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Del. Ch.·
2021-03-30
The Court stayed the Delaware action pending resolution of the overlapping New York action, finding that the two complaints violated the rule against claim splitting. The Court reasoned that both actions arose from a common nucleus of operative facts and a connected series of tra
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S.D. Fla.·
2021-03-30
A motion to dismiss under Rule 12(b)(3) is not the proper procedural vehicle to enforce a forum selection clause; the correct mechanism is a motion to transfer venue under 28 U.S.C. § 1404(a).
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M.D. Fla.·
2021-03-26
The court held that it lacked diversity jurisdiction because the plaintiff failed to establish that defendant Navan, a key party for diversity purposes, was domiciled in Louisiana, and therefore, the LLC was also not diverse.
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S.D. Fla.·
2021-03-24
The court held that the fraud in the inducement claim was sufficiently particular against Vital Motion, Inc. and David Lovenheim, but dismissed claims against other officers and directors for lack of particularity. Aiding and abetting fraud and conspiracy claims were dismissed ag
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Del. Ch.·
2021-03-23
The Court granted SPay's motion for a preliminary anti-suit injunction, finding that the forum selection clause in the asset purchase agreement (APA) was enforceable and required both the fraudulent inducement claim and the declaratory judgment claim regarding the Restrictive Cov
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Del. Super. Ct.·
2021-03-10
The Court granted the defendant's motion to dismiss, holding that the plaintiff's breach of contract claim was time-barred by a one-year contractual limitations period in the Stock Purchase Agreement. The Court further held that the plaintiff's fraud claim failed because it was n
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S.D. Fla.·
2021-02-25
The court denied the defendants' motion to dismiss for lack of personal jurisdiction, finding sufficient minimum contacts with Florida under the state's long-arm statute and due process.
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M.D. Fla.·
2021-02-18
The court held that the second amended complaint was a shotgun pleading and dismissed it sua sponte, denying the defendant's motion to dismiss as moot.
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M.D. Fla.·
2021-02-16
The court held that the negligence counterclaim is barred by Florida's independent tort doctrine because the alleged duty arises from the contract, and that the motion to strike the affirmative defense is denied as it raises substantial legal questions.
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S.D. Fla.·
2021-02-11
The court denied the defendants' motion to dismiss the third amended complaint, finding that the fraud, breach of contract, and unjust enrichment claims were sufficiently pleaded to survive dismissal.
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Fla. 3d DCA·
2021-02-03
A mandatory forum selection clause in an online escrow agreement is valid and enforceable where the clause is prominently displayed and readily available for review, and the party had notice of its existence through emails and the website interface. Claims for fraud in the induce
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Del. Super. Ct.·
2021-01-26
The court denied Syneos' motion to dismiss Odonate's breach of contract counterclaim, finding that Rule 12(b)(6) does not permit piecemeal dismissal of individual theories within a single claim. However, the court granted Syneos' motion to dismiss Odonate's counterclaims for brea
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S.D. Fla.·
2021-01-20
The court held that valid forum selection clauses in the parties' agreements mandate transfer of the case to the Southern District of Florida.
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S.D. Fla.·
2021-01-15
The court held that the plaintiff failed to state a plausible claim for relief under RICO, FDUTPA, tortious interference, and fraud, primarily due to insufficient factual allegations and failure to meet heightened pleading standards.
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S.D. Fla.·
2021-01-15
The court held that Genterra sufficiently alleged breach of contract claims for breach of the right of first refusal, breach of restrictive covenants (non-solicitation, no hire, confidentiality), and dismissed the claim for injunctive relief and the claim for breach of the implie
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Del. Super. Ct.·
2021-01-13
The court granted the motion to dismiss the tortious interference claim, finding that the affiliate privilege applied and the plaintiffs failed to plead sufficient facts demonstrating bad faith by the defendant Investco. The court denied the motion to dismiss the fraud-based coun
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S.D. Fla.·
2021-01-05
The court held that the plaintiff adequately pleaded standing to enforce the promissory note and security interest, but failed to adequately plead fraud based on future promises.
