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Del. Ch.·
2018-04-30
The Delaware Court of Chancery granted the seller's motion for summary judgment, ordering the release of escrow funds, and granted the seller and servicer's motion to dismiss the buyer's counterclaims and third-party claims. The court denied the buyer's motion for partial summary
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249 So. 3d 672·
Fla. 2d DCA·
2018-04-06
When a party signs a promissory note with clear, unambiguous signature blocks indicating both a representative capacity and an individual capacity, parol evidence is inadmissible to contradict the terms, and the party is individually liable on the note.
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Del. Super. Ct.·
2018-03-28
The Court granted in part and denied in part the defendants' motion to dismiss. The fraud claims related to the first investment and the PPM financials were dismissed, but claims related to personal use of funds and the second investment were allowed to proceed. The breach of con
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Fla. 3d DCA·
2018-01-17
The trial court erred by denying DePrince's directed verdict motion on Starboard's fraudulent inducement defense because DePrince's shipping instructions to the jewelry store were not material representations but merely logistical directives, and absent a material representation,
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Del. C.P.·
2018-01-03
The Court held that the Appellee breached the contract by failing to complete the Seller's Disclosure in accordance with the implied covenant of good faith and fair dealing. Damages were awarded to the Appellant.
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Del. Ch.·
2017-12-19
The Court granted Standard General's motion for judgment on the pleadings, holding that the Agreements were valid and enforceable when entered into and that Charney breached provisions triggering an event of default under the Notes. The Court found Charney's affirmative defenses
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Del. Super. Ct.·
2017-10-31
The Court granted the motion to dismiss as to Defendant Halbower for lack of personal jurisdiction, finding insufficient basis under Delaware's Long-Arm Statute and that Halbower was not closely related enough to the agreements to be subject to Delaware's jurisdiction. The Court
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232 So. 3d 1058·
Fla. 3d DCA·
2017-10-04
Rodney Petithomme appeals a trial court's summary judgment dismissing his claims against three family members regarding a property allegedly held in trust for him. The appellate court reverses, holding that genuine issues of material fact preclude summary judgment on Rodney's res
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Del. Ch.·
2017-09-07
The Court granted the defendant's motion to dismiss for lack of personal jurisdiction. The Court found that the plaintiff failed to establish a statutory basis for personal jurisdiction under Delaware's long-arm statute, and therefore did not reach the due process analysis.
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Del. Super. Ct.·
2017-07-31
The Court denied Express Scripts, Inc. and United BioSource LLC's motion to dismiss Bracket Holding Corp.'s amended complaint, granted Jim Stewart's motion to dismiss, and granted in part and denied in part Bracket Holding Corp. and PCP Managers LLC's motion to dismiss UBC's amen
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Del. Ch.·
2017-07-31
The Delaware Court of Chancery held that the plaintiffs, the McKennas, were barred from equitable relief due to the "unclean hands" doctrine, as they made material misrepresentations about their experience and qualifications to induce the formation of the business entities. Furth
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Del. Ch.·
2017-04-17
The court held that Counts II, IV, VI, and VII against the non-bankrupt defendants are direct claims and not subject to the automatic stay. Counts I and VIII may also be direct claims and can proceed. The court found it had jurisdiction to determine the applicability of the autom
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Del. Ch.·
2017-03-29
The Court of Chancery denied the Counter-Defendants' motion to dismiss the fraud and fraudulent inducement claims (Counts I and II), finding they were sufficiently pled with particularity under Rule 9(b). However, the court dismissed the direct and derivative breach of fiduciary
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Del. Super. Ct.·
2017-03-13
The Court granted the defendant's partial motion to dismiss, finding that the plaintiff failed to plead separate damages for its fraudulent inducement claim distinct from its breach of contract claim. Because the damages alleged for both claims were identical, the fraudulent indu
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Del. Super. Ct.·
2017-03-06
The Court denied the Defendants' Motion for Summary Judgment, finding that genuine issues of material fact exist regarding the Plaintiff's fraudulent inducement claim. The Court held that the Defendants' argument that they are not liable for their subsidiary's misrepresentations
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Del. Ch.·
2017-01-31
The Court denied the defendants' motion for partial summary judgment on the issue of the release agreement, finding that CelestialRX, not being a signatory to the agreement and not falling within the defined categories of "Releasing Parties," did not release its claims. The Court
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207 So. 3d 348·
Fla. 3d DCA·
2016-11-30
Tixe Designs appeals a trial court order allowing Green Ice to voluntarily deposit contested rent into the court registry pending resolution of a constructive eviction lawsuit. The court affirmed, holding that Florida Rule of Civil Procedure 1.600 permits voluntary deposits when
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M.D. Fla.·
2016-11-29
The court granted reconsideration in part, denying summary judgment on the fraudulent inducement claim (Count IV), but denied reconsideration on the breach of contract and inconsistent theories of recovery issues.
