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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.
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M.D. Fla.·
2025-06-26
The court recommended granting in part Plaintiff's motion for default judgment, directing entry of final judgment against BKR Holdings on Count I for $170,844.54 plus interest and attorney's fees.
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M.D. Fla.·
2025-06-18
The court denied the defendants' motions to dismiss, finding that the plaintiff's second amended complaint sufficiently stated claims for successor liability, unjust enrichment, fraud in the inducement, and negligent misrepresentation.
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Del. Super. Ct.·
2025-06-02
The appellate court affirmed the dismissal of the amended complaint, holding that the breach of contract claim failed for lack of factual allegations supporting damages proximately caused by the breach, and the fraud claim failed for lack of separate damages and particularity. Th
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S.D. Fla.·
2025-05-30
The court held that Lakeshore Technical College is a citizen of Wisconsin, not an arm of the State, and therefore diversity jurisdiction exists; the court also held that the parties' forum-selection clause is enforceable and requires transfer of the case.
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S.D. Fla.·
2025-05-23
The court granted in part and denied in part the motions to dismiss, finding it had jurisdiction and that the litigation privilege was inapplicable, while dismissing some claims with leave to amend.
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M.D. Fla.·
2025-05-13
The court held that the fraudulent inducement claim failed to meet Rule 9(b)'s heightened pleading standard and the FDUPTA claim failed to allege consumer injury and actual damages.
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S.D. Fla.·
2025-05-02
A party seeking to amend pleadings after a scheduling order deadline must demonstrate good cause, which requires diligence; absent good cause, the court need not consider Rule 15 factors, and amendment may be denied due to undue delay or prejudice.
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M.D. Fla.·
2025-05-01
The court held that the plaintiff knowingly and voluntarily signed the severance agreement, waiving his claims, and that his contract-related claims failed due to the parol evidence rule and lack of justifiable reliance.
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M.D. Fla.·
2025-04-29
The court recommended granting in part Plaintiff's motion for default judgment, finding that Plaintiff adequately pleaded claims for fraudulent misrepresentation and fraudulent inducement, and recommending an award of damages and attorney's fees.
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Del. Super. Ct.·
2025-04-28
The court held that the contractual claims were not time-barred because the administrative proceedings tolled the statute of limitations, and that the claims against Defendant Horner individually failed for lack of factual allegations. The court also dismissed several claims agai
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M.D. Fla.·
2025-04-23
The court denied the motion for a temporary restraining order and preliminary injunction because the plaintiffs failed to establish a substantial likelihood of success on the merits for any of their claims.
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Del.·
2025-04-22
The Delaware Supreme Court reversed the Superior Court's dismissal of the buyers' fraudulent inducement and indemnification claims. The Court held that the letter agreement was ambiguous regarding the waiver of fraud claims, and that the buyers had sufficiently pleaded fraudulent
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Fla. 3d DCA·
2025-04-09
A trial court errs in using equitable powers to relieve a tenant of rent obligations when the tenant elected to pursue damages rather than rescission and did not plead for such relief. Prejudgment interest on lost profits must be calculated from the date the loss was actually sus
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N.D. Fla.·
2025-04-08
Jaden Rashada sued University of Florida football coach William Napier, NIL director Marcus Castro-Walker, booster Hugh Hathcock, and Velocity Automotive Solutions for fraudulently inducing him to commit to the university with promises of a $13.85 million name, image, and likenes
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M.D. Fla.·
2025-04-01
The court granted the defendants' motion to compel arbitration and stay proceedings, adopting the magistrate judge's report and recommendation.
