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Fla. 1st DCA·
2019-10-23
The appellate court affirmed a jury verdict for age discrimination but remanded the case for reconsideration of the attorney's fees award. The court found sufficient evidence for the discrimination claim and upheld the jury instructions and front pay award.
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Fla. 1st DCA·
2019-10-23
Dr. Timothy Moore won a $40,000 verdict plus front pay on an age discrimination claim against Capital Health Plan for failure to promote him to a position filled by a younger, less qualified doctor. On appeal, the court affirmed the verdict, jury instructions, and front pay award
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S.D. Fla.·
2019-10-07
The court granted Plaintiff's motion for a preliminary injunction, enjoining Defendants from manufacturing, selling, or distributing counterfeit goods bearing Plaintiff's trademarks and from transferring assets.
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S.D. Fla.·
2019-09-16
The Court held that most of the requested remedies were moot due to the death of Jeffrey Epstein, beyond the Court's jurisdiction, or not authorized by the Crime Victims' Rights Act (CVRA).
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S.D. Fla.·
2019-08-22
The court granted the plaintiffs' motion for a preliminary injunction, restraining the defendants from distributing copyrighted works and using infringing trademarks.
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131 La. 697·
S.D. Fla.·
2019-05-30
Disgorgement in the amount of $360,337 is an appropriate equitable remedy for defendants' registration violations under the Commodity Exchange Act, and Robert Escobio can be held jointly and severally liable.
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125 La. 371·
M.D. Fla.·
2019-05-10
Plaintiffs failed to meet their burden of proving that their disgorgement figure reasonably approximates the defendants' unjust gains, and therefore are not entitled to monetary relief.
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Fla. 3d DCA·
2019-04-24
# Legal Brief
In *All Seasons Condo Assoc. v. Patrician Hotel*, the Third District Court of Appeal reversed the trial court's judgment in favor of Patrician Hotel, LLC and All Seasons Suites, LLC, holding that the condominium association's board must be afforded an opportunity o
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Del. Ch.·
2018-10-04
The appellate court affirmed the trial court's judgment, holding that Supernus was not entitled to indemnification for breach of the Ordinary Course Covenant because the covenant did not survive the closing and Supernus failed to provide timely notice of its claim. The court also
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Del. Ch.·
2018-08-01
The Court of Chancery has broad equitable powers to fashion a complete remedy for breach of contract. In this case, the court awarded a multi-part remedy including specific performance to complete an Exit Sale, appointment of a monitor to oversee compliance, compensatory damages
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Del. Ch.·
2018-07-11
The Court of Chancery granted defendants' motion for summary judgment, finding that technical defects in the dating of written consents would be validated under 8 Del. C. § 205, and that the directors did not breach their fiduciary duties regarding the notice of appraisal rights
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245 So. 3d 808·
Fla. 4th DCA·
2018-05-16
A mediated settlement agreement's provision allowing a former husband to refinance and buy out the former wife's interest for 50% of equity does not entitle him to 50% of proceeds from a forced sale of the marital home.
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S.D. Fla.·
2017-07-20
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Del.·
2017-03-28
The Delaware Supreme Court affirmed in part, reversed in part, and remanded the case. The Court held that the Court of Chancery erred in merging the administration of the Estate and Trust and in concluding that certain deferred payments (CDI Payments) to Janice were proper. The C
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9th Cir. Ct. App. Div.·
2017-02-17
A property foreclosure sale surplus distribution case in which the appellate court dismissed the appeal for lack of standing, finding that the appellants (S&A and Ge) were never properly allowed to intervene in the lower court action and therefore were not parties with standing t
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Del.·
2017-02-13
The Delaware Supreme Court affirmed the Court of Chancery's judgment appointing a custodian to sell TransPerfect Global, Inc. The Court held that the custodian statute (8 Del. C. § 226) permits the appointment of a custodian for stockholder and director deadlock, even in a profit
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Del. Ch.·
2016-01-19
The Court of Chancery held that the child support arrearage claim against the estate was valid, entitled to full faith and credit under the U.S. Constitution. While the claim did not need to be a final judgment under Delaware law, Florida law recognizes unpaid child support as a
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Del.·
2015-12-23
The Delaware Supreme Court affirmed the Court of Chancery's award of $113 million in expectation damages to PharmAthene, Inc. The Court held that the law of the case doctrine did not prevent the Court of Chancery from reconsidering its prior ruling that expectation damages were t
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Del. Ch.·
2015-08-24
The Court held that the Defendants breached the joint venture agreement by failing to transfer the property to the LLC. The Court found that while the Plaintiff was entitled to terminate the joint venture, a strict enforcement of the contract's termination clauses would result in
