Fraudulent Inducement

1,995 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hutchinson v. Pyros
  M.D. Fla.· 2024-09-03
  The court held that collateral estoppel does not bar the fraud and promissory estoppel claims, and the wrongful termination claims under the Florida Whistleblower Act are sufficiently pleaded.
• Torres v. The Bank of N.Y. Mellon
  M.D. Fla.· 2024-08-29
  The court held that it lacks subject matter jurisdiction over the case due to the Rooker-Feldman doctrine and failure to establish diversity jurisdiction.
• Ketchen v. DRJ Gainesville K LLC
  N.D. Fla.· 2024-08-28
  The court held that a valid arbitration agreement existed and compelled arbitration, but stayed the proceedings rather than dismissing the case.
• Shadek v. Kidd
  M.D. Fla.· 2024-08-27
  In this civil case involving claims of elderly abuse, fraudulent misrepresentation, and other torts, the court granted plaintiff's motion for entry of clerk's default against defendant Kidd for failure to respond to the complaint within 21 days of service. The decision reflects s
• Atlas Conglomerate of Ridiculous Proportions LLC v. NFT Techs., Inc.
  S.D. Fla.· 2024-08-13
  A motion for default judgment must include a meaningful memorandum of law explaining the elements of the claims and damages requested, not merely conclusory allegations.
• Blue Chip Alliance, LLC v. Chetu, Inc.
  S.D. Fla.· 2024-08-08
  Software developer Chetu, Inc. agreed to create a custom point-of-sale system and integrate it with payment APIs for barber shop operator Blue Chip Alliance, LLC, but after accepting approximately $150,000 in monthly payments over sixteen months, delivered no usable software code
• Johnson v. Expert, Inc.
  M.D. Fla.· 2024-08-05
  The court held that it has discretion to stay nonarbitrable claims against one defendant when those claims are intertwined with arbitrable claims against another defendant, especially when there's a risk of inconsistent rulings.
• Applya Corp. v. TBG Tech Co. LLC
  S.D. Fla.· 2024-08-02
  The court granted in part and denied in part Plaintiff's motion for default judgment, awarding compensatory damages and attorneys' fees but denying punitive and treble damages.
• Baxter v. Miscavige
  M.D. Fla.· 2024-07-31
  The Court held that the Supreme Court's decision in Coinbase, Inc. v. Suski does not constitute an intervening change in controlling law warranting reconsideration of the prior order compelling arbitration.
• MSC Trading, S.A. v. Delgado
  S.D. Fla.· 2024-07-29
  The district court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting summary judgment for the plaintiff on most counts and defenses, and adopting the finding that the contracts were valid and enforceable and that the fraudulent inducement claims fail
• CMR Constr. & Roofing LLC v. The Orchards Condo. Ass'n, Inc.
  M.D. Fla.· 2024-07-19
  The court granted the motion to determine trial sequence, applying prior summary judgment rulings to consolidated cases and dismissing one case without prejudice for lack of standing.
• Getzler v. C.A. NO. N23C-02-086 DJB River RUN Foods (DE, LLC
  Del. Super. Ct.· 2024-07-01
  The court held that the plaintiffs failed to establish actionable common law fraud because they could not demonstrate false representations were made, nor could they show justifiable reliance on any alleged misrepresentations. Consequently, the defendants' motion for summary judg
• Puig v. Sazerac Co., Inc.
  M.D. Fla.· 2024-06-18
  The court granted in part and denied in part Sazerac's motion to dismiss, allowing the plaintiff to file a second amended complaint.
• Ferrellgas P'rs L.P.
  Del.· 2024-06-10
  The Delaware Supreme Court affirmed the Superior Court's decision, holding that Zurich American Insurance Company has no duty to advance defense costs for the Eddystone Litigation. The Court found that the underlying claim arose from a breach of contract that occurred after the "
• Conn. Gen. Life Ins. Co. v. Mayberg
  S.D. Fla.· 2024-06-05
  The Court adopts the Magistrate Judge's Report and Recommendation, granting in part and denying in part the Defendants' Motion to Dismiss.
• Talkdesk, Inc. v. DM Trans, LLC
  Del. Super. Ct.· 2024-05-31
  The Court granted in part and denied in part Talkdesk's motion to dismiss Arrive's counterclaims. The Court dismissed claims for unconscionability, fraud in the inducement, unjust enrichment, breach of implied warranty of fitness for a particular purpose, and violation of Califor
• Griffin v. Publix Super Mkts., Inc.
  M.D. Fla.· 2024-05-22
  The court held that the plaintiff failed to state a claim for deceptive advertising under FDUTPA and GFBPA, or for false advertising and fraud under Florida law, because the allegations did not establish that the omission of artificial flavor was likely to mislead a reasonable co
• Johnson v. Expert, Inc.
