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S.D. Fla.·
2019-11-04
The court held that a forum selection clause was valid and enforceable, requiring dismissal of the case under the doctrine of forum non conveniens.
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Fla. 3d DCA·
2019-10-30
The appellate court reversed a trial court's order transferring a case between Florida counties, finding the trial court incorrectly applied a forum non conveniens analysis. The case was remanded for reconsideration under the proper statutory standard for intrastate venue transfe
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M.D. Fla.·
2019-10-23
The court held that a forum selection clause in a franchise agreement is enforceable, and the case should be transferred to the Middle District of Florida pursuant to 28 U.S.C. § 1404(a).
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Fla. 4th DCA·
2019-10-16
A trial court abuses its discretion in denying a forum non conveniens motion when the order does not show consideration of the Kinney factors required by Florida Rule of Civil Procedure 1.061.
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Del. Super. Ct.·
2019-09-30
The court granted the defendant's motion to dismiss, finding that the plaintiff's claims were time-barred under California's one-year statute of limitations, as applied through Delaware's Borrowing Statute and California's Savings Statute. Additionally, the court dismissed the ca
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S.D. Fla.·
2019-09-23
The court granted in part and denied in part the defendant's motion for sanctions, compelling the plaintiff to complete her deposition and awarding attorney's fees, while denying dismissal. The court also denied the plaintiff's motion to transfer venue.
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S.D. Fla.·
2019-09-20
The court held that the defendant failed to meet its burden to dismiss the case on forum non conveniens grounds, and that the plaintiff has standing to bring its claims.
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Fla. 4th DCA·
2019-08-28
A trial court errs in exercising general jurisdiction over a foreign corporation based solely on the corporation maintaining an office and conducting regular business in the state without determining whether those contacts are so continuous and systematic as to render the corpora
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S.D. Fla.·
2019-08-28
A valid and enforceable forum-selection clause in a customer agreement dictates the exclusive venue for actions related to the subject matter of the agreement, requiring transfer to the specified forum.
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Fla. 4th DCA·
2019-07-03
A circuit court cannot close a case or transfer venue without providing notice and an opportunity to be heard to the affected parties.
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Del. Fam. Ct.·
2019-04-08
The court modified the prior custody order, granting Father primary residence of the child, while maintaining joint legal custody. The court gave significant weight to the mature child's expressed wishes to live with his father due to a strained relationship with his mother and h
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273 So. 3d 1065·
Fla. 3d DCA·
2019-04-03
A court lacks personal jurisdiction over a nonresident defendant who has insufficient minimum contacts with Florida and where the plaintiff fails to establish that the actionable tort was committed in the state.
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Del. Ch.·
2019-03-26
The Court of Chancery lacks subject matter jurisdiction over Takeda's claims for declaratory relief and an anti-suit injunction because Takeda has an adequate remedy at law by asserting its purported license as a defense in the ongoing European patent infringement litigation. The
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Del. Super. Ct.·
2019-03-21
The Delaware Superior Court granted the defendant's motion to stay the declaratory judgment action in favor of a pending Mississippi federal court action. The court found that the Delaware action was not entitled to deference as the first-filed action because it was filed in anti
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Del. Super. Ct.·
2019-03-21
The Delaware Superior Court granted Wilmington Trust's motion to stay the Delaware Declaratory Judgment Action in favor of a pending Mississippi federal court action. The court found that the Delaware action was not entitled to deference as the first-filed action because it was f
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Del. Ch.·
2018-12-04
The court granted Terramar's motion in limine, precluding the Trust from introducing any documents produced after the Rule 30(b)(6) deposition. The court also awarded Terramar the expenses incurred in bringing the motion. The court found that the Trust's pattern of serial delay t
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260 So. 3d 341·
Fla. 3d DCA·
2018-09-11
Florida appellate court dismissed appeal for lack of jurisdiction because the trial court's order dismissing the complaint did not address forum non conveniens or venue issues, making it a non-final, non-appealable order.
