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S.D. Fla.·
2022-06-22
The court held that federal RICO provides for nationwide service of process, establishing personal jurisdiction over the defendant, and that the amended complaint sufficiently pleaded claims under RICO and the Florida Deceptive and Unfair Trade Practices Act.
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M.D. Fla.·
2022-06-15
The court held that the plaintiff's amended complaint failed to state a claim and was properly dismissed with prejudice because it did not correct deficiencies in the original complaint, particularly regarding the particularity required for fraud claims under Rule 9(b) and the fa
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M.D. Fla.·
2022-04-25
The court held that while personal jurisdiction exists over the defendants under RICO, venue is improper in this district, and thus the case is dismissed without prejudice.
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S.D. Fla.·
2022-04-01
The court held that a genuine issue of material fact exists regarding the reasonableness of the plaintiff's charges for maritime necessaries, precluding summary judgment.
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M.D. Fla.·
2022-03-31
The court denied the motion to dismiss for lack of personal jurisdiction against Simon Mansell and denied the motion to dismiss Artemis' counterclaim. The court also ordered a status update on service of process for Lumiere SRL.
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Del. Ch.·
2022-03-25
The court granted the motion to dismiss the breach of fiduciary duty claim against the K&L Gates Defendants. The court found that under Florida law, the plaintiff is presumed to know its contractual rights, thus negating a claim based on the defendants' failure to notify the plai
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S.D. Fla.·
2022-03-21
The court granted in part and denied in part the plaintiff's motion in limine, ruling on the admissibility of various categories of evidence and arguments for trial.
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S.D. Fla.·
2022-03-08
The court held that summary judgment is granted for equitable claims duplicative of contract claims, but denied for claims where material facts remain in dispute, such as breach of contract and unjust enrichment related to chargebacks.
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S.D. Fla.·
2022-02-08
The court granted Plaintiff's motion for entry of final default judgment, awarding compensatory damages and costs, but denied punitive damages at this stage.
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S.D. Fla.·
2022-02-08
The court denied the plaintiff's motion to modify the scheduling order to add nineteen new defendants and extend pre-trial deadlines.
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S.D. Fla.·
2022-02-07
The court granted Plaintiff's motion for entry of final default judgment on all counts, awarding compensatory damages and costs, but denied punitive damages without a trial.
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S.D. Fla.·
2022-02-01
VSI Sales and related entities sued Anthony and Angela DiSimone for breach of fiduciary duty, breach of contract, unfair competition, and conversion of assets after the defendants allegedly diverted company contracts to their competing business, Engineered Pole Structures, while
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S.D. Fla.·
2022-01-12
A plaintiff who properly invokes admiralty jurisdiction under Rule 9(h) can preclude a defendant's right to a jury trial on counterclaims arising from the same maritime contract.
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M.D. Fla.·
2022-01-06
The court granted summary judgment for the defendants on the plaintiff's claims, finding they were barred by a release in a settlement agreement, but denied summary judgment on the defendants' fraudulent inducement counterclaim due to a factual dispute.
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M.D. Fla.·
2021-12-09
The court held that the plaintiff's complaint failed to state claims with sufficient particularity and factual support, and dismissed the action.
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S.D. Fla.·
2021-12-06
The court held that the defendant's motion to transfer the action to another judge within the same district, based on the first-filed rule, is denied. The court found the instant action was filed first and no exception applied.
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S.D. Fla.·
2021-11-16
The court granted the motion to dismiss, finding it lacked both general and specific personal jurisdiction over the defendant.
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M.D. Fla.·
2021-11-05
The court held that a third-party complaint must assert that the third-party defendant is liable to the original defendant for all or part of the plaintiff's claim against the defendant, not for separate and independent claims.
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Fla. 3d DCA·
2021-10-27
An unissued or undelivered promissory note is binding on the maker under Florida Statute § 673.1051(2), and nondelivery is a defense that must be affirmatively pleaded; because the defendant failed to raise nondelivery as an affirmative defense, the notes were enforceable.
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S.D. Fla.·
2021-10-25
The court granted the motion to dismiss for lack of subject matter jurisdiction because Kouri Group, a necessary and indispensable party whose presence destroyed diversity, could not be joined.
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S.D. Fla.·
2021-10-13
The court denied plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a likelihood of success on their trademark infringement claim or a clear showing for their breach of contract claims, and also failed to show irreparable harm due to their delay.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff failed to state claims for fraud, RICO, conspiracy, unjust enrichment, and rescission due to insufficient factual allegations and contradictions with the contract.
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S.D. Fla.·
2021-09-22
The court indicated it would grant the motion to dismiss for lack of subject matter jurisdiction if the appellate court relinquishes jurisdiction, finding Kouri Group to be an indispensable party whose joinder would destroy diversity.
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S.D. Fla.·
2021-09-22
The court held that the Counter-Plaintiffs' claims for fraud in the inducement and indemnification failed to meet pleading standards and were dismissed.
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Del. Super. Ct.·
2021-08-31
The Court granted in part and denied in part the motion to dismiss. The Court denied the motion as to the breach of contract counterclaim, finding that the allegations of bad faith negotiation and breach of Section 5(b) were sufficiently pleaded. The Court granted the motion as t
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Del. Ch.·
2021-08-30
The Court granted defendants' motions to dismiss all counts. The "Effect of Termination" provision in the Merger Agreement barred breach of contract claims after Yatra terminated the agreement. The implied covenant of good faith and fair dealing was inapplicable as the contract a
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S.D. Fla.·
2021-08-20
The court held that it lacked subject-matter jurisdiction because the plaintiff failed to adequately plead diversity jurisdiction.
