-
240 So. 3d 885·
Fla. 2d DCA·
2018-03-23
The State appealed the dismissal of a juvenile delinquency case for battery after the trial court determined it lacked jurisdiction when T.A.K.'s probation expired. The court affirmed the dismissal, holding that the State failed to properly initiate revocation proceedings because
-
2014 WL 6734821·
Del. Super. Ct.·
2017-05-11
The Court denied the postconviction relief motions filed by eight defendants based on alleged misconduct at the Office of the Chief Medical Examiner (OCME). The Court found that defendants who pleaded guilty waived their right to Brady impeachment evidence, and their pleas were k
-
Del. Ch.·
2017-05-11
The court granted the defendants' motion to dismiss, finding that the plaintiff's claims for breach of fiduciary duty and aiding and abetting were barred by laches. The court determined that the plaintiff's tolling arguments were an impermissible collateral attack on a prior arbi
-
Del. Ch.·
2016-11-29
The Court of Chancery Master recommended denying the motion to dismiss filed by the attorney-in-fact (Kem). The Master found that the brother's (Dean) 2016 petition should be treated as an amendment to his 2012 counterclaim, relating back to the original filing date. The Master a
-
Del. Ch.·
2016-08-17
The Court of Chancery granted in part and denied in part the motion to dismiss counterclaims. Portions of the counterclaims were dismissed as time-barred by the statute of limitations and laches, and one counterclaim for breach of a cooperation clause in a separation agreement fa
-
Del. Super. Ct.·
2016-05-18
The Delaware Superior Court granted summary judgment for the defendants, finding that the plaintiffs' claims were time-barred by the statute of limitations. The court determined that the plaintiffs were on inquiry notice of their claims on or before the date of settlement, July 1
-
Del. Ch.·
2016-05-05
The court granted the defendants' motion to dismiss, finding that the plaintiffs' claims were time-barred by the applicable statutes of limitations and that no tolling doctrines applied. The court determined that the plaintiffs were aware of the alleged wrongful acts by 2005 at t
-
Del. Super. Ct.·
2016-04-07
The court held that summary judgment should be granted in favor of the State of Delaware defendants on the plaintiff's federal ADA claims due to Eleventh Amendment sovereign immunity. The court also granted summary judgment for the state's PWDEPA claims against DelDOT as time-bar
-
S.D. Fla.·
2016-03-23
The court held that the plaintiff failed to file her complaint within the 90-day period required by Title VII, even considering the EEOC's mailing errors, because she had actual knowledge that the investigation had concluded.
-
2016 U.S. Dist. LEXIS 27256·
M.D. Fla.·
2016-03-03
The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
-
Del. Super. Ct.·
2016-02-29
The court denied Viacom's motion to dismiss, finding that the plaintiff's claims were not barred by res judicata or the statute of limitations. The court determined that the plaintiff's claims were either not ripe during the prior litigation or were based on facts that were unkno
-
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
-
Del. Ch.·
2014-07-24
The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims related to the ABA's initial adoption as an anti-takeover device and certain disclosure claims in prior proxy statements due to laches or lack of damages. Claims
-
144 So. 3d 561·
Fla. 2d DCA·
2014-06-20
Olean Medical Condominium Association appeals a trial court judgment that awarded damages to unit owner Dr. Azima for roof repairs following Hurricane Charley in 2004, despite Olean raising a statute of limitations defense. The court reversed, holding that the trial court erred b
-
M.D. Fla.·
2014-06-13
The court held that the Slaters' first Proof of Loss, submitted on August 27, 2012, was timely under the 60-day deadline, calculated using Rule 6(a) of the Federal Rules of Civil Procedure, regardless of whether the loss date was June 26, 27, or 28, 2012.
-
133 So. 3d 1078·
Fla. 4th DCA·
2014-01-22
The court reversed the Office of Financial Regulation's final order imposing a $48,000 fine and remanded for consideration of whether equitable tolling applies to the appellants' late request for an administrative hearing.
