Exculpatory Clause

222 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State Farm Fire & Cas. Co. a/s/o Charles M. Wilson v. B & F Marine, Inc.
  520 So. 2d 649· Fla. 3d DCA· 1988-02-23 ·cited 2×
  Florida appellate court reversed summary judgment for boat repair company, holding that a bailee's exculpatory clause for theft must clearly and unequivocally exclude negligence liability to be enforceable, and that a jury question exists on whether the bailee was negligent in al
• Merrill Stevens DRY Dock Co. v. Alvarez
  510 So. 2d 931· Fla. 3d DCA· 1987-06-23 ·cited 2×
  An exculpatory clause in a repair contract relieves a contractor from liability for damages to a vessel caused by the contractor's ordinary negligence in performing repairs, even where the contractor breached its express warranty to repair in a good and workmanlike manner, unless
• Derry Fin. N.V. v. The Christiana Cos., Inc.
  797 F.2d 1210· 3d Cir.· 1986-08-01 ·cited 2×
  The court held that AARK's failure to pay the required cash sum at closing triggered the exculpatory clause in the Christiana recourse notes, relieving Christiana of liability, and that Christiana was not estopped from asserting this defense.
• Lockamy v. Byrne
  474 So. 2d 372· Fla. 1st DCA· 1985-08-13 ·cited 2×
• Isler v. Tex. OIL & GAS Corp.
  749 F.2d 22· 10th Cir.· 1984-11-29 ·cited 2×
  This concurring opinion discusses the ambiguity in Florida Rule of Criminal Procedure 3.510(b) regarding jury instructions on lesser included offenses, particularly when the evidence only supports a greater offense.
• Bernie M. Sullivan v. Bloom
  342 So. 2d 1036· Fla. 4th DCA· 1977-02-18 ·cited 2×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding the parties' intent concerning an exculpatory clause in a promissory note.
• Jeute v. Jarnowski
  393 F.2d 513· 7th Cir.· 1968-03-13 ·cited 2×
  The court held that the validity of an exculpatory clause is a question of fact and not suitable for summary judgment when genuine factual issues exist.
• Celestin v. Emps. Mut. Liab. Ins. Co. of Wis.
  387 F.2d 539· 5th Cir.· 1968-01-03 ·cited 2×
  The court held that an exculpatory clause in a rental agreement for a movable, if properly entered into, can relieve the lessor of liability for injuries caused by defects in the equipment under Louisiana law.
• Stromberg's v. Victor Gruen & Assocs.
  384 F.2d 163· 10th Cir.· 1967-10-19 ·cited 2×
  The court held that the trial court erred in granting summary judgment for the architect and owners-lessors, requiring further proceedings, but properly granted summary judgment for the contractor.
• Nat'l Motels, Inc. v. Johnson
  373 F.2d 375· 4th Cir.· 1967-01-27 ·cited 2×
  The court held that the lease did not exculpate Howard Johnson from liability for damages caused by its own negligence, and that the plaintiff's loss of motel rents was recoverable.
• States Marine Corp. OF Del. v. Victory Carriers, Inc.
  272 F.2d 463· 9th Cir.· 1959-10-22 ·cited 2×
  A time charterer's authority to arrange pilotage does not imply authority to bind the vessel owner to a pilotage clause that exonerates the towing company from liability for pilot negligence.
• Elalouf v. Sch. Bd. of Broward Cnty.
