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M.D. Fla.·
2020-03-26
B&G Equipment Company sued AiroFog USA for trademark infringement and unfair competition, alleging that AiroFog's sprayer copied B&G's patented design. The parties had previously settled similar claims in 2017 through a settlement agreement, but B&G alleged that AiroFog breached
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M.D. Fla.·
2020-03-13
The court held that Gregory Hilz's RICO claim fails for lack of predicate acts, but his fraud and conspiracy claims survive. The court also denied a motion for judgment on the pleadings regarding punitive damages and excluded certain expert testimony.
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M.D. Fla.·
2020-03-04
The court held that the defendant did not impliedly waive attorney-client privilege or work-product protection through its affirmative defenses, a non-privileged email disclosure, or statements in a summary judgment motion.
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M.D. Fla.·
2020-03-04
The court held that a prior order denying a motion to disqualify counsel need not be vacated even if the judge later recused herself, as the recusal was based on an abundance of caution and did not create a reasonable doubt about impartiality.
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M.D. Fla.·
2020-02-28
The court affirmed the magistrate judge's order denying the motion to compel production of E-Hounds images, finding it was not clearly erroneous or contrary to law.
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M.D. Fla.·
2020-02-27
The district court affirmed the magistrate judge's order denying motions to compel additional depositions, finding no clear error or contrary-to-law basis for overturning the magistrate's findings on good cause, proportionality, and necessity.
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Del. Ch.·
2020-02-27
The Delaware Court of Chancery awarded limited damages, finding that while defendant Hagai Tal committed fraud by failing to disclose PayPal's termination threats and a related fine, the plaintiffs failed to prove the quantum of damages proximately caused by this fraud. The court
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M.D. Fla.·
2020-02-25
PETA sued a Florida zoo (Dade City's Wild Things) alleging violations of the Endangered Species Act through improper treatment of tigers, but after the zoo owners deliberately transferred all their tigers away from the facility in violation of court-ordered discovery obligations,
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S.D. Fla.·
2020-02-25
The court granted Plaintiffs' motion for default final judgment against Ecoloblue, finding sufficient basis in the pleadings and awarding the requested damages.
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Del. Ch.·
2020-02-19
The Court granted in part and denied in part the Plaintiff's motion to strike affirmative defenses and dismiss counterclaims. Specifically, the Court granted the motion to strike the fraudulent inducement and breach of contract affirmative defenses, finding they were too attenuat
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S.D. Fla.·
2020-02-07
The court held that claims for declaratory judgment, negligent misrepresentation, fraudulent inducement, fraud, and estoppel are dismissed, while the bad faith claim is abated.
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S.D. Fla.·
2020-01-31
The court held that the plaintiff's claims for negligent misrepresentation and fraud in the inducement were barred by the merger clause in the contract and the statute of frauds, and the claim for breach of the implied covenant of good faith and fair dealing failed for lack of an
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M.D. Fla.·
2020-01-23
The court held that Kenneth Gervais is not personally liable under the Term Sheet and that American Mariculture failed to present evidence of falsity for its fraudulent inducement claim.
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M.D. Fla.·
2020-01-16
The court determined that the value of the ConvaTec Agreement, $9.2 million, was the most appropriate measure of damages for the benefit of the bargain.
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S.D. Fla.·
2020-01-08
The court held that the plaintiff's allegations of fraudulent inducement were sufficiently particular to survive a motion to dismiss, as the reference prices could be considered statements of fact due to the defendant's superior knowledge of market conditions.
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S.D. Fla.·
2019-12-26
Summary judgment is granted for defendants on most claims because no genuine dispute of material fact exists, Pennsylvania law applies, and the lease agreement's terms preclude claims for fraud and rescission. Plaintiffs' motion to strike affidavits is granted.
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S.D. Fla.·
2019-12-24
The court held that the arbitration award should be confirmed because the respondent failed to demonstrate evident partiality or imperfect execution of powers by the arbitrators.
