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S.D. Fla.·
2022-06-07
The court held that evidence of third-party use of a mark is generally admissible, even if its weight is minimal, and that evidence of alleged FDA non-compliance by the plaintiff is inadmissible in this trademark case.
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M.D. Fla.·
2022-03-28
The court held that neither party was entitled to summary judgment because the plaintiff's claims were based on an unpled theory of reformation and intertwined with ongoing state court probate proceedings.
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M.D. Fla.·
2022-03-21
The court held that the insurer MetLife proved its claim for rescission of the disability policy because the insured Dr. Liebowitz made material misrepresentations on his application with fraudulent intent, and MetLife rescinded the policy within a reasonable time.
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S.D. Fla.·
2022-03-03
The court granted the motion for a preliminary injunction, finding that the plaintiffs have a strong likelihood of success on the merits and are likely to suffer irreparable injury due to the defendants' sale of counterfeit and infringing goods.
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S.D. Fla.·
2022-02-18
The court held that a claim under the LIBERTAD Act involves a legal right and remedy, entitling the plaintiff to a jury trial.
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Del. Ch.·
2022-02-14
The Court of Chancery has subject matter jurisdiction over actions to interpret, apply, or enforce agreements for the sale of stock under 8 Del. C. § 111. The statute grants litigants the right to elect this forum, and the court cannot decline jurisdiction. Furthermore, claims ch
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Fla. 3d DCA·
2021-12-08
The doctrine of equitable subrogation allows a person who has satisfied another's debt obligation to stand in the shoes of the original creditor and succeed to its rights and priorities.
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S.D. Fla.·
2021-11-18
Luxottica Group S.p.A., Oakley, Inc., and Costa Del Mar, Inc. sued 138 defendants for counterfeiting and infringing their registered trademarks by advertising, promoting, and selling counterfeit eyewear and related products through online marketplaces and websites. The court gran
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Fla. 1st DCA·
2021-11-17
The appellate court reversed a trial court's decision that found a letter of understanding ambiguous. The court held that the language was clear and unambiguous, and therefore, the trial court erred in construing it against the drafter.
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S.D. Fla.·
2021-10-14
The court granted YETI's motion for a preliminary injunction, enjoining defendants from manufacturing, selling, or distributing counterfeit YETI products and requiring them to cease using YETI's trademarks online.
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S.D. Fla.·
2021-09-29
The court granted the government's motion for sanctions, ordering the defendant to pay disgorgement of ill-gotten gains and costs associated with prosecuting the contempt action.
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S.D. Fla.·
2021-09-28
YETI Coolers, LLC obtained a temporary restraining order against 60 defendants operating websites that advertised and sold counterfeit YETI-branded products in violation of the Lanham Act. The court found that YETI demonstrated a substantial likelihood of success on the merits, i
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S.D. Fla.·
2021-09-24
The court granted in part the plaintiffs' ex parte application for a temporary restraining order, restraining defendants from infringing on plaintiffs' trademarks, but denied the request for a seizure order.
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S.D. Fla.·
2021-09-21
The court granted the plaintiff's motion for a preliminary injunction, enjoining defendants from infringing on the plaintiff's trademarks, copyrights, and patent.
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S.D. Fla.·
2021-09-21
The court granted plaintiff's motion for a preliminary injunction, enjoining defendants from manufacturing, selling, or distributing infringing products and from concealing assets.
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M.D. Fla.·
2021-09-17
The court held that Plaintiff adequately pleaded claims for denial of benefits and breach of fiduciary duty under ERISA, but dismissed the claim against Express Scripts for failure to monitor.
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Del. Ch.·
2021-09-07
The Court of Chancery denied the plaintiff's request for expedited injunctive relief, finding that such relief was unworkable and would require excessive court supervision. Despite assuming a breach of contract and irreparable harm, the court concluded that ordering the defendant
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S.D. Fla.·
2021-08-10
The court held that INPROTSA was in contempt for violating court injunctions and adopted the magistrate judge's recommendations regarding sanctions, awarding attorney's fees but denying disgorgement of revenues.
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Del. Ch.·
2021-06-23
The Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court denied dismissal for claims of reformation, declaratory judgment, and breach of the implied covenant of good faith and fair dealing. The court granted dismissal for claims of willful
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S.D. Fla.·
2021-06-14
A claim for unjust enrichment can be pleaded in the alternative to a breach of contract claim, even when an express contract exists, if the damages sought fall outside the scope of the contract.
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M.D. Fla.·
2021-06-14
The court held that the plaintiffs' amended complaint sufficiently pleaded claims under Federal Rules of Civil Procedure 8(a)(2) and 9(b), and therefore denied the defendants' motions to dismiss.
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S.D. Fla.·
2021-06-07
The court granted the plaintiffs' motion to withdraw their jury demand and strike the defendants' jury demand because the remaining claims sought equitable remedies for which there is no federal right to a jury trial.
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S.D. Fla.·
2021-06-04
The court held that the Nominee Agreement is not void as a matter of law and that the plaintiff has plausibly alleged claims for declaratory judgment, fraudulent inducement, and unjust enrichment.
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S.D. Fla.·
2021-05-14
The court recommended granting the plaintiff's motion for a preliminary injunction, finding that the plaintiff is likely to succeed on the merits of their trademark infringement claim and will suffer irreparable harm if the injunction is not granted.
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M.D. Fla.·
2021-04-26
The court held that a claim for specific performance to compel appraisal is a valid cause of action, but a breach of contract claim must allege general damages, not just consequential damages from delay.
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S.D. Fla.·
2021-03-12
The court held that plaintiffs seeking monetary relief for losses under ERISA Section 502(a)(2) are entitled to a jury trial under the Seventh Amendment, despite the claims having historical roots in equity.
