-
Del. Super. Ct.·
2023-11-29
The appellate court affirmed the grant of summary judgment to the insurer, holding that the touring productions failed to demonstrate "direct physical loss or damage" to their property as required by their insurance policies. The court found that the COVID-19 pandemic and resulti
-
S.D. Fla.·
2023-10-23
The court held that payment of the documentary stamp tax is not a condition precedent to enforcing an unsecured promissory note under Florida law.
-
S.D. Fla.·
2023-10-10
The court held that an arbitration clause incorporating AAA rules requires an arbitrator, not an AAA administrator, to decide gateway questions of arbitrability, including the application of a protocol.
-
Del. Super. Ct.·
2023-09-27
The Court found in favor of NewWave on most claims, including breach of contract, fraud in the inducement, declaratory judgment regarding escrow funds, tortious interference, defamation, and breach of the Earn-Out Agreement. The Court denied summary judgment on several claims due
-
S.D. Fla.·
2023-09-26
The court granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims for fraudulent inducement, constructive trust, indemnification, subrogation, civil conspiracy, and civil theft. The court denied dismissal for breach of contract and unjust
-
Fla. 4th DCA·
2023-09-13
The appellate court affirmed the lower court's denial of a motion to dismiss for lack of personal jurisdiction. The court found the plaintiff met the burden to establish long-arm jurisdiction and sufficient minimum contacts for due process. However, the court lacked appellate jur
-
Del. Ch.·
2023-09-07
The court denied the SPAC's request for specific performance to compel the target company to close a de-SPAC transaction. Despite assuming the target breached its obligations and that money damages would be inadequate, the court found specific performance unavailable due to sever
-
S.D. Fla.·
2023-08-24
The court denied the plaintiff's motions for judgment as a matter of law and for a new trial, finding that the jury's verdict was supported by the evidence and that the procedural and substantive arguments raised by the plaintiff lacked merit.
-
S.D. Fla.·
2023-08-15
The court held that it lacked subject matter jurisdiction because the complaint failed to allege a basis for federal jurisdiction or sufficient facts for diversity jurisdiction.
-
Del. Super. Ct.·
2023-08-11
The Delaware Superior Court denied the defendant's motion to dismiss the claim for tortious interference with prospective contractual relations, finding that the plaintiff had sufficiently alleged that the defendant exerted improper economic pressure as part of a scheme to take o
-
Del. Ch.·
2023-08-10
The Delaware Court of Chancery entered judgment in favor of Promise Easy on claims for violation of the Delaware Securities Act, breach of contract, and fraudulent inducement. The court found that the promissory note constituted a security, that Dr. Moon knowingly misrepresented
-
M.D. Fla.·
2023-08-09
Smart Communications Holding, Inc. sought damages against Correct Solutions, LLC for breach of contract and related claims arising from their agreement to provide inmate communications services at correctional facilities. The court granted summary judgment in favor of CSG on seve
-
Fla. 4th DCA·
2023-08-02
A fraud in the inducement claim added by amended complaint more than four years after the alleged fraud occurred does not relate back to earlier complaints and is time-barred under Florida Statute § 95.11(3)(j).
-
M.D. Fla.·
2023-07-28
The court held that motions to strike affirmative defenses are granted in part and denied in part, striking some defenses, treating others as denials, and denying motions to strike for others.
-
Del. Super. Ct.·
2023-06-28
The Court held that the 'Replacement Cost Value' provision in the moving contract between the plaintiff and the subcontractor was valid and enforceable. Consequently, the plaintiff's recovery for damages was limited to $20,000. The Court also found that the contractor did not bre
-
S.D. Fla.·
2023-06-13
The court held that the plaintiff failed to establish a fair nexus between his claims and the properties, thus the notices of lis pendens were improperly filed and must be discharged.