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Fla. 4th DCA·
2019-12-18
Summary judgment was improper because genuine issues of material fact remain regarding whether the defendant prevented the plaintiff from reading the exculpatory clause or induced him not to read it through misrepresentation about the contract's scope. A party may defend against
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M.D. Fla.·
2019-12-17
The court held that abstention from exercising federal jurisdiction was inappropriate because the state and federal cases were not sufficiently parallel and the Colorado River factors did not weigh in favor of abstention.
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M.D. Fla.·
2019-12-12
Under Virginia law, tort claims arising from an attorney-client relationship are subsumed by a breach of contract claim for professional malpractice, unless based on an independent duty. Claims for breach of fiduciary duty, negligent misrepresentation, fraud, fraud in the inducem
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S.D. Fla.·
2019-12-09
The court held that genuine issues of material fact exist regarding the plaintiff's compensation scheme and whether he was properly paid overtime, precluding summary judgment on the FLSA claim and the counterclaims. However, two individual defendants were granted summary judgment
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M.D. Fla.·
2019-11-12
The court held that the defendant's failure to timely disclose a key witness's sworn statement was not substantially justified or harmless, warranting sanctions.
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Del. Super. Ct.·
2019-10-29
The Court granted in part and denied in part the defendants' motion to dismiss. The fraud claim was dismissed due to insufficient distinct damages, but the breach of contract claim survived due to factual questions regarding compliance with notice provisions. The unjust enrichmen
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S.D. Fla.·
2019-10-24
The court held that the amount in controversy was met, denying remand, and dismissed several counts of the complaint as duplicative, barred by the independent tort doctrine, or not cognizable causes of action.
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S.D. Fla.·
2019-10-11
The court held that plaintiffs failed to demonstrate good cause for seeking a third amendment to their complaint after the deadline had passed.
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Del. Ch.·
2019-09-30
The Delaware Court of Chancery held that former officers and directors of EBTH Inc. were entitled to advancement of legal fees and expenses incurred in defending an action in Ohio. The court found that the allegations in the Ohio action, which involved claims of fraudulent induce
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S.D. Fla.·
2019-09-30
Plaintiffs sued Toyota entities for allegedly concealing a defect in the heating, ventilation, and air conditioning systems of 2012-2017 Toyota Camrys that caused foul odors, alleging violations of federal RICO statutes, state consumer protection laws, and breach of warranty. The
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S.D. Fla.·
2019-09-27
The court held that the contract was unambiguous, supported by consideration, and not procured by fraud, thus granting summary judgment for the plaintiffs on their declaratory judgment claim.
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S.D. Fla.·
2019-09-20
The court held that the defendant failed to meet its burden to dismiss the case on forum non conveniens grounds, and that the plaintiff has standing to bring its claims.
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Del. Super. Ct.·
2019-09-17
The Court granted motions to dismiss claims for breach of the implied covenant of good faith and fair dealing and fraud, finding them duplicative of breach of contract claims and barred by the economic loss doctrine. The Court also granted a motion to dismiss fraud in the inducem
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S.D. Fla.·
2019-09-06
The court denied the plaintiff's emergency motion for reconsideration because it amounted to a disagreement with the court's prior reasoning and rehashed arguments already considered.
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M.D. Fla.·
2019-08-23
The court held that it lacked personal jurisdiction over the defendant because the plaintiff's fraud claim was not independent of the breach of contract claim and thus not a tortious act under Florida's long-arm statute.
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M.D. Fla.·
2019-08-21
The court held that tort claims arising from an attorney-client relationship are subsumed by contract-based legal malpractice claims under Virginia law, and that a civil conspiracy claim fails due to intracorporate immunity.