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M.D. Fla.·
2020-12-10
The court denied the plaintiff's motion for reconsideration because it was untimely filed under both Federal Rules of Civil Procedure 59(e) and 60(b).
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Del. Ch.·
2020-11-30
The Court granted in part and denied in part the seller's motion to dismiss the buyer's counterclaims. The motion to dismiss the counterclaim for specific performance was denied, as was the motion to dismiss the breach of contract counterclaim without prejudice. However, the moti
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S.D. Fla.·
2020-11-24
The court affirmed the Magistrate Judge's recommendation, granting summary judgment on most claims because the oral joint venture agreement was barred by the Statute of Frauds, as it was not intended to be performed within one year and lacked a sufficient written agreement.
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S.D. Fla.·
2020-11-23
The court denied the motion for leave to file a supplemental and amended pleading.
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Fla. 3d DCA·
2020-11-12
A party cannot maintain a fraud claim when the damages sought are identical to those recoverable in a concurrent breach of contract claim; fraud damages must be independent, separate, and distinct from contract damages to be actionable.
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S.D. Fla.·
2020-11-12
The court held that an alleged oral agreement, which by its terms could not be performed within one year, was barred by the statute of frauds, precluding claims for breach of contract, fraud, fraud in the inducement, and promissory estoppel. The unjust enrichment claim failed for
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S.D. Fla.·
2020-11-12
The court held that most of the defendant's affirmative defenses were sufficiently pled to provide notice and should not be stricken, while two defenses were treated as denials rather than affirmative defenses.
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S.D. Fla.·
2020-11-06
The court held that the plaintiff's motion for leave to file a second amended complaint should be granted, as good cause existed under Rule 16 and no substantial reason warranted denial under Rule 15.
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Del. Super. Ct.·
2020-10-30
The Court denied the Counterclaim Defendants' Motion to Dismiss, finding that the Hubers' fraud, implied warranty, tortious interference, conversion, and statutory claims were sufficiently pleaded and not barred by the economic loss doctrine or statute of limitations. The Court a
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M.D. Fla.·
2020-10-27
The court held that the plaintiffs failed to state claims for fraudulent inducement, violation of FDUTPA, rescission, and civil conspiracy against Pawnee Leasing Corporation.
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M.D. Fla.·
2020-10-26
The court held that the fraud and misrepresentation claims were independent of the breach of contract claim and thus not barred by the economic loss rule, denying the motion to dismiss.
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S.D. Fla.·
2020-10-19
The court held that the plaintiff failed to plead fraud claims with particularity and that the conversion claim was not independent of the breach of contract claim.
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S.D. Fla.·
2020-10-13
The court granted the motion to dismiss, finding that the plaintiff failed to state claims for an action for accounting, fraud, violation of FDUTPA, and tortious interference.
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S.D. Fla.·
2020-10-05
The court approved the Magistrate Judge's report and recommendation, overruling objections and awarding attorneys' fees to the defendant.
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M.D. Fla.·
2020-09-29
The court granted summary judgment for Dragon Jade on Ultroid's FDUTPA counterclaim due to lack of actual damages, but denied summary judgment on Ultroid's counterclaims for rescission and fraud in the inducement, finding genuine disputes of material fact.
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Del. Ch.·
2020-09-18
The Delaware Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed the plaintiff's claims for breach of contract based on representations and warranties, breach of the implied covenant of good faith and fair dealing, and negli
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S.D. Fla.·
2020-09-14
Foreign nationals who invested millions of dollars in an EB-5 immigrant investor program allegedly run by Joseph Walsh sued the defendants for fraud, alleging their investment funds were diverted through a fraudulent "fake escrow account" at PNC Bank instead of being used for the
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M.D. Fla.·
2020-09-04
The court granted in part and denied in part the motion to dismiss, dismissing claims for FDUTPA, common law fraud, and negligent misrepresentation for failure to plead with particularity or due to the independent tort doctrine, but allowed breach of contract claims to proceed.