-
849 F. Supp. 2d 1190·
S.D. Fla.·
2013-12-30
The court held that the plaintiff lacked standing to challenge the city's zoning ordinance definition of 'adult entertainment establishment' because it failed to demonstrate an actual or imminent injury, redressability, or traceability. Consequently, the court declined supplement
-
Del. Ch.·
2013-12-20
The court granted the motion for judgment on the pleadings as to the Class Claims resting on purchases made shortly before the public announcement of the American Baby Sale, finding that the underlying "Brophy" claim was barred by laches because the plaintiffs were on inquiry not
-
Del. Ch.·
2013-11-27
The Court of Chancery granted in part and denied in part ENI's motion to dismiss KBR's amended counterclaim. The court held that parties can contractually agree to shorter limitations periods, and a survival clause can create such a period. Claims based on non-fundamental represe
-
836 F. Supp. 2d 677·
M.D. Fla.·
2013-10-10
The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
-
832 F. Supp. 2d 1138·
M.D. Fla.·
2013-09-19
The court held that most of the defendant's counterclaims and third-party claims were properly dismissed for failure to state a claim or due to res judicata and statute of limitations.
-
1991 WL 327592·
S.D. Fla.·
2013-09-05
The court held that Lopez's common law bad faith claim is dismissed as it does not exist in Florida, and her statutory bad faith claim is barred by the statute of limitations and failure to file a proper Civil Remedy Notice.
-
1990 WL 179901·
M.D. Fla.·
2013-03-30
The court held that personal jurisdiction over Chrysler Canada exists under Florida's long-arm statute and comports with due process, and that the statute of limitations issue requires further factual development.
-
Del. Ch.·
2013-03-26
The Court of Chancery granted summary judgment for the defendant, holding that the plaintiffs' claims were barred by the equitable doctrine of laches. The court found that the plaintiffs had knowledge of their claim, unreasonably delayed in bringing the lawsuit, and that the dela
-
521 F. Supp. 2d 895·
S.D. Fla.·
2013-02-25
The court held that equitable tolling does not apply because the plaintiff failed to demonstrate any fault or inequitable conduct by the defendant that prevented a timely federal filing.
-
Del. Super. Ct.·
2013-02-15
The Court denied the Defendant's Motion to Dismiss. The Court found that the choice-of-law provision in the agreement dictated Delaware law. The Court also found that the Plaintiff's claims were not barred by the statute of limitations due to tolling doctrines, specifically the d
-
1989 WL 133746·
M.D. Fla.·
2013-01-23
The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.
-
462 F. Supp. 2d 360·
M.D. Fla.·
2012-12-21
A subrogated insurer's claim under the Federal Tort Claims Act is barred if the insured failed to file an administrative claim within the statutory period, and equitable tolling is generally not applicable to such claims.
-
Del. Ch.·
2012-08-07
The Court of Chancery denied Morgan Stanley's motion to dismiss the claims related to the Original Loans, adhering to the Delaware Supreme Court's prior ruling. However, the court granted Morgan Stanley's motion to dismiss the claims related to the New Loans (including New Agency
-
699 F. App'x 569·
M.D. Fla.·
2012-07-16
The Court held that Karla M. Rodriguez-Colon's forfeiture claim was untimely and that she lacked standing as an unsecured creditor to contest the forfeiture.
-
701 F. App'x 408·
M.D. Fla.·
2012-06-28
-
Del. Ch.·
2012-04-27
The court granted the motion to dismiss, holding that Microsoft lacked standing to bring derivative claims because it failed to obtain leave from the British Virgin Islands High Court as required by BVI law. The court also dismissed Microsoft's direct claims as time-barred by the
-
817 F. Supp. 2d 1345·
S.D. Fla.·
2011-10-07
The court held that summary judgment is granted for the defendants because the plaintiff failed to present evidence supporting her claims and several claims were time-barred.