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253 So. 3d 708·
Fla. 3d DCA·
2018-08-08
Claudia Rosana Villafane and her companies appealed a trial court's order denying their motion to dismiss Diego Armando Maradona's fraud and conversion complaint based on forum non conveniens. Maradona, Villafane's ex-husband, alleged she misappropriated his funds while managing
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Del. Ch.·
2018-07-02
The Court denied the defendants' motion to dismiss, finding that the forum selection clause in the limited partnership agreement was permissive, not mandatory. However, the Court stayed the Delaware action in favor of a nearly identical action pending in Kentucky, deeming the act
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Del. Super. Ct.·
2018-06-20
The court held that the forum selection clause in the hotel registration card was valid and enforceable, requiring the dispute to be litigated in Mexico. Consequently, the plaintiffs' discovery request was denied as they failed to advance a non-frivolous legal argument that would
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Del. Ch.·
2018-04-16
The Court of Chancery granted the motion to dismiss, finding it lacked subject matter jurisdiction over claims concerning the inventory and distribution of a foreign estate, and lacked personal jurisdiction over the defendant Johny Jacobo Czarninski Baier. Furthermore, even if ju
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Del.·
2018-03-22
The Delaware Supreme Court held that an available alternative forum is a factor to be considered in a forum non conveniens analysis, but not a threshold requirement for dismissal. The Court affirmed the Superior Court's dismissal of the case, finding that the trial court properly
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230 So. 3d 1164·
Fla.·
2017-11-22
The Florida Supreme Court fulfilled its constitutional obligation to assess and certify the state's judicial need for fiscal year 2018/2019. The Court certified the need for four additional trial court judges (two circuit, two county), decertified thirteen county court judgeships
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232 So. 3d 1124·
Fla. 3d DCA·
2017-11-08
Plaintiffs appealed a trial court's dismissal of their complaint on forum non conveniens grounds, arguing that Mexico was not an adequate alternative forum and that one defendant had waived the challenge. The appellate court affirmed the dismissal, finding the trial court properl
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231 So. 3d 1·
Fla. 4th DCA·
2017-10-25
The appellate court reversed a lower court's order transferring venue, finding that venue was proper in Palm Beach County because one of the defendant insurance companies admitted to having an agent there. This decision clarifies venue rules for cases with multiple corporate defe
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225 So. 3d 284·
Fla. 4th DCA·
2017-08-09
The trial court erred by denying a motion to dismiss for forum non conveniens without conducting the required analysis under Kinney.
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223 So. 3d 470·
Fla. 5th DCA·
2017-07-28
The trial court erred in granting the defendant's oral motion to transfer venue to St. Johns County.
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220 So. 3d 475·
Fla. 5th DCA·
2017-03-31
The court held that the defendant waived his venue objection by failing to assert it in his answer or a pre-answer motion.
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213 So. 3d 1061·
Fla. 3d DCA·
2017-03-08
Asperbras, a Brazilian corporation, appealed the denial of its motion to quash service of process and dismiss Good Hope's tortious interference complaint for lack of personal jurisdiction, improper venue, and forum non conveniens. The Florida appellate court affirmed, holding tha
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209 So. 3d 619·
Fla. 5th DCA·
2017-01-13
The trial court should have dismissed the petitions for improper venue, as the proper venue was Miami-Dade County.
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Del. Super. Ct.·
2016-08-25
The court denied plaintiffs' motion for clarification or reargument of the prior forum non conveniens dismissal. The court held that Delaware's forum non conveniens analysis does not require a threshold determination of an adequate alternate forum and that the requested condition
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Del. Super. Ct.·
2016-08-24
The Delaware Superior Court granted the motion to dismiss SecurityNational's declaratory judgment action, finding that the action was not ripe for adjudication under Delaware's Declaratory Judgment Act. The court determined that the matter had proceeded past the point where decla
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213 So. 3d 996·
Fla. 1st DCA·
2016-07-25
The appellate court affirmed the trial court's dismissal of the case, finding no abuse of discretion in the application of the forum non conveniens doctrine.
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2016 U.S. Dist. LEXIS 69226·
M.D. Fla.·
2016-05-26
The court held that the Federal Arbitration Act governs the loan agreement, and due to the lack of a specific challenge to the delegation provision, the parties must arbitrate their disputes.