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164 So. 3d 142·
Fla. 4th DCA·
2015-05-13
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Del. Ch.·
2015-04-30
The Delaware Court of Chancery held that while WU Parent and WU Sub lacked standing to petition for statutory dissolution under Section 18-802 of the LLC Act, WU Sub, as an assignee, possessed standing to seek dissolution in equity. The court reasoned that statutory dissolution p
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Del. Ch.·
2015-02-13
The Court of Chancery correctly granted summary judgment for the trustee, holding that the spendthrift provision of the trust barred the beneficiaries from satisfying a judgment against the individual trustee from the trust assets. Delaware law, as codified in 12 Del. C. § 3536,
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Del. Ch.·
2014-09-05
The Court of Chancery granted the City's motion to dismiss. The court found that the plaintiff, Walker, had standing to pursue claims under the Delaware Fair Housing Act (DFHA) as an "aggrieved person" due to his association with the property and his indirect financial injury. Ho
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201 So. 3d 37·
Fla. 3d DCA·
2014-06-18
A judgment creditor appeals a trial court's denial of his fraudulent transfer claim against a judgment debtor and the debtor's wife. The debtor had transferred ten million shares of Scorpion stock from his individual name to joint names with his wife shortly after the creditor's
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Del. Ch.·
2014-03-24
The Court of Chancery denied the defendant's motion to dismiss or stay the action, finding that the plaintiff had standing to pursue his claims because the bankruptcy trustee had properly abandoned the relevant intellectual property rights to him. The court also found that the ab
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128 So. 3d 900·
Fla. 3d DCA·
2013-12-18
The dissenting opinion holds that the probate division judge had jurisdiction to make findings regarding a fiduciary duty and its breach, even if the ultimate claims for damages would need to be pursued in the civil division.
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833 F. Supp. 2d 673·
S.D. Fla.·
2013-09-18
The court held that the defendants failed to demonstrate a likelihood of success on appeal and that equity favored preserving frozen assets for consumer redress over allowing defendants to use them for living expenses.
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Del. Fam. Ct.·
2013-08-26
The Family Court denied the Petition for Specific Performance, finding that the handwritten December 7, 2019 agreement was not a valid and enforceable contract due to insufficiently definite essential terms regarding the timing of the marital residence sale and the amounts owed f
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Del.·
2013-05-29
The Delaware Supreme Court affirmed the Court of Chancery's denial of the defendant's motion to vacate a default judgment and anti-suit injunction. The court held that the forum selection clause was valid and enforceable, and that the defendant's arguments regarding lack of perso
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310 F. Supp. 2d 58·
S.D. Fla.·
2012-10-01
Summary judgment is granted for Altec Industries on most claims because it did not design or manufacture the product, and for AEP on strict liability and negligence design defect claims because the product was not unreasonably dangerous as designed. Summary judgment is denied on
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Del. Super. Ct.·
2012-03-28
The court granted Plaintiff's motion to dismiss Defendants' counterclaims and David B. Small's motion to dismiss the Third-Party Complaint, with leave to re-plead. The court denied Defendants' motion for the Honorable Mary M. Johnston to sit by designation in the Court of Chancer
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Del. Ch.·
2011-10-14
The court held that a controlling stockholder's transaction with a corporation, where the corporation's special committee adopted a 'relative valuation' approach that obscured the disparity between the market value of the acquiror's stock and the target's actual worth, was entire
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Del. Ch.·
2011-04-15
The court held that Frank is a member of Dragon Group, LLC, with an ownership interest equivalent to 146 shares out of 776 total shares, or 18.81%. Frank is entitled to a payment of $162,175.10 plus prejudgment interest, and an accounting to determine his proportionate share of a
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Del. Ch.·
2009-04-14
The court held that the Public Service Commission's (PSC) determination that the transfer of lots from Utility Systems, Inc. (USI) to Carbaugh Property Management, LLC (CPM) violated utility law was binding on CPM due to privity with USI. Therefore, the PSC was entitled to summar
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Del. Super. Ct.·
2009-01-20
The Superior Court lacks subject matter jurisdiction over claims for breach of fiduciary duty, even when only monetary damages are sought, as these are equitable causes of action exclusively within the jurisdiction of the Court of Chancery. Therefore, the counterclaim for breach
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Del. Ch.·
2008-12-23
The Court of Chancery has subject matter jurisdiction over the action based on allegations of alter ego and piercing the corporate veil. The motion to dismiss for failure to comply with Rule 3(aa) is denied as moot. The motion to dismiss for failure to state a claim is granted in
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995 So. 2d 1004·
Fla. 1st DCA·
2008-10-22
The court held that the trial court abused its discretion by ordering the sale of foreclosure properties 'all at once' rather than in parcels.