  311 So. 3d 863· Fla. 4th DCA· 2021-01-06 ·cited 1×
  A pre-game release signed by a high school athlete and his parent is unambiguous and enforceable when it clearly releases the school board from liability for any injury or claim resulting from athletic participation, even though the release emphasizes inherent dangers and risks t
• Shoma Coral Gables, LLC v. Gables Invesment Holdings, LLC
  307 So. 3d 153· Fla. 3d DCA· 2020-07-22 ·cited 1×
  The appellate court reversed in part a lower court's judgment on the pleadings, finding that Shoma Coral Gables, LLC sufficiently stated breach of contract claims against Gables Investment Holdings, LLC and Ugo Colombo. However, the court affirmed the judgment on the pleadings fo
• Obsessions in Time v. Jewelry Exch. Venture
  247 So. 3d 50· Fla. 3d DCA· 2018-05-09 ·cited 1×
  An exculpatory clause in a lease agreement is ambiguous and unenforceable when it simultaneously absolves the lessor of all liability for loss or damage while also imposing a duty to exercise ordinary care to prevent unauthorized access to stored items. Exculpatory clauses must b
• Traveler Indem. Co. of Conn. v. Centimark Corp.
  746 F. Supp. 2d 1284· S.D. Fla.· 2010-09-30 ·cited 1×
  The court held that the plaintiff's claims were barred by the applicable statute of limitations because the insured discovered defects in the roofing work more than four years before the lawsuit was filed.
• Marjon v. Lane
  995 So. 2d 1086· Fla. 2d DCA· 2008-11-26 ·cited 1×
  In this interlocutory appeal from a postdissolution order, the court reversed the trial court's dismissal of a former husband's motion to set aside a mediated settlement agreement, holding that an exculpatory clause in the agreement does not bar claims of fraud, duress, or coerci
• Borden v. Phillips
  752 So. 2d 69· Fla. 1st DCA· 2000-02-16 ·cited 1×
  In this wrongful death action arising from a scuba diving accident, the Florida appellate court affirmed summary judgment for the defendants, holding that federal admiralty law does not void the liability release because the decedent's death resulted solely from scuba diving acti
• Plaintiff v. Outlander Gamma
  Del. Ch.· 2025-10-24
  The Delaware Court of Chancery held that a member of a limited liability company is entitled to inspect the LLC's member list when the LLC agreement does not explicitly limit this right and the member demonstrates proper purposes for inspection, such as communicating with other m
• Horsman v. Cooney
  M.D. Fla.· 2025-04-08
  The court held that Blue Sand Capital LLC must be dismissed as a party because it is dissolved and canceled, and that Patrick Horsman lacks standing to bring certain claims as he was neither a member nor an economic interest owner. The court also dismissed claims added without le
• Flying Panda Fla., LLC v. Rutherford
  Fla. 5th DCA· 2024-02-23
  The appellate court reversed a trial court's decision that deemed an exculpatory waiver void, finding that the validity of the waiver should have been decided by an arbitrator, not the trial court. The court emphasized that challenges to the contract as a whole, rather than speci
• Williams v. 3rd Home Ltd.
  M.D. Fla.· 2023-09-26
  Shareholders Williams and Arona sued 3rd Home Limited and its founder Wade Shealy seeking to wind up the corporation, recover damages for breach of fiduciary duty, and obtain appointment of a receiver. The court granted summary judgment for defendants, holding that the shareholde
• Pearson v. Deutsche Bank AG
  S.D. Fla.· 2023-04-22
  The court held that the agency agreements did not establish a fiduciary relationship between the parties, and therefore granted judgment as a matter of law on the breach of fiduciary duty claim.
• THE Est. of Nicholas Adam Blakely v. Stetson Univ., Inc.
  Fla. 5th DCA· 2022-12-30
  An exculpatory clause in an athletic participation release is unenforceable when it fails to expressly state that the signatory is waiving the right to sue for the defendant's negligence, especially when combined with language requiring compliance with the defendant's instruction
• Harrell v. BMS P'rs, LLC
  Fla. 4th DCA· 2022-11-02
  The appellate court reviewed a trial court's dismissal of a lawsuit based on an exculpatory clause in a motorcycle sales contract. The court affirmed the dismissal of negligence claims but reversed the dismissal of strict products liability claims, finding the clause did not appl
• Metro Storage Int'l LLC v. Harron
  Del. Ch.· 2022-05-04
  The Delaware Court of Chancery found that James Harron breached his fiduciary duty of loyalty to Metro International and Metro LATAM by engaging in extensive outside consulting work, failing to disclose it, usurping a financing opportunity, and misusing confidential information.