-
Del. Super. Ct.·
2023-06-08
The Delaware Superior Court found that Allergan breached the Asset Purchase Agreement (APA) by failing to account for and turn over 131 units of SERI trunk stock, awarding Sofregen $393,000 in damages. The court also found in favor of Sofregen on Allergan's counterclaim for breac
-
Del. Ch.·
2023-05-31
The Court of Chancery held that Braga Investment failed to establish its claims for fraudulent inducement and breach of contract. The court found that Braga Investment, a sophisticated investor, could not claim fraudulent inducement when it had the opportunity to review the final
-
Fla. 3d DCA·
2023-05-31
The court reversed summary judgment on the primary contract dispute because the AEIA contained ambiguities regarding the exact scope and location of improvements to Charthouse Drive, precluding summary judgment and requiring jury determination of the parties' intent. The court re
-
Del. Ch.·
2023-05-15
The Court of Chancery denied the defendant's motion to dismiss for lack of subject matter jurisdiction, finding that the arbitration provision in the separation agreement did not divest the court of jurisdiction. However, the court granted the defendant's motion to dismiss for fa
-
Del. Ch.·
2023-05-01
The Court of Chancery recommended granting the motion to dismiss in part and denying the motion to amend. Counts for breach of the implied covenant, promissory estoppel, and specific performance were recommended for dismissal. Claims for breach of the written agreement and fraudu
-
Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted summary judgment for defendants Bodie and Oak View Group, finding no genuine issue of material fact regarding their alleged breaches of fiduciary duty, aiding and abetting, or civil conspiracy. However, the court denied summary judgment for
-
Del. Super. Ct.·
2023-03-24
The Superior Court properly denied the defendant's motion to dismiss the plaintiff's declaratory judgment claim, finding that the law of the case doctrine dictated that Delaware was the proper forum. However, the Court of Chancery lacked subject matter jurisdiction over the plain
-
Del. Super. Ct.·
2023-03-15
The court granted summary judgment in favor of NewWave on the claim that NewWave breached Section 4.7 of the Stock Purchase Agreement (SPA), finding that the SPA did not require NewWave to maintain funds for future contingent obligations. The court also granted summary judgment a
-
Fla. 4th DCA·
2023-03-01
A trial court does not abuse its discretion in granting summary judgment when the plaintiff fails to submit sworn statements or competent record evidence opposing the motion, as required by Florida Rule of Civil Procedure 1.510(c)(1).
-
Fla. 4th DCA·
2023-03-01
-
S.D. Fla.·
2023-02-28
The court held that the second lawsuit was dismissed with prejudice for improper claims splitting because it arose from the same nucleus of operative facts and involved parties in privity with those in the first lawsuit.
-
S.D. Fla.·
2023-02-28
RediBag, a commercial goods supplier, sued defendants for approximately $9.1 million in damages after discovering that hand sanitizer it purchased and resold during the COVID-19 pandemic was manufactured using methanol-contaminated Mexican alcohol rather than the FDA-approved Ame
-
S.D. Fla.·
2023-02-21
The court held that disputed issues of material fact exist regarding the plaintiffs' claims of intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, and proximate cause of damages, precluding summary judgment.
-
Del. Super. Ct.·
2023-02-13
The Delaware Superior Court granted summary judgment for Columbus Life Insurance Company, declaring two life insurance policies void ab initio due to a lack of insurable interest under 18 Del. C. 2704, as they were funded by nonrecourse loans and the insureds did not pay the prem
-
Del. Ch.·
2023-01-31
The appellate court affirmed the trial court's judgment, holding that the petitioner failed to prove his claims for reformation of the trust agreement by clear and convincing evidence. The court found that the petitioner did not demonstrate a specific intent regarding the Trust P
-
M.D. Fla.·
2023-01-23
The court dismissed the plaintiff's complaint without prejudice because it was a quintessential shotgun pleading, and denied the motion for preliminary injunction as moot.