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Del. Super. Ct.·
2016-09-30
The Superior Court has jurisdiction over the matter. The agreement's Section 2.5 is a post-closing procedure, not a mandatory ADR requirement. The contract's exclusive remedy provision bars JCM's contractual claims (Counts I, II, III, and IV). However, JCM has validly pleaded cla
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198 So. 3d 1029·
Fla. 5th DCA·
2016-08-12
Nigerian companies appealed the dismissal of their lawsuit against a UK limited company, a Florida LLC, and a Florida resident based on mandatory forum selection clauses. The court affirmed dismissal of contract-based and fraudulent inducement claims subject to the forum selectio
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S.D. Fla.·
2016-07-18
The court held that claims against both the signatory and non-signatory are subject to arbitration, and that the question of whether conditions precedent to arbitration were met is for the arbitrator to decide.
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199 So. 3d 1035·
Fla. 4th DCA·
2016-07-13
The Florida Fourth District Court of Appeal affirmed a trial court's decision to enforce a liquidated damages clause in a real estate contract. The court held that the seller was entitled to retain the buyer's deposits as liquidated damages because the seller was ready, willing,
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193 So. 3d 60·
Fla. 3d DCA·
2016-05-04
GMI sued AFA for breach of contract and related claims, alleging it was owed compensation for procuring a sale of AFA's football media rights to Argentine government entities. The court affirmed dismissal of the action, finding that the Republic of Argentina is an indispensable p
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193 So. 3d 16·
Fla. 3d DCA·
2016-03-02
La Ley Recovery Systems, a third-party entity assigned benefits by a provider, appealed the dismissal of state-law claims against United Healthcare. The court affirmed the dismissal, holding that the health plan's explicit provision prohibiting reimbursement to third parties assi
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Del. Ch.·
2016-03-01
The Court of Chancery denied in part Kainos' motion to dismiss InTouch's counterclaims. Specifically, the court found that liability limitations in the agreement should not be decided at the pleading stage, especially when fraud is alleged. The court also held that InTouch's frau
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Del. Super. Ct.·
2016-01-27
The Superior Court granted the defendants' motion to dismiss the equitable claims (Counts VI, VII, XII, XIII, XIV, and XV) for lack of subject matter jurisdiction, as these claims fall exclusively within the jurisdiction of the Court of Chancery. The court found that the plaintif
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15th Cir. Ct. App. Div.·
2016-01-08
Tenants appealed a trial court order denying their motion to compel arbitration and mediation in an eviction action. The appellate court reversed, holding that the eviction dispute arose out of or related to the Land Contract containing an arbitration clause, and that Tenants did
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2015 U.S. Dist. LEXIS 165323·
S.D. Fla.·
2015-11-24
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178 So. 3d 525·
Fla. 4th DCA·
2015-11-04
Brian McLane, a Kentucky resident and managing member of Nostego LLC, appealed the denial of his motion to dismiss for lack of personal jurisdiction in a breach of contract and fraud action filed by ARNH in Florida. The appellate court reversed, finding insufficient minimum conta
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Del. Ch.·
2015-10-27
The Court held that the plaintiff's unconditional written resignation was invalid because it was obtained through material misrepresentations by the company's counsel, who failed to disclose that the board intended to vet potential new directors and had requested the removal of t
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177 So. 3d 89·
Fla. 5th DCA·
2015-10-16
The court held that the trial court did not err in giving a non-standard jury instruction for breach of contract because the instruction tracked the language of the contract and the plaintiff's complaint.
