2015-04-20
The Delaware Court of Chancery found that the General Partner breached the Limited Partnership Agreement by causing El Paso MLP to engage in the Fall Dropdown transaction. The court determined that the Conflicts Committee members failed to form a subjective belief that the transa
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160 So. 3d 114·
Fla. 3d DCA·
2015-03-25
A writ of mandamus is granted to compel the trial court to strike an order appointing a special master when the appointment was made without the consent of a party.
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144 So. 3d 698·
Fla. 4th DCA·
2014-08-20
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Del.·
2014-08-07
The judgment in favor of the patient is affirmed, but the case is remanded with instructions to vacate the supplemental jury verdict. The court held that the physician breached the duty of informed consent by failing to disclose the viable alternative of epidural anesthesia and b
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147 So. 3d 553·
Fla. 3d DCA·
2014-06-04
Jorge L. Fernandez, former Miami City Attorney, appealed a judgment denying his claim for severance and leave payments after his criminal conviction for fraudulent expense reimbursement. The court affirmed, finding that Fernandez breached his fiduciary duty by failing to disclose
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Del. Super. Ct.·
2014-04-15
The court granted in part and denied in part the motion to dismiss. Claims Two (advice of counsel defense) and Five (conflict of counsel) were dismissed with leave to amend to include facts from an affidavit that was improperly excluded on the initial motion. Claims Three (failur
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Del. Ch.·
2014-03-07
The court held that RBC Capital Markets, LLC (RBC) is liable for aiding and abetting the breaches of fiduciary duty by the directors of Rural/Metro Corporation. The court found that RBC's actions in designing and executing the sale process, including its undisclosed conflicts of
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Del. Super. Ct.·
2013-10-31
The court held that the insurance policies were unambiguous and that the excess insurers had a duty to pay defense costs. The court affirmed the jury's verdict on the "injury-in-fact" trigger, finding that cellular and molecular damage from asbestos inhalation constitutes an inju
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Del. Ch.·
2013-07-23
The Court of Chancery granted the defendants' motion to dismiss the second amended complaint. The court found that the plaintiffs failed to plead facts supporting a rational inference that Castle Harlan was a controlling stockholder or that it had an improper conflict of interest
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Del.·
2013-07-22
The Court affirmed the Court of Chancery's dismissal of the plaintiff's class action complaint. The court held that the plaintiff failed to plead facts that would permit a reasonable inference that the Conflicts Committee members breached their contractual duty to act in subjecti
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804 F. Supp. 2d 1171·
M.D. Fla.·
2013-06-17
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114 So. 3d 456·
Fla. 4th DCA·
2013-06-05
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113 So. 3d 80·
Fla. 2d DCA·
2013-04-26
Renee Long, as guardian of her three minor children who held a 60% interest in an estate, petitioned to appoint Hugh Umsted as personal representative in place of Robin Willis. The probate court denied the petition based on alleged unreasonable delay and Umsted's conflict of inte
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112 So. 3d 504·
Fla. 3d DCA·
2013-02-20
The University of Miami appeals summary judgment in favor of its insurance company, Great American Assurance Company, in a declaratory action seeking indemnification for attorney's fees incurred in defending a negligence lawsuit. The court reverses, holding that a conflict of int
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104 So. 3d 314·
Fla.·
2012-11-15
The Florida Supreme Court adopted amendments to seven Florida Family Law Rules of Procedure Forms to implement recent rule amendments governing nonlawyer assistance to self-represented parties. The amendments require nonlawyers to disclose their identity and contact information w
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85 So. 3d 1164·
Fla. 4th DCA·
2012-04-11
A Florida appellate court reversed the discharge of public defender representation for a Baker Act (involuntary civil commitment) patient with a plenary guardian. The court held that even when a ward has a guardian, the ward retains the right to independent counsel in involuntary
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Del. Ch.·
2012-02-29
The Court denied the plaintiffs' motion for a preliminary injunction, finding that the plaintiffs failed to demonstrate a reasonable likelihood of success on the merits of their claims regarding an unfair price, a flawed sales process, and misleading disclosures. The Court conclu
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76 So. 3d 1075·
Fla. 5th DCA·
2011-12-23
The State appealed a trial court's order granting Holloman's motion to withdraw his guilty plea based on a conflict of interest where the Public Defender's Office represented both Holloman and a prosecution witness. The appellate court reversed, holding that Holloman failed to pr
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Del. Ch.·
2011-10-12
The Delaware Court of Chancery dismissed a derivative shareholder lawsuit against Goldman Sachs directors and officers. The court found that the plaintiffs failed to plead demand futility, as required by Court of Chancery Rule 23.1, because they did not sufficiently allege that t
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819 F. Supp. 2d 1264·
M.D. Fla.·
2011-09-26
The court held that the amended complaint sufficiently pleaded exhaustion of administrative remedies and that an ESOP fiduciary may be liable for failing to diversify investments if their conduct violates the residual duty of prudence, but the specific allegations in this case di
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Del. Super. Ct.·
2011-08-22
The Court granted the Petitioner's writ of certiorari, finding that the Board of Appeals proceeded irregularly by conducting its hearing with only two members when the City Manager, a required member with a conflict of interest, was not replaced by an alternate as mandated by the
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Del.·
2011-07-20
The Court suspended the Respondent from the practice of law for three months, followed by an eighteen-month period of probation with specific conditions. The Court found that the Respondent violated multiple rules of professional conduct, including those related to conflicts of i
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644 F.3d 1206·
11th Cir.·
2011-06-28
Randall Scott Jones appealed the denial of his federal habeas corpus petition challenging his death sentence for two murders committed in 1987. Jones raised two ineffective assistance of counsel claims: first, that his trial lawyer labored under a conflict of interest as an honor
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788 F. Supp. 2d 1355·
M.D. Fla.·
2011-04-26
The court held that the administrator's decision to deny continuing long-term disability benefits was not de novo wrong, and therefore affirmed the denial.
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59 So. 3d 299·
Fla. 5th DCA·
2011-04-15