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S.D. Fla.·
2021-04-23
The court denied the defendants' motion to dismiss, finding that the plaintiffs had adequately stated claims for breach of contract, tortious interference, and other causes of action, and that the claims were ripe and properly pleaded.
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Fla. 4th DCA·
2021-04-21
A father appeals a trial court's denial of his motion to dismiss for forum non conveniens in a child support action filed by the mother in Broward County, Florida. The appellate court reversed, holding that the trial court abused its discretion by failing to analyze the four Kinn
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S.D. Fla.·
2021-04-12
Dominican Republic sugar company Central Romana and its U.S. parent corporation Fanjul allegedly forcibly evicted Dominican families from their homes in 2016, and the plaintiffs sued in federal court claiming violations of international human rights law and domestic tort law. The
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Fla. 4th DCA·
2021-04-08
A court may not transfer venue under section 47.122, Florida Statutes, based solely on a desire to conserve judicial resources or reduce its docket; transfer is warranted only upon evidence of inconvenience to parties or witnesses or interests of justice.
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Del. Super. Ct.·
2021-04-07
The Delaware Superior Court denied the defendant's motion to dismiss, finding that the plaintiff's claims were properly brought in Delaware under the Unit Asset Purchase Agreement's (UAPA) forum selection clause, which also waived forum non conveniens arguments. The court also he
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319 So. 3d 132·
Fla. 3d DCA·
2021-03-31
A trial court does not abuse its discretion in dismissing a case for forum non conveniens against a Florida defendant when the injury occurred in a foreign country, witnesses and evidence are located there, and the defendant cannot compel third-party defendants answerable only to
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M.D. Fla.·
2021-03-30
The court held that a forum selection clause in a Stocking Agreement did not apply to the plaintiff's claims, and therefore, the case would not be transferred to the designated forum, despite the clause applying to the defendant's counterclaims.
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Fla. 4th DCA·
2021-03-24
A trial court lacks authority to sua sponte dismiss an action for improper venue when the defendant has waived the venue defect through consent and failed to raise improper venue as an affirmative defense.
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M.D. Fla.·
2021-03-19
The court held that it had specific personal jurisdiction over the defendant because the defendant's alleged tortious acts, committed via websites offering infringing products, caused injury within Florida to a Florida-based plaintiff, satisfying the state's long-arm statute and
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S.D. Fla.·
2021-03-15
The court held that The Bahamas is an adequate and available alternative forum, and the private interest factors weigh in favor of dismissal, granting the defendants' motions to dismiss on the grounds of forum non conveniens.
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Del. Ch.·
2021-02-10
The Delaware Court of Chancery denied the motion to dismiss the claims arising under the LLC Agreements but granted a stay of the claims arising under the Employment Agreement, deferring to the identical litigation pending in Louisiana. The court found that the Louisiana action w
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Fla. 3d DCA·
2021-02-03
A mandatory forum selection clause in an online escrow agreement is valid and enforceable where the clause is prominently displayed and readily available for review, and the party had notice of its existence through emails and the website interface. Claims for fraud in the induce
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M.D. Fla.·
2021-01-25
A judge is entitled to judicial immunity for actions taken in a judicial capacity, even if those actions are later vacated for lack of subject matter jurisdiction.
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Del.·
2021-01-12
The Delaware Supreme Court affirmed the Superior Court's order denying the plaintiffs' motion to vacate a prior dismissal order. The Court held that the plaintiffs failed to demonstrate extraordinary circumstances justifying relief under Rule 60(b)(6) and that their motion was un
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M.D. Fla.·
2020-12-11
The court denied the defendant's motion to dismiss, finding that the forum selection clause in the settlement agreement did not apply and that the plaintiffs had sufficiently stated claims for breach of contract, violation of the Defend Trade Secrets Act, and violation of the Flo
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Del. Ch.·
2020-11-23
The Court recommends denying the plaintiff's motion to stay the Delaware action on forum non conveniens grounds, finding that the Maryland action does not constitute a prior pending action and that the Cryo-Maid factors weigh against a stay. The Court also recommends denying the
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S.D. Fla.·
2020-11-20
The court held that the second amended complaint properly alleged joint liability, satisfying the amount-in-controversy requirement for diversity jurisdiction, and that transfer of venue to Arizona was not warranted under the circumstances.
