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Fla. 6th DCA·
2026-04-10
Claims alleging negligent supervision, vicarious liability, and loss of consortium arising from a physician assistant's allegedly improper performance of a medical examination constitute medical malpractice claims subject to Chapter 766's presuit notice requirements. The trial co
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2026 Fla. App. LEXIS 2719·
Fla. 4th DCA·
2026-04-08
The court affirmed dismissal of claims barred by the statute of frauds (relating to real property transfer), claims based on an incomplete written contract, and declaratory relief claims, but reversed dismissal of breach of oral contract and unjust enrichment claims alleging Aron
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Fla. 2d DCA·
2026-04-08
A party that prevails on the significant issue of liability in a breach of contract action is the prevailing party for purposes of awarding attorneys' fees, even if that party recovers substantially less in damages than originally sought, provided the liability issue was genuinel
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Fla. 2d DCA·
2026-03-25
The appellate court affirmed the denial of attorney's fees to the appellant, Smith L. Watkins. Watkins' motion for fees was based on a joint proposal for settlement that failed to apportion the settlement amount between the two appellees, Richard and Jennifer Corbett, as required
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Del. Super. Ct.·
2026-02-18
In this complex asset purchase dispute, Jiggy Puzzles sued Steelhead Acquisition EE and its parent Aestuary for breach of contract and fraudulent inducement following the sale of Jiggy's puzzle business. The court issued a mixed summary judgment ruling denying Aestuary's motion,
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Fla. 3d DCA·
2026-02-11
Marko Dejanovic appeals from a final judgment based on collateral estoppel arising from default judgments against his two corporate entities. The court reversed, holding that default judgments against non-contesting co-defendants cannot be used to impose admissions against a cont
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S.D. Fla.·
2026-02-10
The court held that the plaintiffs' claims were time-barred by the one-year limitation period in the cruise ticket contract, as the contract provided reasonably adequate notice.
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Fla. 5th DCA·
2026-02-06
The trial court properly granted the tenant's motion to amend the complaint to seek punitive damages where the tenant established a reasonable evidentiary basis for recovery consistent with allegations of fraudulent inducement. The holding in First Interstate Dev. Corp. v. Ablane
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S.D. Fla.·
2026-02-03
The court held that the plaintiff failed to establish personal jurisdiction and subject-matter jurisdiction, warranting dismissal of the amended complaint.
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Del. Ch.·
2026-01-22
A Delaware Court of Chancery Vice Chancellor declined plaintiff's request for special designation of a Superior Court judge to hear the equitable aspects of a dispute between co-founders of a satellite manufacturing company. The court held that the Court of Chancery has exclusive
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Del. Super. Ct.·
2026-01-13
Plaintiff Quinlan brought medical negligence, breach of contract, and fraudulent inducement claims against his concierge medical provider MDVIP and its affiliated physician Dr. O'Brien. The court granted MDVIP's motion to dismiss under Rule 12(b)(1), finding that a valid arbitrat
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Del.·
2026-01-12
Johnson & Johnson acquired Auris Health in 2019 for $3.4 billion upfront plus up to $2.35 billion in earnout payments tied to FDA regulatory milestones for robotic surgical devices. When no milestones were achieved, the former stockholders' representative sued for breach of contr
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Del. Ch.·
2026-01-12
Plaintiffs moved for reargument of the dismissal of a fraud claim against defendants under Delaware Rule 59(f). The Court of Chancery denied the motion, holding that plaintiffs failed to identify overlooked facts or law and that imputation of an officer's knowledge would not cure
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M.D. Fla.·
2026-01-09
The court held that Python breached the March 2021 agreement's indemnification clause regarding one TCPA settlement, but not others due to insufficient evidence of actual liability. The court also denied summary judgment on claims against Ms. Levin personally.