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Del. Ch.·
2015-10-15
The Court of Chancery of Delaware lacked personal jurisdiction over the director defendant Henry Fung and the defendant Patent Revenue Partners, LLC (PRP). The court found that Fung did not "transact business" in Delaware by forming the entity Amphus, as the Vadem BVI Board, not
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Del. Super. Ct.·
2015-06-23
The Court granted Magellan's motion to dismiss Count III for fraudulent concealment, finding Delphi failed to plead intent to induce action or reliance. The Court denied dismissal of Count IV (fraudulent billing) as premature due to a dispute over the statute of limitations and t
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166 So. 3d 939·
Fla. 4th DCA·
2015-06-17
A Florida appellate court reversed a trial court's denial of arbitration, holding that a contract's dispute resolution provisions labeled "Mediation" actually constituted binding arbitration under substance-over-form analysis. The court found that the arbitration clause applied t
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9th Cir. Ct. App. Div.·
2015-06-04
Tom Galati appealed a summary judgment order dismissing his fraud claim against West Colonial Auto and its employees over an alleged misrepresentation of a vehicle's engine type. The appellate court reversed, finding genuine issues of material fact existed regarding whether a win
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Del. Super. Ct.·
2015-05-01
The court denied summary judgment on the plaintiff's claims for severance pay and a bonus related to the second objective, finding genuine issues of material fact regarding breach of contract and fraud. However, summary judgment was granted for the defendant Carrols on claims for
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Del. Ch.·
2015-04-21
The Court of Chancery denied in part and granted in part the defendants' motion to dismiss. The court found it reasonably conceivable that the plaintiff could prove breach of contract and promissory estoppel claims related to an alleged oral agreement to renew a lease, and that t
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S.D. Fla.·
2014-10-15
The court held that a party who honestly sought and reasonably acted upon the advice of counsel in good faith is absolutely privileged, barring claims for wrongful arrest and tortious interference.
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Del. Ch.·
2014-09-22
The Court of Chancery should dismiss the buyer's complaint seeking to vacate the arbitration award. The buyer's claims of fraud in the inducement, arbitrator bias, and overreaching are either impermissible collateral attacks on the award, fail to meet pleading standards, or were
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S.D. Fla.·
2014-07-23
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2014 WL 2958600·
M.D. Fla.·
2014-07-01
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137 So. 3d 1161·
Fla. 4th DCA·
2014-04-09
The court affirmed a final judgment for the appellee, holding that while statements made by an attorney during ex-parte questioning of a potential witness were not absolutely privileged, they were protected by a qualified privilege that the appellants failed to overcome.
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849 F. Supp. 2d 1055·
M.D. Fla.·
2013-12-26
The court denied all pending dispositive motions, finding genuine disputes of material fact and plausible claims that precluded dismissal or summary judgment at this stage.
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124 So. 3d 420·
Fla. 1st DCA·
2013-10-25
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Del. Super. Ct.·
2013-09-04
The Court granted in part and denied in part Jarden's motion to dismiss Rockline's counterclaims. The claims for negligent misrepresentation and breach of the implied warranty of fitness for a particular purpose were dismissed. The claims for intentional misrepresentation, breach
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120 Oil & Gas Rep. 56·
S.D. Fla.·
2013-06-21
The court granted the government's motion for a preliminary injunction to restrain assets and denied the defendant's motion to modify the restraining order.
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Del. Ch.·
2013-05-17
The Superior Court denied the motion to dismiss the fraud claim, finding it was pled with particularity and that the individual defendants could be held liable for the company's representations. The court dismissed the bad faith breach of contract claim as duplicative of the frau
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Del. Super. Ct.·
2013-02-15
The Court denied the Defendant's Motion to Dismiss. The Court found that the choice-of-law provision in the agreement dictated Delaware law. The Court also found that the Plaintiff's claims were not barred by the statute of limitations due to tolling doctrines, specifically the d
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73 F. Supp. 418·
S.D. Fla.·
2013-02-11
The court held that the ten-year exemption under the Odometer Act applies only to disclosure requirements, not tampering provisions, and thus the tampering claims could proceed while the disclosure claim was dismissed.
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1989 WL 133746·
M.D. Fla.·
2013-01-23
The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.