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M.D. Fla.·
2025-03-31
The court granted summary judgment for RCAI on claims of conversion, civil theft, and breach of fiduciary duty, but denied it for trade secret claims. Summary judgment was granted for RCAI on Josloff's counterclaims for religious discrimination and failure to exhaust administrati
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M.D. Fla.·
2025-03-28
Eugene Hardin, a former truck driver, brought multiple claims against his employer Oakley Transport, including fraud, discrimination under the ADA and ADEA, and retaliation under FWCA, after his employment was terminated following a work-related knee injury. The court granted sum
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S.D. Fla.·
2025-03-28
The court affirmed and adopted the magistrate judge's report and recommendation, granting in part and denying in part the defendants' motion to dismiss.
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M.D. Fla.·
2025-03-26
The court held that a valid arbitration agreement containing a delegation clause exists, and therefore, issues of fraudulent inducement and contract voidability are for the arbitrator to decide.
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Fla. 3d DCA·
2025-03-19
Summary judgment was properly granted for defendants where appellants failed to present probative evidence of misrepresentations by defendant Bennett, a fiduciary relationship, or wrongful conduct by defendant Keystone, and instead relied on derivative liability theories unsuppor
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S.D. Fla.·
2025-03-04
Dr. Hernandez and his company EGLA alleged that Stingray Digital Group and related defendants misappropriated proprietary audio and video technology, trade secrets, and patents developed by Dr. Hernandez, and that Stingray gained unauthorized access to this technology after acqui
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M.D. Fla.·
2025-02-26
The court denied the plaintiff's motion for default judgment because it was filed prematurely and the defendant entity had demonstrated an intent to defend by retaining counsel.
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Fla. 3d DCA·
2025-02-19
A seller of a restaurant failed to disclose unpaid sales and use taxes to the buyer. The buyer obtained a preliminary injunction freezing the seller's assets to prevent her alleged flight to Venezuela. The appellate court reversed, holding that a monetary judgment for breach of c
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Fla. 2d DCA·
2025-02-14
A seller of residential property has a duty under Johnson v. Davis to disclose material facts affecting property value that are not readily observable and not known to the buyer, and summary judgment was improper where evidence supported that the sellers had actual knowledge of t
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M.D. Fla.·
2025-02-14
The court held that the plaintiffs failed to adequately plead their claims for constructive fraud, breach of fiduciary duty, fraudulent inducement, securities fraud, and negligence, granting the defendants' motion to dismiss.
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Del. Super. Ct.·
2025-02-06
The Delaware Superior Court granted Defendants' motion to dismiss Plaintiff's fraud in the inducement claim, finding that the allegations did not plead "separate and distinct facts" from the breach of contract claim and impermissibly "bootstrapped" the contract claim. However, th
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S.D. Fla.·
2025-02-04
The court held that the Plaintiffs' RICO claims are barred by the Private Securities Litigation Reform Act (PSLRA) because the alleged fraudulent conduct was actionable as fraud in the purchase or sale of securities, and therefore, the court lacks federal question jurisdiction.
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Del. Super. Ct.·
2025-01-22
The Delaware Superior Court denied Atlas's partial motion to dismiss Mosaic's claims for fraudulent inducement and fraudulent concealment. The court found that the fraud claims were not impermissibly bootstrapped to the breach of contract claim, as Mosaic alleged knowing misrepre
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S.D. Fla.·
2025-01-13
The court granted in part and denied in part the motion for reconsideration, allowing amendment of certain counterclaims and affirmative defenses while denying reconsideration of others.
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S.D. Fla.·
2025-01-08
The court granted in part and denied in part the defendant's motion to preclude expert testimony, finding the expert qualified and certain opinions admissible.
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S.D. Fla.·
2025-01-07
The court recommended sua sponte dismissal without prejudice of the plaintiff's first amended complaint as a shotgun pleading, with leave to amend conditioned on payment of the filing fee.
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S.D. Fla.·
2025-01-03
The court held that all of the plaintiff's tort claims are barred by Florida's independent tort doctrine because they are not independent of the breach of contract claim.
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S.D. Fla.·
2024-12-26
The court denied the motion to dismiss Maite's amended counterclaim, finding that Maite sufficiently pleaded claims for rescission based on fraudulent inducement and breach of the Operating Agreement.