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Del. Super. Ct.·
2020-10-29
The Court denied the defendant's motion to dismiss, finding that the "first-filed" doctrine did not apply due to the contemporaneous and anticipatory nature of the Connecticut action. The Court granted in part and deferred in part the plaintiff's motion for partial summary judgme
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S.D. Fla.·
2020-09-15
The court granted the defendants' motions to transfer the case to the Central District of California, finding that the balance of the nine statutory factors weighed in favor of transfer. The court determined that the convenience of the numerous California-based witnesses, the loc
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Fla. 3d DCA·
2020-09-09
The appellate court reversed a lower court's order denying a mother's motion to dismiss a paternity petition, finding that the trial judge improperly altered her oral ruling in the written order after a legally sufficient motion to disqualify was filed. The case was remanded for
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Fla. 3d DCA·
2020-09-02
The appellate court reversed a lower court's decision, holding that a Puerto Rican company did not have sufficient minimum contacts with Florida to be subject to personal jurisdiction there. The case involved a contract dispute where the plaintiff, a Florida company, argued juris
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Fla. 4th DCA·
2020-08-26
Paul Varchetti appeals the trial court's denial of his motion to change venue to Michigan on forum non conveniens grounds, which was rejected as untimely under Florida Rule of Civil Procedure 1.061(g). The appellate court reversed, holding that Rule 1.061(g) does not apply to fam
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306 So. 3d 1086·
Fla. 3d DCA·
2020-08-12
The appellate court affirmed the trial court's dismissal of a lawsuit based on the doctrine of forum non conveniens. The court found that Utah was a more convenient and appropriate forum for the dispute, given the parties' connections and the existence of a related case already p
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S.D. Fla.·
2020-08-10
Grape Stars International, Inc., a Florida corporation, sued Canadian defendants nVentive and François Tanguay in federal court in Florida for claims arising from a failed business relationship for app development, including breach of contract, trade secret misappropriation, and
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Fla. 3d DCA·
2020-08-05
The appellate court affirmed the dismissal of a lawsuit based on the doctrine of forum non conveniens and a mandatory forum selection clause. The court found no abuse of discretion in the lower court's decision to dismiss the case in favor of litigation in Germany.
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Fla. 3d DCA·
2020-07-29
The appellate court affirmed the trial court's denial of a motion to dismiss a personal injury lawsuit based on forum non conveniens. The court found no abuse of discretion in the trial court's decision, upholding the plaintiff's choice of forum.
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S.D. Fla.·
2020-07-22
The court held that the plaintiff failed to adequately plead the amount in controversy for diversity jurisdiction as to DAS and granted leave to amend, but found venue proper for DAS.
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Fla. 3d DCA·
2020-07-22
The appellate court granted a writ of prohibition to disqualify a trial judge from presiding over child custody proceedings. The court found that the motion to disqualify was legally sufficient due to the judge's alleged disparaging remarks about the mother's attorney, which coul
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S.D. Fla.·
2020-07-20
A mandatory forum-selection clause in an agreement dictates venue, and the plaintiff bears the burden to show why dismissal is not warranted despite the clause.
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306 So. 3d 171·
Fla. 3d DCA·
2020-06-03
The appellate court affirmed a lower court's denial of Damicet Corporation's motions to dismiss a lawsuit. Damicet argued lack of personal jurisdiction and forum non conveniens, but the court found sufficient contacts with Florida and no abuse of discretion in denying the forum n
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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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Fla. 3d DCA·
2020-05-13
The appellate court affirmed the trial court's dismissal of a case based on forum non conveniens. The court found that the trial court did not abuse its discretion in determining that Mexico was an adequate alternative forum, despite the plaintiffs' claims of fear for their safet
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Fla. 3d DCA·
2020-05-13
The appellate court affirmed the trial court's dismissal of the case based on forum non conveniens. The court found that Mexico was an adequate alternative forum for the litigation, and the trial court did not abuse its discretion in granting the motion to dismiss.