• Kuhl
  S.D. Fla.· 2022-03-28
  Exculpatory clauses in a marina agreement are enforceable against affiliates when the term 'affiliate' has a clear, ordinary meaning and the intent to limit liability is unequivocal.
• Lee v. Frost
  S.D. Fla.· 2021-08-31
  Shareholders of OPKO Health, Inc. sued derivatively on behalf of the company, alleging that the board of directors breached their fiduciary duties and violated federal securities laws by allegedly engaging in discriminatory practices in board and executive hiring while making mat
• In re Metlife Inc. Derivative Litig. Consol. C.A. No. 2019-0452- SG
  Del. Ch.· 2020-08-17
  The Delaware Court of Chancery granted the defendants' motion to dismiss a derivative action, finding that the plaintiffs failed to plead with particularity that demand on the board of directors was futile. The court concluded that the allegations did not establish a substantial
• Entourage Custom Jets, LLC v. Air One MRO, LLC
  S.D. Fla.· 2020-05-08
  The court held that genuine issues of material fact preclude summary judgment on claims involving contract interpretation, delegation of security duties, caveat lessee, and insurance coverage.
• Savoia v. Fitness Int'l, LLC
  Fla. 4th DCA· 2019-12-18
  Summary judgment was improper because genuine issues of material fact remain regarding whether the defendant prevented the plaintiff from reading the exculpatory clause or induced him not to read it through misrepresentation about the contract's scope. A party may defend against
• Kurlander v. Kaplan
  M.D. Fla.· 2019-08-21
  The court abstained from deciding the dissolution claim and dismissed the breach of fiduciary duty and declaratory judgment claims without prejudice, finding insufficient allegations to overcome the business judgment rule or exculpatory clauses at the dismissal stage.
• Casasanta v. Sailshare 296 LLC
  274 So. 3d 418· Fla. 1st DCA· 2019-04-16
  Appellant challenged summary judgment orders favoring property owners in a negligence action arising from a collapsed picket fence. The court affirmed the summary judgment, holding that the exculpatory clause in the residential lease unambiguously relieved the defendants of liabi
• Casasanta v. Sailshare 296 LLC
  Fla. 1st DCA· 2018-12-27
  Appellant challenges summary judgment orders granted in favor of property owner and manager, arguing an exculpatory clause in a residential lease agreement was ambiguous and unenforceable. The court affirmed summary judgment, holding the exculpatory clause was sufficiently clear
• In re the Name Change of Ronald Russell Johnson Vs
  259 So. 3d 133· Fla. 4th DCA· 2018-11-21
  When a trial court denies a facially sufficient name change petition, it must set forth the factual basis for the denial in its order, and a trial court must allow court reporting of proceedings upon request.
• Philip Morris USA Inc. v. Skolnick
  171 So. 3d 747· Fla. 4th DCA· 2015-07-15
  In this tobacco liability case arising from an Engle progeny action, the court held that a prior settlement and covenant not to sue from a 2004 New York environmental lawsuit barred the plaintiff's strict liability and negligence claims against tobacco companies, but did not bar
• Se. Pa. Transp. Auth. v. C.A. No. 10374-VCG Abbvie Inc.
  Del. Ch.· 2015-04-15
  The Delaware Court of Chancery denied stockholders' demands for inspection of corporate books and records under Section 220 of the Delaware General Corporation Law. The court found that the stockholders failed to demonstrate a proper purpose for their inspection demands, as they
• Cortes v. Honeywell Bldg. Solutions SES Corp.
  S.D. Fla.· 2014-08-12
  The court held that the plaintiffs' negligence and gross negligence claims were sufficiently pleaded to survive a motion to dismiss, and the FPL Tariff did not bar these claims.