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Fla. 3d DCA·
2025-12-31
A party may not recover tort or punitive damages for fraud and negligence claims when those damages are identical to and arise from the same breach of contract, absent a separate and independent tort. The independent tort rule precludes recovery of tort damages that duplicate bre
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M.D. Fla.·
2025-12-29
The court held that plaintiffs have standing for claims related to generators they purchased, but lacks personal jurisdiction over Generac Holdings and claims by non-Florida plaintiffs.
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S.D. Fla.·
2025-12-15
The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion for default final judgment.
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Del. Super. Ct.·
2025-12-11
The court denied the motion to dismiss for lack of subject matter jurisdiction over the declaratory judgment claim, finding the plaintiff sought monetary damages. However, the court granted the motion to dismiss the declaratory judgment count as duplicative of the fraud claim. Th
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S.D. Fla.·
2025-12-09
The court held that dismissal with prejudice for failure to comply with Florida Medical Malpractice Act pre-suit notice requirements is not appropriate if the statute of limitations has not expired, allowing the plaintiff to cure the deficiency. However, the court denied reconsid
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Fla. 3d DCA·
2025-12-03
When damages for fraud and misrepresentation are unliquidated and cannot be ascertained from the complaint, by agreement, arithmetical calculation, or legal principles, a defaulting defendant is entitled to an evidentiary hearing on the amount of damages despite default.
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S.D. Fla.·
2025-12-02
The court held that the arbitration provision in the website's 'Terms of Use' was unenforceable because the 'browsewrap' agreement lacked sufficient notice, and that the plaintiff's claims failed to meet the heightened pleading standards of Rule 9(b).
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S.D. Fla.·
2025-11-21
The court recommended granting Plaintiff's motion for default final judgment, finding sufficient basis in the pleadings for fraud and awarding damages.
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Fla. 4th DCA·
2025-11-19
A nonresident defendant's tortious conduct must occur in Florida to establish personal jurisdiction under Florida's long-arm statute; mere injury in Florida resulting from a tort committed elsewhere is insufficient, and vague allegations of conspiracy without specific factual sup
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Fla. 3d DCA·
2025-11-05
An appellate court lacks jurisdiction to hear an appeal when the notice of appeal is filed more than thirty days after rendition of a final judgment, as the time parameters for filing an appeal are jurisdictional under Florida law.
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Del. Super. Ct.·
2025-11-03
The Court denied the motion to dismiss claims for fraudulent inducement, fraudulent misrepresentation, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, anticipatory repudiation, and declarat
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Del. Super. Ct.·
2025-10-30
The Court denied the motion for judgment on the pleadings and the motion to stay discovery, finding that material issues of fact exist regarding the enforceability of the purported settlement agreements. Specifically, the court found factual disputes concerning whether an offer w
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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
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S.D. Fla.·
2025-10-08
GPC3 I, LLC brought a breach of contract action against Cort Javarone, a Florida resident, in the Southern District of New York, claiming he failed to transfer 16 million cryptocurrency tokens (SHRAP) after receiving a $500,000 payment. The court found that while Javarone persona
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Fla. 4th DCA·
2025-10-01
A plaintiff cannot maintain a quiet title action or declaratory judgment claim when the complaint and its exhibits establish that the plaintiff lacks legal or equitable title to the property. Polycarpe's interest in the property was extinguished by the foreclosure judgment and su
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M.D. Fla.·
2025-09-30
The court denied plaintiffs' motion for partial reconsideration, finding they failed to present new evidence or correct clear error, and had waived arguments by not properly raising them in opposition to summary judgment.
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M.D. Fla.·
2025-09-18
The court held that Franklin Electric sufficiently alleged a claim under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) for fraudulent inducement related to a business acquisition discussion.
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M.D. Fla.·
2025-09-16
The court held that the plaintiff's amended complaint failed to meet the heightened pleading requirements for fraud claims under Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation Reform Act (PSLRA).
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S.D. Fla.·
2025-09-11
The court recommended granting default judgment on breach of contract claims against the LLCs and the guarantor, but denied default judgment on fraud, conspiracy, aiding and abetting fraud, and declaratory judgment claims.