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S.D. Fla.·
2020-08-10
Grape Stars International, Inc., a Florida corporation, sued Canadian defendants nVentive and François Tanguay in federal court in Florida for claims arising from a failed business relationship for app development, including breach of contract, trade secret misappropriation, and
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Del. Ch.·
2020-07-31
The Delaware Court of Chancery held that the documents purporting to transfer 65% of a Delaware LLC's membership interests to an attorney were not binding contracts, as they were part of a sham transaction designed to satisfy Argentine regulations. The court found that the attorn
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Del. Ch.·
2020-07-09
The Court denied Plaintiffs' request for a declaratory judgment, holding that the Series D Manager's consent rights under Section 14.2(b)(ii) of the Operating Agreement were not triggered by the proposed issuance of Series E financing. The Court found that while amending the Oper
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Fla. 3d DCA·
2020-06-17
The court granted prohibition, ruling that the state circuit court lacked subject matter jurisdiction to hear claims that a law firm violated mediation confidentiality. The court found that the gravamen of the lawsuit was to relitigate attorney's fees already adjudicated by a fed
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Fla. 3d DCA·
2020-06-17
A state circuit court lacks subject matter jurisdiction to adjudicate a law firm's claims for damages based on alleged violation of the Mediation Confidentiality Act when the gravamen of the lawsuit is to recover additional attorney's fees that were already finally determined by
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M.D. Fla.·
2020-06-12
The court held that the plaintiff failed to state claims for tortious interference, negligent misrepresentation, and fraud, and dismissed all counts with prejudice.
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Fla. 5th DCA·
2020-06-05
When a complaint alleges a nexus to the property at issue, the trial court must hold an evidentiary hearing before discharging a lis pendens under Florida Statute § 48.23(3).
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S.D. Fla.·
2020-06-03
The court held that genuine issues of material fact regarding whether either party committed a material breach of contract, and whether such breaches excused the other party's performance, preclude summary judgment on the breach of contract claims.
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S.D. Fla.·
2020-05-20
The court held that the accounting claim was dismissed as it is a remedy, not a cause of action, and plaintiffs have an adequate remedy at law, while denying dismissal of the securities fraud and other claims.
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Fla. 3d DCA·
2020-05-13
The appellate court affirmed the trial court's dismissal of a lawsuit. The dismissal was based on a mandatory forum selection clause in a contract, requiring litigation to take place in Georgia, not Florida.
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M.D. Fla.·
2020-05-05
The court held that the third-party defendant, Randall Aungst, was entitled to summary judgment because the plaintiff failed to present evidence that Aungst made a false statement of material fact regarding the validity of a Chinese contract.
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Fla. 3d DCA·
2020-04-29
The appellate court affirmed the trial court's grant of summary judgment for Gold Coast, finding that the former Vice President, Pritchard, failed to establish a genuine issue of material fact regarding his claims of fraud and breach of contract. The court held that Gold Coast ha
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Del. Super. Ct.·
2020-04-07
The court held that Firmenich's amended complaint sufficiently distinguishes its fraudulent inducement claim from its breach of contract claim by pleading rescissory damages, and therefore denies the motion to dismiss the fraud claim. The court also affirmed that pleading claims
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Del. Ch.·
2020-04-03
The Court held that Harpoon Therapeutics, Inc. did not breach its non-compete agreement by developing its ProTriTAC molecule because it did not fall within the "Maverick Field" as defined in the Asset Transfer Agreement. The Court found the "Maverick Field" definition unambiguous
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M.D. Fla.·
2020-03-31
The Court granted the defendant's motion for judgment on the pleadings, finding the plaintiff's claims barred by res judicata and collateral estoppel due to prior litigation.