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Del. Ch.·
2007-11-02
The Court held that the Second Amendment to the Purchase Agreement imposed an unqualified obligation on Robino to obtain Value City's consent, and that Robino breached this obligation by failing to do so. However, the Court denied West Willow's request for specific performance, f
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Del. Ch.·
2007-07-12
The court held that a valid oral contract was entered into by the parties for the conveyance of Lot 1 in exchange for ongoing land maintenance. The Statute of Frauds did not bar enforcement due to substantial part performance by the plaintiffs. Specific performance was deemed the
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467 F. Supp. 2d 1343·
M.D. Fla.·
2006-11-30
The court held that unlicensed contractors are barred from seeking equitable remedies under Florida law and that the statute prohibiting such claims does not violate the Florida Constitution's access to courts provision.
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908 So. 2d 565·
Fla. 4th DCA·
2005-08-10
The Taylors appealed a judgment that denied the bank's foreclosure but restructured their mortgage terms and ordered payment of modified amounts. The court affirmed the denial of foreclosure but reversed the portion that rewrote the mortgage terms, finding the trial court exceede
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867 So. 2d 1259·
Fla. 1st DCA·
2004-03-18
The trial court awarded appellants' ten river lots to appellees as an equitable remedy in a partnership dispute, finding breaches of written and verbal agreements. The appellate court reversed, holding that the trial court improperly distributed partnership assets without a prope
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Del. Super. Ct.·
2003-04-25
The court held that a motion to dismiss was granted as to the claim for failure of consideration (Count IV) but denied as to all other counts (Counts I-III and V-VIII). The court found that claims for misrepresentation, fraud, mutual mistake, breach of contract, and violation of
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Del.·
2002-08-29
The Supreme Court of Delaware affirmed in part and reversed in part the Court of Chancery's decision. It held that a limited partnership agreement can create fiduciary duties mirroring corporate law, and that the agreement's provisions established an entire fairness standard for
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Del. Ch.·
2002-05-07
The court affirmed the Master's finding that the defendant must account to the partnership for $5,243, representing excess draws retained by the defendant, after allowing offsets for payments made by the defendant to satisfy partnership debts. The court denied the defendant's exc
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Del. Ch.·
2002-02-11
The court denied Tyson Foods, Inc.'s motion to vacate its post-trial opinion. The court held that vacatur is an equitable remedy reserved for situations where a party is prevented from obtaining appellate review by circumstances beyond its control, not by its own voluntary decisi
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797 So. 2d 626·
Fla. 5th DCA·
2001-10-12
Wassman obtained a final county court judgment against Travelers for $22,453.52 based on a dishonored check. Travelers later filed an interpleader action in circuit court and sought to satisfy the judgment through deposit of bond funds into the registry. The appellate court rever
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144 F. Supp. 2d 1286·
M.D. Fla.·
2001-01-10
The court held that the plaintiff's motion to strike the defendant's counterclaims should be denied because the release agreement was ambiguous regarding the assignment clause, and counterclaims for reformation and restitution were permissible even after the Mazzoni Farms decisio
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764 So. 2d 874·
Fla. 4th DCA·
2000-08-09
A shareholder brought a derivative suit against corporate insiders, who moved for summary judgment arguing the plaintiff was not a shareholder because his stock had been canceled for non-payment. The appellate court reversed, holding that material factual disputes exist regarding
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744 So. 2d 1073·
Fla. 4th DCA·
1999-09-22
The appellate court affirmed the trial court's post-dissolution order on all issues except the crediting of the former husband's equity in the marital residence against the former wife's attorney's fees award, which was remanded for an evidentiary hearing to establish the specifi