-
Del. Ch.·
2011-07-11
The Court of Chancery granted the defendant's motion to dismiss a breach of contract claim, holding that the plaintiff's claim was time-barred by the contract's "Survival Clause." The clause limited the survival of the "Design Representations" and the "sole and exclusive remedy"
-
60 So. 3d 469·
Fla. 3d DCA·
2011-04-13
Plinio Gonzalez appeals the Florida Department of Financial Services' revocation of his insurance license based on alleged fraud and misrepresentation. The court affirms the revocation, holding that Gonzalez's untimely filing of his administrative hearing request—two days late du
-
740 F. Supp. 2d 1317·
S.D. Fla.·
2010-09-15
Scott sought to vacate his sentence as a career offender under 28 U.S.C. § 2255, arguing that his prior conviction for carrying a concealed firearm did not qualify as a crime of violence. The district court held that although Scott's motion was untimely filed under the AEDPA's on
-
727 F. Supp. 2d 1354·
S.D. Fla.·
2010-07-20
The court held that the plaintiff's lawsuit was time-barred by the cruise ticket contract's one-year limitations period and that equitable tolling did not apply.
-
38 So. 3d 815·
Fla. 5th DCA·
2010-06-18
Hannah appeals the dismissal of her personal injury negligence lawsuit against Olivo for failure to timely effect service of process. The Fifth District reversed, holding that defective service made within the applicable time period does not warrant dismissal, as the service rule
-
32 So. 3d 722·
Fla. 5th DCA·
2010-04-09
The Florida Department of Financial Services imposed an eighteen-month suspension of Seavor's insurance license after she failed to timely file a petition for an administrative hearing on alleged statutory violations. The court affirmed the dismissal of her petition and denial of
-
Del. Ch.·
2010-03-03
The Court denied the defendants' motion to dismiss the shareholder derivative complaint. The Court found that the complaint adequately pleaded demand futility, as the directors faced a substantial threat of personal liability due to their involvement in insider trading and a comp
-
Del. Ch.·
2009-08-18
The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiff lacked standing to pursue derivative claims due to a merger, that the board of directors was entitled to the protection of the business judgment rule and satisfied its Revlon duties, and t
-
15 So. 3d 806·
Fla. 4th DCA·
2009-07-22
Emilio Blaisdell appealed a decision denying him unemployment benefits after his employer PDQ Internet Auctions LLC filed a late appeal. The court held that the employer's appeal was untimely under Florida Statute section 443.151(4)(b)1, which provides a 20-day deadline from the
-
609 F. Supp. 2d 1321·
S.D. Fla.·
2009-04-21
The court held that the statute of limitations for filing a forfeiture complaint should be equitably tolled because the government acted in good faith when it rejected the claimant's initial verified claim.
-
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
-
988 So. 2d 1199·
Fla. 3d DCA·
2008-08-13
The court held that the doctrine of equitable tolling applies, excusing Garcia's failure to respond and attend a hearing due to the DBPR's misleading conduct.
-
555 F. Supp. 2d 1350·
S.D. Fla.·
2008-05-27
The court held that genuine issues of material fact exist regarding whether the plaintiff is entitled to equitable tolling of the FTCA statute of limitations, thus denying the defendant's motion for summary judgment on that ground.
-
558 F. Supp. 2d 1233·
M.D. Fla.·
2008-04-04
Wilson Osorio petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his conviction for third-degree murder and sentence of 207.75 months imposed by a Florida trial court. The district court dismissed the petition as time-barred under the Antiterrorism an
-
977 So. 2d 697·
Fla. 1st DCA·
2008-03-18
Suelter appealed an administrative order dismissing her pension petition, but the appeal was filed more than 30 days after the order was rendered. The court dismissed for lack of jurisdiction because Suelter's post-judgment motion for reconsideration did not toll the appeal deadl
-
Del. Ch.·
2008-02-25
The Court of Chancery dismissed the fraud and breach of contract claims as barred by the statute of limitations, finding that the plaintiffs failed to establish grounds for tolling under either fraudulent concealment or equitable tolling. The court held that the plaintiffs, as so
-
Del. Ch.·
2007-10-17
The amended complaint is dismissed as time-barred. Claims challenging actions taken pursuant to a contract formed in 1986 accrue at the time of the contract's formation, not when the effects of those terms are felt. Plaintiffs failed to plead facts demonstrating equitable tolling