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30 La. 1278·
M.D. Fla.·
2018-08-28
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122 La. 29·
M.D. Fla.·
2018-04-23
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30 La. 966·
M.D. Fla.·
2017-12-18
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4 La. 314·
M.D. Fla.·
2017-08-25
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Del. Super. Ct.·
2017-05-23
The Delaware Superior Court denied in part and granted in part motions for summary judgment in a legal malpractice action. The court found that claims against one attorney, Mr. Arban, were dismissed due to lack of expert testimony and minimal involvement. Claims regarding damages
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S.D. Fla.·
2017-02-07
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S.D. Fla.·
2017-01-19
The court held that the plaintiff sufficiently pleaded facts to support a plausible inference of gender-based discrimination under Title IX and adequately pleaded state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
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Del. Super. Ct.·
2016-08-26
The appellate court affirmed the trial court's decision regarding breach of contract liability and attorneys' fees, but reversed the award of interest. The court found no abuse of discretion in the evidentiary rulings and the determination of breach of contract. However, it held
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Del. Ch.·
2014-06-11
The Court reformed the 2003 and 2004 Management Agreements to include 'Negative Manager Fees' based on clear and convincing evidence of a scrivener's error. The Court found that the parties' actual agreement, as evidenced by prior agreements and their course of conduct, included
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1992 WL 92773·
S.D. Fla.·
2013-10-24
The court held that the transfer of vessel sale proceeds from Burrell to Straub was a fraudulent conveyance under Florida law, allowing National Maritime to recover the judgment amount.
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809 F. Supp. 2d 636·
S.D. Fla.·
2013-06-21
The court held that the plaintiff's securities fraud claims were time-barred because a reasonably diligent plaintiff would have discovered the facts constituting the violation more than two years before the lawsuit was filed.
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Del. Super. Ct.·
2012-08-01
The Delaware Superior Court denied the defendants' motion to dismiss the entire complaint based on the rule against perpetuities, finding the commercial agreement did not violate the rule. The court granted the defendants' motion to dismiss the claims for conversion and civil con
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Del. Ch.·
2011-05-31
The Court denied the plaintiffs' motion for a preliminary injunction, finding that they failed to demonstrate a reasonable probability of success on the merits or irreparable injury. The Court reasoned that while the derivative claims might survive a motion to dismiss, they were
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791 F. Supp. 2d 1183·
M.D. Fla.·
2011-05-27
The court held that Feig's February 2011 affidavit was not a sham and created genuine issues of material fact, thus denying summary judgment.
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707 F. Supp. 2d 1317·
S.D. Fla.·
2010-03-27
The court held that the plaintiff failed to state a claim against MasterCard because the complaint lacked sufficient factual allegations to plausibly connect MasterCard to the alleged Ponzi scheme or to establish any duty or misrepresentation by MasterCard.
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Del. Ch.·
2009-05-29
The appellate court affirmed in part and reversed in part the trial court's order on cross-motions to compel discovery. The court granted Omnicare's motions to compel discovery of alleged billing errors, facility transfers, ownership interests (with limitations), and Medicare doc
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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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Del. Ch.·
2008-12-18
The Court of Chancery denied the trustee's petition for instructions and injunctive relief, finding that the trustee had not demonstrated an imminent threat of irreparable harm and that granting the relief would conflict with orders from a Pennsylvania court, undermining principl
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989 So. 2d 38·
Fla. 3d DCA·
2008-07-09
Renee Braswell appeals from a bench trial judgment denying her attempt to pierce the corporate veil of Ryan Investments, Ltd. to execute on a judgment against her former husband's estate for breach of a marital settlement agreement. The court affirmed, holding that reverse corpor
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943 So. 2d 208·
Fla. 3d DCA·
2006-10-25
Nancy Burt appealed a trial court order granting Brenda Buchman's motion to intervene to assert homestead rights in real property that was determined to be a partnership asset of Minit Print. The appellate court reversed, holding that post-judgment intervention is generally barre
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420 F. Supp. 2d 1263·
M.D. Fla.·
2006-01-18
The court held that while the government has the power to force a sale of property to satisfy tax debts, equitable considerations and third-party interests, as outlined in United States v. Rodgers, may warrant postponing or modifying such sales, particularly concerning a spouse's
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914 So. 2d 1105·
Fla. 4th DCA·
2005-11-30
A Florida corporation sued a Delaware corporation and its CEO in Florida state court to satisfy a judgment, alleging the Delaware corporation fraudulently received assets from a Virginia corporation to avoid liability. The Fourth District reversed the trial court's denial of the
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905 So. 2d 1027·
Fla. 4th DCA·
2005-07-06
A fraudulent conveyance claim can be founded on a duly recorded judgment lien, entitling the creditor to a lis pendens.
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Del. Ch.·
2004-11-17
The Delaware Court of Chancery largely denied the defendants' motion to dismiss. The court sustained the plaintiff's claim for the appointment of a receiver under 8 Del. C. § 291, finding sufficient allegations of insolvency and potential bad faith conduct by the board. However,
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832 So. 2d 945·
Fla. 3d DCA·
2002-12-26
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816 So. 2d 797·
Fla. 3d DCA·
2002-05-15
The court held that the wife did not confer apparent authority or ratify the settlement agreement, and thus the judgment against her should be set aside.
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171 F. Supp. 2d 1319·
M.D. Fla.·
2001-08-22
The court denied the plaintiff's motion to amend the judgment to include post-hearing interest and denied the defendants' petition to vacate the judgment, finding no lack of jurisdiction or merit to their arguments.