  M.D. Fla.· 2024-05-20
  The court held that a valid arbitration agreement exists and that claims challenging the entire contract, rather than the arbitration clause itself, are delegable to the arbitrator.
• Grove Harbour Marina & Caribbean Marketplace, LLC v. Grove Bay Inv. Grp. LLC
  Fla. 3d DCA· 2024-05-15
  When a contract is ambiguous and susceptible to more than one reasonable interpretation, summary judgment is precluded and the matter must be submitted to a fact-finder. The AEIA's incorporation of the Charthouse Drive Plans was ambiguous regarding whether Grove Bay could constru
• Stinson v. Memphis Light Gas & Water
  S.D. Fla.· 2024-05-15
  The court held that it lacked personal jurisdiction over the defendants because the plaintiff failed to allege sufficient facts demonstrating contacts with Florida, and therefore dismissed the complaint without leave to amend.
• Morrison, M.D. v. Delray Med. Ctr., Inc
  S.D. Fla.· 2024-04-19
  The court held that the plaintiff could not, as a matter of law, have justifiably relied on the defendant's alleged misrepresentations during settlement negotiations because the parties were represented by counsel, in an antagonistic relationship, and resolving a dispute analogou
• Benoit v. Silverio
  M.D. Fla.· 2024-04-12
  The court held that the plaintiff knowingly and voluntarily waived her right to a jury trial through a conspicuous provision in the attorney fee agreement.
• Benoit v. Silverio
  M.D. Fla.· 2024-04-12
  A motion to dismiss for failure to state a claim should be denied if the complaint alleges plausible facts supporting each element of the causes of action, and affirmative defenses are not apparent on the face of the complaint.
• Frishberg v. Univ. of S. Fla. Bd. of Trs.
  M.D. Fla.· 2024-04-11
  The court held that Eleventh Amendment immunity bars most of the plaintiff's claims, and the ADA claim fails as a matter of law because emotional support animals are not protected under Title II.
• Volinsky v. Lenovo (United States) Inc.
  M.D. Fla.· 2024-03-27
  The court held that the plaintiff lacks Article III standing to assert claims under other states' laws and for injunctive relief, and fails to state a claim for deceptive and misleading advertising and fraud.
• Rigollet v. Saba
  Fla. 2d DCA· 2024-03-27
  Jean François Rigollet appealed the dismissal of his counterclaim against Le Macaron Development, LLC (his franchisor). The trial court dismissed the counterclaim based on lack of standing and failure to allege independent damages. The appellate court reversed, holding that the t
• Final Expense Direct v. Python Leads, LLC
  M.D. Fla.· 2024-03-26
  The court held that defendants' claims for attorneys' fees, reputational damages, and loss of customers were properly stricken as they were not recoverable under the alleged facts.
• N. Bay Green Invs., LLC v. Cold Pressed Raw Holdings, LLC
  Fla. 3d DCA· 2024-03-13
  The settlement agreement did not obligate CPR Holdings to transfer CPR Beverages assets to North Bay because the agreement contained no such provision and the assets had already been conveyed to Green Holdings under the prior operating agreement. The election of remedies doctrine
• N. Bay Green Invs., LLC v. Cold Pressed Raw Holdings, LLC
  Fla. 3d DCA· 2024-03-13
  The election of remedies doctrine applied to appellants' counterclaims because rescission and damages are coexistent and inconsistent remedies, and appellants' election of rescission precluded damages awards even in a bench trial context. The settlement agreement contained no obl
• Ornella Pianezza and Andrea Artioli v. MIA Collection Servs. LLC
  Fla. 3d DCA· 2024-03-06
  The complaint sufficiently alleged that Pianezza and Artioli committed tortious acts within Florida by directing fraudulent misrepresentations through telephone calls and emails into Florida regarding counterfeit handbags. The corporate shield doctrine does not protect corporate
• Shrivastava v. CAC Pharma Invs. LLC
  382 So. 3d 6· Fla. 2d DCA· 2024-03-06
  The appellate court reversed a lower court's decision denying arbitration, finding that the claims presented had a significant nexus to the parties' agreements and thus fell under the broad arbitration clause. This decision clarifies that disputes arising from the formation and e
• Shrivastava v. CAC Pharma Invs. LLC
  382 So. 3d 6· Fla. 2d DCA· 2024-03-06
  The appellate court reversed a trial court's decision denying a motion to compel arbitration. The court found that the arbitration clause in the parties' agreements was broad and that the claims brought by the appellees had a significant nexus to the agreements, thus requiring ar
• Rice v. Wintrust Fin. Corp.
  M.D. Fla.· 2024-02-20
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and lacked proper subject matter jurisdiction, but granted leave to amend.
• Rhodes v. Biomerieux, Inc.