• Give Kids THE World, Inc. v. Sanislo
  125 So. 3d 790· Fla. 5th DCA· 2012-05-11
  Give Kids the World, Inc. appeals the denial of summary judgment based on a liability release signed by parents of an ill child whose mother was injured at the organization's resort village. The court reverses, holding that the release's language was clear and unambiguous and enf
• In & for New Castle Cnty. Data Mgmt. Internationalé, Inc.
  Del. Super. Ct.· 2007-07-25
  The court held that a tenant may bring a conversion claim alongside a breach of contract claim if the landlord breached an independent duty imposed by law, and that an exculpatory clause in a commercial lease will not shield a landlord from liability for intentional torts. Theref
• In & for New Castle Cnty. Wilmington Tr. Co. v. C.A. No. 02C-05-138-FSS Politzer & Haney, Inc.
  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
• In & for New Castle Cnty. Cal. Pub. Emps'.
  Del. Ch.· 2002-05-28
  The Court of Chancery granted in part and denied in part defendants' motions to dismiss. Demand was excused for certain derivative claims, including entrenchment and the CEI acquisition, based on the Aronson test's prongs of director disinterest/independence and the validity of b
• PT Indonesia Epson Indus. v. Orient Overseas Container Line, Inc.
  219 F. Supp. 2d 1265· S.D. Fla.· 2002-05-17
  The court denied plaintiffs' motion for summary judgment, finding a genuine issue of material fact regarding the driver's potential involvement in the cargo hijacking, which impacts the applicability of COGSA's exceptions.
• PT Indonesia Epson Indus. v. Orient Overseas Container Line, Inc.
  208 F. Supp. 2d 1334· S.D. Fla.· 2002-05-15
  The court denied the plaintiffs' motion for summary judgment, finding a genuine issue of material fact regarding the driver's potential involvement in the cargo's loss.
• BellSouth Telecomms., Inc. v. Kerrigan
  55 F. Supp. 2d 1314· N.D. Fla.· 1999-05-28
  The court held that genuine issues of material fact remain regarding whether BellSouth provided proper notice before disconnecting service, thus denying BellSouth's motion for summary judgment on the counterclaim. The court also found that the interpretation of 'nonrecurring char
• Gambino v. Music Television, Inc.
  932 F. Supp. 1399· M.D. Fla.· 1996-07-01
  An exculpatory clause in a registration form for a sports festival is enforceable and bars a participant's claim for injuries resulting from negligence, provided the clause is clear and the alleged misconduct is not willful or wanton.
• Metz v. Indep. Tr. Corp.
  994 F.2d 395· 7th Cir.· 1993-06-02
  A trustee is not liable for a transaction authorized by the beneficiary, even if it violates the Internal Revenue Code, especially when the beneficiary explicitly represented it was not a prohibited transaction and indemnified the trustee.
• Lakeland Storage Assocs. v. Pub. Storage Mgmt., Inc.
  984 F.2d 268· 8th Cir.· 1993-01-27
  The court held that the exculpatory clause in the management agreement barred claims for anything other than willful misconduct or gross negligence.
• Resolution Tr. Corp. v. M & L Invs.
  984 F.2d 190· 7th Cir.· 1993-01-11
  The court held that M & L Investments signed the promissory note in a representative capacity on behalf of Golden Pancake, not as a co-maker, and that the exculpatory clause meant partners signed without individual recourse.
• Audrey Ann Allison aka Mrs. Willard Allison v. Nationwide Mut. Ins. Co.
  964 F.2d 291· 3d Cir.· 1992-05-21
  The court held that the policy's exclusions for 'injury' do not extend to 'loss resulting from injury,' and therefore the insurer was liable for the death benefit.
• Edwards v. Honeywell, Inc.
  960 F.2d 673· 7th Cir.· 1992-04-03
  The court held that the district court erred in granting summary judgment on grounds not adequately presented or responded to by the non-moving party.