-
Fla. 3d DCA·
2023-01-18
-
Fla. 4th DCA·
2022-12-21
The appellate court reversed a grant of summary judgment, holding that a corporate officer who actively participates in a fraud can be held personally liable, even when signing documents in his corporate capacity. This decision clarifies that corporate officers are not shielded f
-
S.D. Fla.·
2022-12-14
The court granted summary judgment for the plaintiff on the defendant's counterclaim, finding it lacked merit, but denied the plaintiff's request for attorney's fees under Florida's Anti-SLAPP statute.
-
M.D. Fla.·
2022-11-15
A valid and enforceable forum-selection clause dictates the venue for claims between the contracting parties, even if other parties are involved in the litigation.
-
M.D. Fla.·
2022-11-14
The court granted summary judgment for the plaintiff on all counts, finding the defendant's conduct warranted rescission of a prior settlement and awarding substantial damages, including punitive damages.
-
S.D. Fla.·
2022-11-07
The court held that a Rule 12(c) motion is an improper vehicle for challenging venue, and the defendant waived the venue defense by failing to raise it in its initial responsive pleading. The court also struck the defendant's affirmative defenses.
-
Del. Super. Ct.·
2022-11-03
The court held that anti-reliance and non-recourse provisions in a contract do not necessarily bar a fraud claim at the motion to dismiss stage if the plaintiff adequately pleads that a non-signatory party was knowingly complicit in the fraudulent representations. The court also
-
Del. Ch.·
2022-10-26
The Court of Chancery denied the defendants' motion to dismiss the fraudulent inducement claim, finding that the plaintiff had adequately pleaded the elements of the claim and that contractual provisions did not bar the action. The court held that while Rule 9(b) requires particu
-
S.D. Fla.·
2022-10-26
The court held that it lacked subject matter jurisdiction and must abstain from exercising jurisdiction under Younger v. Harris principles.
-
S.D. Fla.·
2022-09-08
The court held that removal was proper because diversity jurisdiction existed and the plaintiff's actions constituted bad faith, thus allowing removal beyond the one-year statutory limit.
-
Del. Super. Ct.·
2022-08-29
The court affirmed in part and reversed in part the lower court's decision. The court held that Aluminum failed to prove its breach of contract claims regarding the annealing racks and Jack White's services due to non-compliance with notice provisions and failure to establish bre
-
Del. Ch.·
2022-08-26
The Delaware Court of Chancery granted in part and denied in part motions to dismiss. The court dismissed most fraud claims against various defendants due to impermissible group pleading but allowed fraud claims against New Mountain. Breach of contract claims related to a Billing
-
Fla. 3d DCA·
2022-08-17
A complaint establishes personal jurisdiction under Florida's long-arm statute when it alleges that the defendant was a resident of the forum county and lived at the disputed Florida property during the relevant period, and the defendant's affidavit fails to contest these factual
-
M.D. Fla.·
2022-08-05
The court held that the plaintiff engaged in improper claim-splitting by filing a new lawsuit for non-patent claims that arose from the same transaction or series of transactions as claims already litigated or that could have been litigated in a prior, pending action.
-
S.D. Fla.·
2022-07-27
The court granted summary judgment for the plaintiff on several affirmative defenses, including waiver by selective enforcement and competition privilege, but denied it on waiver by public disclosure and fraudulent inducement based on alleged false statements.
-
Fla. 4th DCA·
2022-07-06
-
Fla. 4th DCA·
2022-07-06
Maroone Chevrolet appeals a trial court judgment awarding German Alvarado $36,406.67 in damages for violations of Florida consumer protection statutes related to the purchase of two vehicles. The court reverses damages awards on counts involving section 501.976 FDUTPA violations
-
S.D. Fla.·
2022-06-28
The court denied plaintiffs' motion for partial summary judgment, finding genuine disputes of material fact regarding alleged breaches of the Licensing Agreement and whether those breaches were material enough to warrant termination.