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M.D. Fla.·
2021-07-26
The court held that a forum-selection clause in a purchase agreement is valid and enforceable, requiring transfer of a fraudulent inducement claim to the designated forum in Massachusetts.
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S.D. Fla.·
2021-07-21
The court held that the amended complaint sufficiently alleged independent torts and met the heightened pleading requirements of Rule 9(b) for fraud claims.
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S.D. Fla.·
2021-07-21
The court held that the plaintiff failed to plausibly allege the existence of a RICO enterprise and failed to plead fraud claims with the particularity required by Rule 9(b), warranting dismissal with prejudice.
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Del. Ch.·
2021-07-12
The Court of Chancery denied the Cadira Parties' motion to dismiss KGH's complaint and KGH's motion to dismiss Cadira's complaint. The court found that KGH sufficiently pleaded fraud with particularity, that Gertz breached the operating agreement, and that KGH's claims for breach
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Del. Super. Ct.·
2021-07-09
The court granted summary judgment for H&M on Savant's claims for declaratory judgment (Count I) and breach of contract (Count III), finding Savant had abandoned Count I and that Count III was duplicative. The court dismissed Savant's claim for declaratory judgment regarding proc
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M.D. Fla.·
2021-06-30
The court held that the plaintiffs have stated plausible causes of action sufficient to survive a partial motion to dismiss, allowing them an opportunity to prove their claims.
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S.D. Fla.·
2021-06-29
The court held that plaintiff failed to state a claim for declaratory judgment, breach of contract, or fraud in the inducement because the insurance policy required direct physical loss or damage, which was not alleged, and the fraud claim lacked particularity.
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M.D. Fla.·
2021-06-23
The court granted in part and denied in part SECO's motion to compel discovery, ordering production of certain schematics and payment documents, requiring responses to specific admissions, and denying the motion for other requests due to lack of clarity.
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Del. Ch.·
2021-06-23
The Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court denied dismissal for claims of reformation, declaratory judgment, and breach of the implied covenant of good faith and fair dealing. The court granted dismissal for claims of willful
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M.D. Fla.·
2021-06-21
The court granted the motion to dismiss the second amended complaint as a shotgun pleading, dismissing it without prejudice and without leave to amend.
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Del. Ch.·
2021-06-16
The court found that Albert Adriani fraudulently induced Sehoy Energy LP and Dean Ketcham to invest in his fund, Focus Fund. Adriani misrepresented the fund's investment strategy, leading the plaintiffs to believe it would invest in publicly traded securities, when in reality, he
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Del. Ch.·
2021-06-07
The Court of Chancery denied in part Defendant's motion to dismiss, allowing the breach of contract claim concerning the intent to avoid the earnout to proceed. The Court granted the motion to dismiss the claims for breach of the implied covenant of good faith and fair dealing, f
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S.D. Fla.·
2021-06-04
The court held that the Nominee Agreement is not void as a matter of law and that the plaintiff has plausibly alleged claims for declaratory judgment, fraudulent inducement, and unjust enrichment.
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S.D. Fla.·
2021-05-26
The court held that fraud claims (Counts 2-13) are barred by the independent tort doctrine because the alleged misrepresentations were not separate from the contract's breach. Unjust enrichment claims (Counts 14-15) are also dismissed as an express contract governs the dispute.
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Del. Ch.·
2021-05-25
The Court dismissed the Plaintiffs' action and entered judgment in favor of the Defendants due to the Plaintiffs' repeated and willful failure to comply with discovery orders, their spoliation of evidence, and the resulting prejudice to the Defendants. The Court found that no san
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S.D. Fla.·
2021-05-13
The court held that a motion to stay discovery pending resolution of a motion to dismiss is generally disfavored and requires a strong showing of good cause, which was not met in this case.
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M.D. Fla.·
2021-05-06
The court held that the third amended complaint adequately pleaded fraudulent inducement against the defendant, denying the motion to dismiss.
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M.D. Fla.·
2021-04-30
The court held that the marina owner was entitled to summary judgment on its breach of contract claim because the defendant materially breached the agreement by failing to pay for damages caused by an oil spill, and the defendant's affirmative defenses did not raise genuine issue
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Del. Ch.·
2021-04-23
The court awarded damages of $38.2 million, plus pre-judgment interest, to Millennium Pharmaceuticals, Inc. for fraud committed by Harpoon Therapeutics, Inc. The damages represent the difference in value between the investment Millennium believed it was making with a broad non-co
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Fla. 5th DCA·
2021-04-08
McIntosh Fish Camp and Susan Monroe appealed summary judgment dismissing their fraud-based counterclaims against the Colwells in a dispute over the purchase of commercial real estate containing a fish camp. The Fifth District Court of Appeal reversed in part, holding that genuine
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Del. Super. Ct.·
2021-04-07
The Delaware Superior Court denied the defendant's motion to dismiss, finding that the plaintiff's claims were properly brought in Delaware under the Unit Asset Purchase Agreement's (UAPA) forum selection clause, which also waived forum non conveniens arguments. The court also he
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Del. Super. Ct.·
2021-04-01
The court denied the motion to dismiss the second amended complaint. Specifically, the court found that the plaintiff sufficiently pleaded a claim for fraudulent inducement, as well as claims for breach of warranties and representations, and breach of contract. The court determin
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M.D. Fla.·
2021-03-31
The court held that the fraud claims were inextricably intertwined with the breach of contract claims and thus dismissed, while the breach of contract claim and claim for declaratory relief were allowed to proceed.