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274 So. 3d 1203·
Fla. 3d DCA·
2019-06-19
The trial court properly dismissed the complaint with prejudice because the merger agreement's integration clause precluded oral misrepresentation claims, the 2016 release agreement barred all claims against the defendants, and the assignment for the benefit of creditors transfer
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Del. Ch.·
2019-06-03
The court held that the Yeildings breached the condominium declaration's six-person occupancy limit. The court found that the declaration constituted a contract, not a deed restriction, and that the Yeildings had constructive notice of its terms. The court also rejected the Yeild
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275 So. 3d 693·
Fla. 3d DCA·
2019-05-22
Gino Falsetto and Bernard Siegel appeal a partial summary judgment dismissing their fraud counterclaim against former business partner Mitchell Liss based on a 2014 Settlement Agreement containing a broad general release. The trial court held that the release barred the fraud cla
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Del. Super. Ct.·
2019-05-07
The court granted in part and denied in part the parties' cross-motions for summary judgment. The court held that the settlement payments constituted 'Loss' under the policies. However, genuine issues of material fact precluded summary judgment on the insurers' claims regarding t
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Del. Super. Ct.·
2019-05-01
The court granted summary judgment in favor of the insurers on the bad faith counterclaim, finding that the insurers had reasonable grounds to deny coverage. The court determined that the insurers' reliance on policy provisions like the fraud exclusion, the written consent provis
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Del. Super. Ct.·
2019-03-07
The court granted the defendant's motion to dismiss several counts, including intentional misrepresentation, fraudulent inducement, negligent misrepresentation, breach of the covenant of good faith and fair dealing, Illinois Consumer Fraud Act, and gross negligence. However, the
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Del. Super. Ct.·
2018-12-14
The court denied the plaintiffs' motion for summary judgment and granted the defendants' motion for summary judgment in part. The court found genuine issues of material fact regarding claims of breach of the Asset Purchase Agreement (APA) related to disclosure of a customer's int
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Fla. 1st DCA·
2018-11-27
An employment contract with a specified term of duration is not terminable at will absent express contractual language permitting early termination, and ambiguities in the contract preclude summary judgment. When a contract's express terms (specified end dates and for-cause termi
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Fla. 1st DCA·
2018-11-27
An employment contract with a specified term of duration is not terminable at will absent express contractual language permitting early termination. Where a contract specifies an end date and lists grounds for early termination for cause, ambiguities arise when incorporated regul
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110 La. 1030·
S.D. Fla.·
2018-09-29
The court granted the motion to dismiss, finding that plaintiffs failed to adequately plead subject matter jurisdiction and several causes of action, but allowed the accounting claim to proceed.
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Del. Ch.·
2018-09-10
The court held that the defendant fraudulently induced the formation of the limited liability company and his employment agreement by making false representations about his departure from Time Warner and his personal wealth. Consequently, the court rescinded the employment agreem
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Fla. 5th DCA·
2018-08-13
The appellate court affirmed individual liability for breach of warranty by piercing the corporate veil but reversed liability for unjust enrichment and fraud because an express warranty deed existed precluding quasi-contract recovery, and the recorded mortgage in public records
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Del. Super. Ct.·
2018-07-25
The Court denied the motion to dismiss the counterclaim for fraudulent inducement. The integration clause of the Asset Purchase Agreement did not preclude the fraud claim because it lacked explicit anti-reliance language. Furthermore, the fraudulent inducement claim, pleaded in t
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Del. Super. Ct.·
2018-06-21
The court denied the defendants' motion to dismiss the fraud claim. The court found that the fraud claim, although filed outside the statute of limitations, was potentially tolled due to the defendants' alleged concealment of material information and that the claim could relate b
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Del. Ch.·
2018-06-18
The court granted Defendants' motion for partial judgment on the pleadings, ordering the release of escrow funds, and granted Defendants' motion for interim attorneys' fees. The court found that Sparton had no contractual right to withhold the escrow funds under the Merger and Es
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Del. Ch.·
2018-05-31
The Delaware Court of Chancery denied in part and granted in part the buyer's motion to dismiss the seller's claims. The court found that the seller's claims for a declaratory judgment and breach of contract regarding the escrow fund were not dismissible because the escrow agreem
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246 So. 3d 541·
Fla. 3d DCA·
2018-05-16
A seller's breach of an express warranty created by sample goods generates a genuine issue of material fact precluding summary judgment, allowing the buyer to pursue a defense and counterclaim that the seller breached first.