  Del. Ch.· 2024-02-16
  The Court held that the former CEO and director of Specific Diagnostics, Inc. (Plaintiff) is entitled to advancement of expenses for defending against claims brought by bioMérieux, Inc. (Defendants) in a separate lawsuit. However, Plaintiff is not entitled to advancement for expe
• Gonzalez v. The Indep. Order of Foresters
  S.D. Fla.· 2024-02-08
  Summary judgment is granted for the defendant on all remaining claims because the written insurance policy terms govern, and the plaintiff's reliance on oral representations contradicted by the policy was not justifiable.
• Final Expense Direct v. Python Leads, LLC
  M.D. Fla.· 2024-02-07
  The court held that the defendants' motion to dismiss the amended complaint should be denied because the plaintiff's allegations, taken as true, stated plausible claims for relief, including piercing the corporate veil, breach of contract, and various torts.
• MidAmerica C2L Inc. v. Siemens Energy, Inc.
  M.D. Fla.· 2024-02-05
  The court granted Siemens' renewed motion for summary judgment, finding that the breach of warranty claim was barred by a contractual disclaimer, the fraud claims were barred by the independent tort doctrine, and the rescission claim based on failure of consideration was not reco
• Deane v. Maginn
  2022 WL 1655797· Del. Ch.· 2024-01-31
  The Court held that a release signed by members of a limited liability company (LLC) is inequitable and will not prevent those members from sharing in a post-trial damages award, as the solicitation for the release omitted material facts and the members' funds were used to purcha
• Larian v. Momentus Inc.
  Del. Super. Ct.· 2024-01-31
  The Court denied Momentus's motion for partial summary judgment, finding that material disputes of fact exist regarding the interpretation of the SAFE agreements and the Merger Agreement, the existence and enforceability of a condition precedent, and the applicability of the prev
• Driscoll v. Knellinger
  Fla. 2d DCA· 2024-01-26
  The appellate court denied a petition for certiorari, upholding the trial court's decision to deny a motion for judgment on the pleadings. The petitioner argued for absolute immunity under the litigation privilege, but the court found the alleged fraudulent conduct occurred outsi
• Silverman v. SUN Life & Health Ins. Co.
  S.D. Fla.· 2024-01-24
  State law claims for fraudulent inducement and misrepresentation are not preempted by ERISA when they challenge pre-formation representations made by an insurer acting as a seller, rather than a fiduciary, and do not seek to recover benefits under the plan.
• Parque Towers Developers, LLC v. Kurzban
  Fla. 3d DCA· 2024-01-17
  This case involves a condominium developer sued for breach of contract and fraud. The appellate court found the developer did not breach the contract by missing an estimated completion date, as the contract did not make time of the essence for the seller. The court also affirmed
• Parque Towers Developers, LLC v. Marcio Silveira Kogut
  Fla. 3d DCA· 2024-01-17
  This case involves a dispute between a condominium developer and unit purchasers over completion dates and unit square footage. The appellate court reversed a lower court's finding of breach of contract, ruling that the purchase agreements did not obligate the developer to comple
• Parque Towers Developers, LLC v. Netto
  Fla. 3d DCA· 2024-01-17
  This case involves a dispute over condominium purchase agreements. The appellate court found that the developer was not liable for breach of contract for failing to complete units by an estimated date, as the contract did not make time of the essence. However, the court also affi
• Marko Dejanovic v. Block
  388 So. 3d 907· Fla. 3d DCA· 2024-01-10
  A partial final judgment authorizing immediate execution must be quashed when the resolved claims and pending claims rely on the same operative facts and are intertwined, as execution would cause irreparable harm and constitute a departure from the essential requirements of law.
• Local Access, LLC v. Peerless Network, Inc.
  M.D. Fla.· 2023-12-15
  The court held that the contract unambiguously required outbound services, but lost profits from collateral contracts were barred by a limitation of liability clause and were too speculative. The contract was found ambiguous regarding exclusivity, and fraudulent inducement claims
• Anderson v. Greenhouse Solar & Air, Inc.
  M.D. Fla.· 2023-12-12
  The court held that arbitration agreements are valid and enforceable, and that claims arising from the contracts are subject to arbitration, while shotgun pleadings warrant dismissal.
• Jeanty v. Antillean Marine Shipping
  S.D. Fla.· 2023-12-07
  The court held that the Carriage of Goods by Sea Act (COGSA) applies because the parties contractually agreed to extend its coverage to the pre-shipment period, even though no specific bill of lading was issued for the truck.
• Bre v. Aguirre
  S.D. Fla.· 2023-12-01
  The court held that the child's habitual residence is the United States, and therefore, relief under the Hague Convention is not available.
• Hardin v. Oakley Transp. Inc.
  M.D. Fla.· 2023-11-30
  The court held that requests for broad financial documentation and other drivers' financial information were irrelevant, overbroad, and not proportional to the needs of the case, while granting requests for the plaintiff's own personnel file and payroll records.