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Fla. 3d DCA·
2020-05-06
The appellate court reversed a trial court's decision, finding that the plaintiff failed to establish personal jurisdiction over the German shipbuilder. The court held that the plaintiff did not provide sufficient evidence to refute the shipbuilder's sworn declaration contesting
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Del. Super. Ct.·
2020-05-04
The court granted the motion for reargument, withdrew its prior opinion, and issued a substitute opinion. The court granted a stay of proceedings for ninety days, rather than dismissal, to allow the plaintiff to pursue litigation in California state court or another appropriate t
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305 So. 3d 634·
Fla. 3d DCA·
2020-04-29
The appellate court affirmed the probate court's order appointing the ward's daughter as limited guardian. The ward argued that conflicts of interest, including a restraining order and a foreclosure suit, should have precluded her appointment.
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Del. Ch.·
2020-03-04
The Court of Chancery dismissed the landowner's action for abatement and declaratory relief, finding that the claims were substantially similar to those already pending before the Sussex County Board of Adjustment. The court applied the doctrine of forum non conveniens, granting
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S.D. Fla.·
2020-02-27
St. Martinus University, a Curaçao-based educational institution, sued Caribbean Health Holding and its members for fraud, embezzlement, and other torts related to disputed membership interests in the university and allegedly fabricated promissory notes, as well as misappropriate
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Fla. 3d DCA·
2020-02-26
The Federal Deposit Insurance Corporation (FDIC), as receiver for a failed bank, appealed a dismissal of its breach of contract action, which was based on the statute of limitations. The appellate court affirmed the dismissal, finding that the FDIC failed to preserve its statute
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M.D. Fla.·
2020-01-30
The court held that venue was improper because the defendant resided in North Carolina and no substantial part of the events giving rise to the claim occurred in Florida, warranting dismissal.
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Fla.·
2020-01-30
The Court amended Rule 9.130 to make permanent guardianship orders for dependent children appealable as nonfinal orders and amended Rule 9.200 to allow parties to obtain unredacted appellate records by request or standing agreement without requiring separate court orders.
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Fla.·
2020-01-23
The Florida Supreme Court amended Rule of Appellate Procedure 9.130 to expand appellate review of nonfinal orders. Specifically, the rule now allows appeals of orders that deny motions asserting sovereign immunity, federal civil rights immunity, or immunity under section 768.28(9
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S.D. Fla.·
2020-01-02
The court held that the Northern District of Texas was an improper venue and, alternatively, that the Southern District of Florida was a more convenient venue, warranting a transfer.
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Fla. 2d DCA·
2019-12-27
The appellate court affirmed a trial court's decision to transfer venue in a domestic violence petition. The court found that despite the petitioner's choice of forum, the interest of justice and judicial economy favored transferring the case to the county where all prior and ong
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Fla. 2d DCA·
2019-12-27
The appellate court affirmed a trial court's decision to transfer a domestic violence petition from Hillsborough County to Pasco County. The court found that despite the petitioner's choice of forum, the strong connection of all prior and ongoing litigation between the parties in
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M.D. Fla.·
2019-12-11
The court held that the crossclaim sufficiently stated a claim for common law indemnification and that the doctrine of forum non conveniens did not apply.
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S.D. Fla.·
2019-12-03
The court held that the first-to-file rule applies, warranting transfer of the case to the Southern District of Indiana.
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Del. Ch.·
2019-11-26
The Court of Chancery has subject matter jurisdiction over the plaintiffs' claims, as foreign laws do not unilaterally divest American courts of jurisdiction and the claims are transitory in nature. Personal jurisdiction is established through enforceable forum selection clauses
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Fla. 3d DCA·
2019-11-20
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S.D. Fla.·
2019-11-18
The plaintiff's putative class action alleging that Sandals Resorts fraudulently retained portions of government taxes collected from guests was dismissed based on a valid, enforceable forum-selection clause that required disputes related to resort stays to be litigated exclusive