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Del.·
2016-02-26
The Delaware Supreme Court affirmed the Superior Court's denial of the nonresident officer's motion to dismiss for lack of personal jurisdiction. The Court held that 10 Del. C. § 3114(b) provides a valid statutory basis for jurisdiction under the "necessary or proper party" provi
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Del. Super. Ct.·
2016-02-19
The Delaware Superior Court granted the Insurers' motion to dismiss the second amended complaint, finding that the Georgia action was the first-filed suit and that the parties and issues were substantially identical, warranting dismissal under the McWane doctrine. The court also
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Del. Ch.·
2015-12-17
The Delaware Court of Chancery denied the defendant's motion to dismiss on forum non conveniens grounds, finding that the defendant failed to demonstrate overwhelming hardship or inconvenience that would warrant disturbing the plaintiff's choice of forum. The court applied the es
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15th Cir. Ct. App. Div.·
2015-11-09
Amlong & Amlong, a Broward County law firm, sought certiorari review of a trial court's denial of its motion to transfer venue in a small claims action filed by former client Laurie Semo in Palm Beach County. The appellate court granted the petition, holding that venue was improp
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2015 U.S. Dist. LEXIS 133884·
S.D. Fla.·
2015-09-23
The court held that general maritime claims and Jones Act claims are not removable to federal court without an independent basis for jurisdiction, even after the 2011 amendment to 28 U.S.C. § 1441.
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Del. Ch.·
2015-09-10
The Court grants the Defendants' motion to stay the Delaware action in favor of the first-filed Illinois action regarding valuation and fiduciary duty claims, finding substantial or functional identity between the parties and issues in both lawsuits. The Court retains jurisdictio
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Del. Ch.·
2015-08-11
The Court grants Development Max's motion to dismiss on forum non conveniens grounds. The Court found that the complexity and unsettled nature of Ukrainian law, coupled with the diverging expert opinions on its application, made Ukraine the more appropriate forum. The Court's pri
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S.D. Fla.·
2015-04-21
The court held that a forum-selection clause requiring litigation in the Bahamas was valid and enforceable, warranting dismissal of the case under the doctrine of forum non conveniens.
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Del. Ch.·
2015-03-18
The Delaware Court of Chancery denied the defendants' motions to dismiss or stay the plaintiff's complaint. The court found that the forum selection clause in the Intercreditor Agreement, even if incorporated into the 2009 Indenture, did not clearly and unambiguously apply to the
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2015 WL 1380815·
S.D. Fla.·
2015-02-19
The court held that the plaintiff's employment contracts contained a written agreement to arbitrate disputes in the Philippines, enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
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Del. Ch.·
2014-12-18
The Court denied the defendants' motion to dismiss, except for the claim of waste, which was dismissed. The Court also denied the plaintiffs' motion for partial summary judgment. The Court found that personal jurisdiction existed over the individual defendant, Ward Katz, under De
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Del. Super. Ct.·
2014-06-10
The court held that Texas law has the most significant relationship to the issues of liability, damages, and remedies in this products liability action arising from a helicopter crash in Mexico. Therefore, the court granted the plaintiffs' motion to apply Texas law to liability a
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Del. Super. Ct.·
2014-02-17
The Delaware court stayed the declaratory judgment action filed by National Union, finding it was not entitled to deference as a first-filed action due to its anticipatory nature and the natural alignment of parties in the competing California litigation. While the movants did no
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201 So. 3d 30·
Fla. 3d DCA·
2013-12-26
A Florida father appealed a trial court's denial of his motion to dismiss for forum non conveniens in a paternity and child support case brought by a Russian mother. The court held that foreign plaintiffs are not entitled to the strong presumption favoring their chosen forum, and
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Del. Super. Ct.·
2013-12-13
The Delaware Superior Court held that venue was not improper and declined to dismiss the action based on forum non conveniens. However, the court granted a stay of the Delaware proceedings pending the final resolution of the related action in Texas.
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129 So. 3d 404·
Fla. 3d DCA·
2013-11-27
Garcia Armas appealed the trial court's denial of a motion to dismiss for forum non conveniens against Banco Nacional de Crédito. The appellate court reversed, finding the trial court's order lacked meaningful analysis of the relevant legal factors and improperly equated jurisdic