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M.D. Fla.·
2024-12-13
The court held that the plaintiff failed to prove marine peril, thus its pure salvage claim failed. The court also found that the plaintiff litigated in bad faith, entitling the defendants to attorney's fees and costs.
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M.D. Fla.·
2024-12-12
The court held that while the settlement agreement's plain language unambiguously released the plaintiff's claims, disputes of material fact regarding defenses to contract formation (mistake, fraud, misrepresentation) preclude judgment on the pleadings.
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Fla. 4th DCA·
2024-11-27
A successor judge may complete uncompleted acts of a predecessor judge, including enforcing a pretrial stipulation requiring reimbursement of expenditures when the condition precedent (rescission of the promissory note and deed) is satisfied. The successor judge erred in failing
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M.D. Fla.·
2024-11-15
The court held that the plaintiff failed to state plausible claims for relief because the cited statutory provisions do not authorize private rights of action and the complaint lacked sufficient factual detail.
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Del. Super. Ct.·
2024-11-15
The court held that Buyers' allegations of fraud in the inducement were sufficiently pleaded to survive a motion to dismiss, thus precluding summary judgment for Sellers on their breach of contract claim. However, Buyers' alternative breach of contract claims related to the Maste
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S.D. Fla.·
2024-11-07
The court recommends granting plaintiffs' motion for default judgment as to damages, awarding $891,020.36, but denying their request for attorney's fees and costs due to lack of support.
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Del. Ch.·
2024-10-30
The Delaware Court of Chancery denied the defendant's motion to dismiss the plaintiff's claim for reformation based on mistake, finding that the plaintiffs had sufficiently pleaded a specific prior understanding that differed materially from the executed SAFE agreement. However,
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Fla. 4th DCA·
2024-10-23
A Georgia resident and LLC manager challenged personal jurisdiction in a fraud complaint brought by Florida investors. The trial court denied his motion to vacate the clerk's default and dismiss, but the appellate court reversed, finding conflicting affidavits on a critical juris
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M.D. Fla.·
2024-09-30
The court held that fraud and negligent misrepresentation claims were dismissed for failing to meet Rule 9(b)'s particularity requirement, and the unjust enrichment claim was dismissed because an express contract existed.
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S.D. Fla.·
2024-09-26
The court held that the fraud in the inducement claim was dismissed without prejudice for failing to meet Rule 9(b) pleading standards, but the FDUTPA and tortious interference claims survived the motion to dismiss, and the breach of contract claim was not subject to arbitration.
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S.D. Fla.·
2024-09-20
The court adopted the magistrate judge's report and recommendation, overruling objections and granting summary judgment in part for Blue Chip on breach of contract and denying summary judgment in part for Chetu on FDUTPA.
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S.D. Fla.·
2024-09-19
The court granted in part and denied in part the defendant's motion in limine, ruling on the admissibility of various categories of evidence related to dismissed claims, affirmative defenses, and expert testimony.
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Fla. 3d DCA·
2024-09-18
Progressive Select Insurance Company sought a writ of certiorari to quash a trial court order compelling discovery of its sales manuals prior to a coverage determination. The Third District Court of Appeal granted the petition, holding that discovery of an insurer's internal mate
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N.D. Fla.·
2024-09-12
The court recommended dismissing TCH's counterclaims for failure to prosecute and granting AM's motion to amend its complaint to dismiss claims against TCH, and entering final judgment against Monroe.
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M.D. Fla.·
2024-09-06
The court held that genuine issues of material fact preclude summary judgment on claims of deceptive trade practices, fraudulent inducement, breach of implied warranty, and rescission.
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Del. Ch.·
2024-09-04
The Court of Chancery held that the plaintiffs' claims were barred by the doctrine of unclean hands due to their fraudulent conduct and presentation of false evidence. The court also found that no partnership existed between Wallace and Double Forest, and that the agreements for