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S.D. Fla.·
2025-09-11
The court held that it had personal jurisdiction over the defendant based on alleged tortious acts within Florida, but that the claims must be arbitrated due to a valid arbitration agreement.
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Fla. 3d DCA·
2025-09-10
Summary judgment was properly granted where undisputed evidence established the moving company defendants misrepresented the price, labor time, discounts, and licensing of moving services in violation of Florida's Household Moving Services Act and FDUTPA, and the owner was indivi
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S.D. Fla.·
2025-09-08
The court held that the plaintiff sufficiently alleged facts to pierce the corporate veil and state a claim for breach of contract, but dismissed the claim for breach of the implied covenant of good faith and fair dealing as duplicative.
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S.D. Fla.·
2025-09-03
The court held that while the arbitration clause is valid and enforceable, it lacks the authority to compel arbitration in a foreign district, thus granting the motion to transfer the case.
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S.D. Fla.·
2025-08-29
In AKAI Custom Guns, LLC v. KKM Precision, Inc., a dispute over the quality of pistol barrels that KKM manufactured and sold, KKM prevailed on summary judgment and at trial on all remaining claims brought by Akai and Horowitz, including misleading advertising, violations of Flori
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Del. Super. Ct.·
2025-08-28
The Delaware Superior Court denied the motion to dismiss claims for fraud in the inducement, indemnity, and declaratory judgment, finding them sufficiently pleaded. However, the court granted the motion to dismiss claims for aiding and abetting fraud and civil conspiracy, applyin
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S.D. Fla.·
2025-08-28
Shareholders David Peyton and David Martinez failed to prove by a preponderance of the evidence that they are one-third owners of Nexxt Gen Corporation and related companies, or that they are equal one-third partners in a joint venture with Eric Grant providing network, communica
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N.D. Fla.·
2025-08-21
The court held that the arbitration clause in the settlement agreement applies to the claims in this action, including those against new defendants, and therefore proceedings in this court must be stayed.
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M.D. Fla.·
2025-08-20
The court held that it lacked personal jurisdiction over the defendants because their limited contacts with Florida, primarily participation in the Miami Grand Prix, did not establish substantial or continuous business activity, nor did the alleged tortious acts occur within the
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M.D. Fla.·
2025-08-19
The court held that a plaintiff cannot rely on unilateral mistake or misrepresentation defenses to avoid a clear and unambiguous release of claims in a settlement agreement, especially when the contract terms contradict the alleged misrepresentation.
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S.D. Fla.·
2025-08-08
The court held that the plaintiff adequately pled facts supporting its claims, including damages, and that the lack of detail on damages in the amended complaint is not a basis for dismissal prior to discovery.
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Fla. 3d DCA·
2025-08-06
Punitive damages may not be awarded when the damages sought in a fraud claim duplicate the damages recoverable under an accompanying breach of contract claim.
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M.D. Fla.·
2025-08-01
The court held that certain counterclaims were not impermissible shotgun pleadings, that defendants had standing to pursue a breach of contract claim, and that jury trial demands were waived by contractual provisions.
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S.D. Fla.·
2025-07-31
The court held that a Section 1782 application is a 'suit or proceeding' subject to a stay under FAA Section 3, and that while Section 4 requires independent jurisdiction over the underlying dispute, the court can still compel arbitration if such jurisdiction exists.
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S.D. Fla.·
2025-07-29
The court recommended granting the motion to dismiss Counterclaim V (fraud in the inducement) but denying the motion to dismiss Counterclaims III (unjust enrichment) and IV (breach of fiduciary duties).
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Del. Ch.·
2025-07-25
The Court of Chancery dismissed the plaintiffs' claims, finding a lack of personal jurisdiction over Continental Stock Transfer & Trust Company, no standing for the breach of contract claim, and that the remaining claims were either time-barred or failed to state a claim upon whi
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S.D. Fla.·
2025-07-02
The court held that the defendants failed to meet their burden of proving fraudulent joinder, and therefore, the case must be remanded to state court.