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859 So. 2d 1233·
Fla. 4th DCA·
2003-11-12
·cited 9×
Paragon Health Services, as assignee of a judgment creditor, appealed a summary judgment dismissing its fraudulent transfer claims against corporate officers and their wives under Florida's Uniform Fraudulent Transfer Act. The court affirmed dismissal of claims based on anteceden
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992 F. Supp. 1439·
M.D. Fla.·
1998-02-03
·cited 6×
The court held that the transfer of Kerry's assets was a fraudulent transfer under Florida law because it was done with actual intent to defraud creditors and for less than reasonably equivalent value, and that the defendants engaged in civil conspiracy to effectuate this fraudul
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M.D. Fla.·
2025-11-24
The court recommended granting default judgment in part for fraudulent transfer and conspiracy to defraud claims, allowing voidance of certain property transfers and the right to levy execution, but denying other claims and damages.
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M.D. Fla.·
2025-09-29
The court affirmed the bankruptcy court's findings on fraudulent transfer claims but reversed the order limiting where the judgment could be filed, and affirmed the dismissal of contract claims to prevent double recovery.
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M.D. Fla.·
2024-12-23
The court held that a motion to dismiss based on asset exemptions is premature when the governing law for those exemptions is disputed and the complaint plausibly states a claim under the law of the jurisdiction with the most significant relationship to the transfer.
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Del.·
2024-06-10
The Delaware Supreme Court affirmed the Superior Court's decision, holding that Zurich American Insurance Company has no duty to advance defense costs for the Eddystone Litigation. The Court found that the underlying claim arose from a breach of contract that occurred after the "
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M.D. Fla.·
2024-03-31
A bankruptcy trustee for Universal Health Care Group brought fraudulent transfer claims against private equity firm Warburg Pincus and its investment fund over a 2011 stock redemption funded by debt, along with breach of fiduciary duty claims against Warburg and its representativ
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M.D. Fla.·
2024-03-28
The court held that the defendant's investment should be assessed independently and granted summary judgment because the plaintiff failed to present evidence of actual or constructive fraud related to the defendant's stock redemption.
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S.D. Fla.·
2023-11-22
The court affirmed the magistrate judge's report and recommendation, granting in part and denying in part the defendant's motion to dismiss, denying abstention, and denying jurisdictional discovery as moot.
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M.D. Fla.·
2023-09-29
The court granted summary judgment in part, finding the defendant breached her fiduciary duty as trustee and that her transfer of property was both actually and constructively fraudulent, while denying the claim for overdue distribution as a separate cause of action.
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Del. Ch.·
2023-09-05
The Delaware Court of Chancery granted in part and denied in part the defendants' motions to dismiss. The court dismissed all claims against Black Diamond Capital Management, L.L.C., finding veil piercing unavailable and the transfer beneficiary claim under DUFTA unsupported. Cla
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M.D. Fla.·
2023-08-11
The court granted the defendant's motion to transfer the case to the Middle District of Florida, finding it to be a proper and more convenient forum.
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M.D. Fla.·
2023-06-15
Regions Bank sought to recover over $14 million in judgments from debtor William P. McCuan by avoiding multiple asset transfers made between 2008 and 2012 as fraudulent under Florida law and the Bankruptcy Code. The District Court affirmed the Bankruptcy Court's judgment in favor
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M.D. Fla.·
2023-05-02
The court granted the defendant's motion to dismiss the plaintiff's claims for fraudulent transfer and conversion.
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S.D. Fla.·
2022-05-12
The court held that the defendants' motions to dismiss were granted in part and denied in part, denying collateral estoppel and indispensable party defenses, and finding the alter ego and fraudulent transfer claims sufficiently pleaded.
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S.D. Fla.·
2022-05-02
The court denied eCapital's motion for summary judgment because genuine disputes of material fact exist regarding whether GMF received reasonably equivalent value for the transfers, a key element for constructive fraudulent transfer claims.
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M.D. Fla.·
2022-03-29
Summary judgment was granted against individual defendants for actual fraudulent transfers, and default judgment was entered against Accessory 4G LLC.
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Del. Super. Ct.·
2021-06-02
The Court denied in part and granted in part the defendants' motion to dismiss. The court found that it had personal jurisdiction over JH, that CIBC adequately pleaded damages, and that the fraudulent transfer, breach of contract (as to certain agreements), and unjust enrichment
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M.D. Fla.·
2020-12-22
The court held that it has subject matter jurisdiction and that the plaintiff has stated plausible claims for fraudulent transfer under the Florida Uniform Fraudulent Transfer Act, denying in part the defendants' motion to dismiss.
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Del. Ch.·
2015-10-20
The Delaware Court of Chancery rejected Quadrant's claims that Athilon's January 2015 repurchase of its own notes from Merced constituted a breach of the Senior Indenture, a fraudulent transfer, or a breach of fiduciary duty. The court found that the repurchase did not violate th
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Del. Ch.·
2015-08-11
The Court grants Development Max's motion to dismiss on forum non conveniens grounds. The Court found that the complexity and unsettled nature of Ukrainian law, coupled with the diverging expert opinions on its application, made Ukraine the more appropriate forum. The Court's pri
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Del. Ch.·
2013-01-25
The Delaware Court of Chancery found that the defendant breached the joint venture agreement and fiduciary duties by usurping corporate opportunities. The court interpreted the agreement broadly, finding that the defendant's actions in acquiring companies within the joint venture