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Del. Ch.·
2021-03-05
The Delaware Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court dismissed the fraud claim against defendant Ericson for lack of personal jurisdiction, finding he did not have sufficient minimum contacts with Delaware. The court denied Wi
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Del.·
2021-01-15
The Court affirmed the Court of Chancery's decision, holding that the directors' actions at the November 15 board meeting were invalid as a matter of equity due to affirmative deception. The court found that the directors misled a fellow director to establish a quorum, and this d
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S.D. Fla.·
2020-12-20
Michael Kors, L.L.C. and Gianni Versace S.r.l. sued individuals and entities operating online marketplaces for manufacturing, advertising, and selling counterfeit goods bearing their registered trademarks in violation of the Lanham Act. The court granted the plaintiffs' motion fo
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S.D. Fla.·
2020-12-08
The court held that the complaint adequately states claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and that it has subject matter jurisdiction.
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S.D. Fla.·
2020-12-02
The court granted Plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence to establish Defendants' liability for trademark counterfeiting and infringement.
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M.D. Fla.·
2020-11-19
The court held that defendants were not entitled to a jury trial in proceedings supplementary to enforce a judgment, as the claims involved equitable remedies under the Uniform Fraudulent Transfers Act.
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M.D. Fla.·
2020-11-03
Defendants Maheshwar Sewpersaud and Usine Rotec, Inc. are held in civil contempt for violating the court's prior orders, and the preliminary injunction is modified to enjoin Sewpersaud globally from working for Rotec.
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S.D. Fla.·
2020-10-23
The court held that a breach of contract claim could proceed because the attached exhibits did not conclusively negate the allegations, but a quantum meruit claim was dismissed because an express contract existed and the plaintiff failed to plead it properly in the alternative.
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S.D. Fla.·
2020-10-13
The court granted the plaintiffs' motion for a preliminary injunction, enjoining defendants from manufacturing, selling, or distributing infringing products and from concealing assets.
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S.D. Fla.·
2020-10-13
The court granted the motion to dismiss, finding that the plaintiff failed to state claims for an action for accounting, fraud, violation of FDUTPA, and tortious interference.
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S.D. Fla.·
2020-09-30
The court held that a stay of proceedings was not warranted because Eleventh Circuit precedent on the FTC Act's § 13(b) remains binding despite pending Supreme Court review, and the receiver's actions to preserve arguments for the defendant entities did not create an irreconcilab
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S.D. Fla.·
2020-09-25
The court granted plaintiffs' ex parte application for a temporary restraining order due to their strong likelihood of success on the merits and the irreparable harm they would suffer from defendants' alleged trademark infringement.
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301 So. 3d 1120·
Fla. 1st DCA·
2020-08-31
The appellate court reversed a summary judgment granted to TSE Plantation, finding that 21st Mortgage Corporation did not cause injury to TSE Plantation's predecessor in interest through alleged misconduct in a bankruptcy case, which is a necessary element for an unclean hands de
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S.D. Fla.·
2020-05-28
Plaintiff Aaron Fruitstone sued Spartan Race Inc., a Massachusetts-based obstacle course race organizer, alleging that it deceived consumers by charging a $14 mandatory "Racer Insurance Fee" marketed as a pass-through cost for third-party accident insurance, when in fact Spartan
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Del. Ch.·
2020-04-30
The court held that Lucinda Papa breached her fiduciary duties to Richard DeGroat under common law and the Durable Personal Powers of Attorney Act by engaging in self-dealing transactions and misappropriating his assets. The court found that Lucinda and her current husband, Micha
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Fla. 2d DCA·
2020-04-24
The appellate court reversed an order denying a motion to vacate a foreclosure sale. The court found the trial court applied the wrong legal standard by focusing on irregularities of the sale itself, rather than considering equitable grounds for vacating the sale, such as a loan
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S.D. Fla.·
2020-04-23
The court granted a preliminary injunction against defendants for trademark counterfeiting and infringement, finding a strong likelihood of success on the merits and irreparable harm.
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305 So. 3d 324·
Fla. 3d DCA·
2020-04-01
The appellate court reviewed a trial court's dismissal of an insurance company's complaint against its insured. The court affirmed the dismissal of breach of contract and injunctive relief claims but reversed the dismissal of specific performance and declaratory judgment claims,
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Del. Ch.·
2020-03-26
The Court of Chancery held that all actions taken at the November 15, 2019, board meeting of QLess, Inc. were void. The court found that while the B ckers did not interfere with Altos' right to appoint a director, Alex B cker affirmatively misrepresented his intentions regarding
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952 F.3d 1251·
11th Cir.·
2020-03-05
The Eleventh Circuit denied the motion for appointment of substitute counsel and a stay of execution, finding the petitioner failed to demonstrate entitlement to either due to untimeliness, futility, and unjustified delay.
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S.D. Fla.·
2020-03-04
The court held that it has subject matter jurisdiction over the Receiver's claims and denied the defendant's motion to dismiss and request for interlocutory appeal.
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Del. Ch.·
2020-03-02
The Delaware Court of Chancery found that the respondent, Jay Deputy, breached his fiduciary duties of loyalty, care, and to inform as trustee of the One Flintlock Trust and the Deputy Trust. The court rejected Jay's defense of laches, finding that while Paul unreasonably delayed
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M.D. Fla.·
2019-11-21
The court held that the plaintiff's claims were barred by res judicata, and claims against an individual defendant were barred by sovereign immunity or Title IX limitations.
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Del. Ch.·
2019-10-25
The Court of Chancery denied BML's motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, and denied Plaintiffs' motion for partial summary judgment. The court found it had subject matter jurisdiction because the plaintiffs sought equitable relie