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769 So. 2d 474·
Fla. 5th DCA·
2000-10-13
Thompson appeals summary judgments dismissing Count I of his complaint for fraudulent conveyance based on the four-year statute of limitations. The court reversed, holding that substituting creditors (Thompson and Sun Fun) for a bankruptcy trustee as plaintiffs does not create a
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767 So. 2d 632·
Fla. 5th DCA·
2000-09-29
Viking Acoustical Corporation purchased defective laminating equipment from Moneo Sales Corporation and sued Black Brothers Company after Moneo sold its assets to Black. The court affirmed the dismissal of Viking's complaint against Black for lack of personal jurisdiction, findin
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753 So. 2d 770·
Fla. 5th DCA·
2000-03-24
The City of Kissimmee, as court-appointed receiver of Kings Point Utility, appealed a trial court order requiring it to increase water and sewer rates to cover past due and ongoing rent owed to Ash Chemical under a lease. The Fifth District Court of Appeal affirmed, holding that
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763 So. 2d 1078·
Fla. 4th DCA·
1999-10-13
Sunshine Resources appealed a final order in a proceedings supplementary action, challenging the trial court's determinations regarding fraudulent transfers and execution against assets held by James Simpson, his wife Lorraine, and his mother Rinnie. The appellate court affirmed
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736 So. 2d 754·
Fla. 5th DCA·
1999-07-02
Toyota Tsusho America seeks certiorari review of a trial court order directing it to withdraw a Tennessee action filed to domesticate a Florida judgment and challenge a fraudulent property transfer. The court held that filing the Tennessee action did not violate the trial court's
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723 So. 2d 328·
Fla. 3d DCA·
1998-12-09
Michael Presley appealed a summary judgment imposing personal liability for accelerated rent under a lease executed in the name of a non-incorporated professional association. The Third District reversed, holding that summary judgment was improper because Florida law requires pro
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708 So. 2d 607·
Fla. 2d DCA·
1998-02-27
In this fraudulent transfer action under Florida's Uniform Fraudulent Transfer Act, the court affirmed that payments to Drs. Myers and Crick from their medical practice were fraudulent transfers, but reversed the trial court's decision to set aside transfers beyond the amount nec
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13 F. Supp. 2d 1316·
M.D. Fla.·
1998-01-29
The court adopted the magistrate judge's report and recommendation, granting the United States' motion to set aside a fraudulent conveyance of property.
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179 B.R. 329·
S.D. Fla.·
1995-02-24
The court held that the bankruptcy court erred in concluding it lacked authority to deny an exemption based on fraudulent conduct, and that Florida's fraudulent transfer statutes may apply.
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858 F. Supp. 167·
M.D. Fla.·
1994-04-22
The court held that the United States' action to set aside a fraudulent conveyance is subject to federal statutes of limitation, not state statutes.
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999 F.2d 236·
7th Cir.·
1993-07-14
The court held that a mortgage is valid and entitled to priority even if there are minor technical variances between the mortgage and the secured notes, especially when the parties' intent to secure the notes is clear and the challenging party had notice of the lien.
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999 F.2d 216·
7th Cir.·
1993-07-08
The court held that the receiver has standing to assert fraudulent conveyance claims on behalf of defrauded partners and that disputed factual issues regarding the alleged looting of Equity preclude summary judgment for foreclosure.
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995 F.2d 1158·
2d Cir.·
1993-06-04
The court held that attorney fees incurred in collecting judgments can be trebled as RICO damages, but fees for obtaining the judgments are not. The court also affirmed the district court's discretionary reduction of attorney fees for excessive litigation.
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993 F.2d 67·
5th Cir.·
1993-05-28
Reinscription of the notice of assignment was not necessary to preserve the Bank's right to the proceeds of the Owen receivable.
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154 B.R. 790·
S.D. Fla.·
1993-05-27
The court denied the motion to withdraw the bankruptcy reference because the moving party failed to provide sufficient information to determine the nature of the proceeding and the right to a jury trial.
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991 F.2d 1243·
7th Cir.·
1993-04-13
The court affirmed the district court's judgment, finding no abuse of discretion in denying bifurcation and upholding the jury's determination of reasonable attorney fees.
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991 F.2d 387·
7th Cir.·
1993-04-13
An individual spouse is not automatically liable for the other spouse's pension fund withdrawal liability; liability requires proof of intent to be partners in the enterprise.
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990 F.2d 439·
8th Cir.·
1993-04-12
The court held that a secured creditor is entitled to payment for past-due amounts owed to a supplier, but not for new materials purchased on the credit of a third party.
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616 So. 2d 558·
Fla. 4th DCA·
1993-03-31
The Luskins appeal from an order assessing $352,250.05 in attorney's fees and costs against them. The court affirms the fee award, which was entered after the Luskins lost on a fraudulent conveyance claim and had two prior judgments entered against them in related proceedings.
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991 F.2d 31·
2d Cir.·
1993-03-16
The court held that the transfer of property and stock distribution constituted an integrated transaction not supported by fair consideration, and that the six-year limitations period applies to actions under Debtor & Creditor Law § 273-a.
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986 F.2d 145·
6th Cir.·
1993-02-17
The court held that the Fayette Agreements constituted a valid release of Mrs. Green's power of appointment, creating a valid property interest for the debtor, and thus the 1986 amendment was a fraudulent conveyance.
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983 F.2d 650·
5th Cir.·
1993-02-16
A dominant shareholder who controls a corporation is not considered an employee of that corporation under a fidelity bond that covers losses from dishonest acts of employees.
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982 F.2d 233·
7th Cir.·
1992-12-29
The court affirmed the district court's decision to set aside the property transfer as fraudulent and foreclose federal tax liens, finding that the wife had no valid interest and the church's acquisition was voidable.