Fraudulent Inducement

1,995 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Alvarez v. Royal Caribbean Cruises, Ltd.
  28 F. Cas. 281· S.D. Fla.· 2012-11-27
  The court held that claims not involving personal injury, illness, or death are subject to the cruise ticket contract's arbitration clause, while personal injury claims are not arbitrable under that clause.
• L&R Saunders Assoc. v. Bank of Am.
  Del. Super. Ct.· 2012-09-12
  The court denied the defendant's motions to dismiss the plaintiffs' five amended complaints. The court found that further factual development was required to determine when the alleged breach of contract occurred, whether the defendant was obligated to return membership lists, an
• Agbl Enters., LLC v. Girlcook, Inc.
  96 So. 3d 1058· Fla. 4th DCA· 2012-09-05
  The court held that the trial court erred in admitting parol evidence to contradict the integrated lease agreement regarding completion dates for plaza renovations.
• In & for New Castle Cnty. WP Devon Assocs., L.P.
  Del. Super. Ct.· 2012-07-26
  The Court denied American Capital, Ltd.'s (ACL) motion to dismiss the tortious interference claim, finding that the plaintiff, WP Devon Associates, L.P. (WPD), sufficiently alleged that ACL's actions in causing Hartstrings, LLC to sell its assets were improper and caused WPD dama
• Demchak v. Davia
  89 So. 3d 253· Fla. 3d DCA· 2012-02-01
  The Florida Third District Court of Appeal affirmed in part and reversed in part a jury verdict in a case involving a real estate investment gone wrong. The court found sufficient evidence for fraudulent inducement but not for the full breach of contract award.
• Globetec Constr., LLC v. Custom Screening & Crushing, Inc.
  77 So. 3d 802· Fla. 3d DCA· 2011-12-28
  GlobeTec appealed the trial court's denial of its motion to compel arbitration against Custom, a non-signatory to an arbitration agreement between foreign parent companies. The court affirmed the denial but remanded with instructions to dismiss Custom's fraudulent inducement clai
• Marshall v. Karin Arnold-Dobal, D.O.
  76 So. 3d 998· Fla. 3d DCA· 2011-11-30
• Phillips v. C.A. No. 3644-VCL Stephen Hove & Firehouse Gallery, LLC
  Del. Ch.· 2011-09-22
  The Delaware Court of Chancery held that Firehouse Gallery, LLC and Eric Phillips each held a 50% voting membership interest in GnB, LLC. The court found that GnB possessed an exclusive license and an option to purchase the domain name candles.com, along with other related domain
• Claridge H, LLC v. Claridge Hotel, LC
  66 So. 3d 1049· Fla. 3d DCA· 2011-08-03
  A directed verdict cannot be granted before the non-moving party has had an opportunity to present its case-in-chief, as doing so denies due process.
• Corkscrew Mining Ventures, Ltd. v. Civil Action No. 4601-VCP Preferred Real Est. Invs., Inc.
  Del. Ch.· 2011-02-28
  The Court granted Plaintiff's motion for summary judgment, ordering specific performance of the Financing Agreement. The Court found that Defendant failed to establish the elements of its affirmative defense of fraud in the inducement, specifically lacking evidence of false state
• Hetrick v. Ideal Image Dev. Corp.
  758 F. Supp. 2d 1220· M.D. Fla.· 2010-12-21
  The court denied Ideal Image's motion for summary judgment on the Florida Deceptive and Unfair Trade Practices Act claim, finding a genuine issue of material fact regarding causation.
• Quail Cruises Ship Mgmt. Ltd. v. Agencia De Viagens CVC Tur Limitada
  732 F. Supp. 2d 1345· S.D. Fla.· 2010-08-06
  The court held that it lacked subject matter jurisdiction because the securities fraud claims failed to meet the transactional test under Morrison and the maritime tort claims failed both the locality and nexus tests for admiralty jurisdiction.
• Kalil v. Blue Heron Beach Resort Developer, LLC
  720 F. Supp. 2d 1335· M.D. Fla.· 2010-06-28
  The court held that the plaintiffs failed to establish falsity for fraudulent inducement and materiality for fraudulent concealment, entitling the defendants to summary judgment.
• KT Holdings USA, Inc. v. Akerman
  34 So. 3d 61· Fla. 3d DCA· 2010-03-24
  KT Holdings and KT Trading appealed a summary judgment dismissing their legal malpractice claim against their former law firm Akerman, Senterfitt & Eidson. The plaintiffs alleged the firm negligently failed to prevent a $4.8 million corporate jet purchased by the companies from b
• Mitsubishi Power Sys. Americas, Inc.
  Del. Ch.· 2010-01-22
  The court granted in part and denied in part Mitsubishi Power Systems Americas, Inc.'s (MPSA) motion for judgment on the pleadings. The court entered judgment in favor of MPSA on most counterclaims and affirmative defenses, finding that Babcock & Brown Infrastructure Group US, LL
• Kaufman v. Swire Pac. Holdings, Inc.
  675 F. Supp. 2d 1148· S.D. Fla.· 2009-12-18
  Summary judgment for the defendant is granted because the plaintiff could not reasonably rely on sales materials that contradicted the express terms of the purchase agreements, and no material adverse changes were made to the offering documents.
• Airborne Health, Inc. v. Squid Soap, LP
  Del. Ch.· 2009-11-23
  The court granted Airborne Health, Inc. and Weil, Gotshal & Manges LLP's motion for judgment on the pleadings, finding that Squid Soap, L.P. failed to establish claims for fraud, equitable fraud, negligent misrepresentation, and breach of contract. The court held that Airborne's
• Festa v. Ferrara
  18 So. 3d 732· Fla. 1st DCA· 2009-10-14
• Case Fin., Inc.
  Del. Ch.· 2009-08-21
  The Court held that Case Financial has standing to pursue claims against Alden for breach of fiduciary duty, as Alden owed duties directly to Case Financial as its officer and director. The Court also held that the "Crime Exception" in the Release allows Case Financial to pursue
• Anthony v. Anthony
  642 F. Supp. 2d 1366· S.D. Fla.· 2009-07-27
  The court held that the Truth in Lending Act (TILA) does not provide a remedy for a creditor's failure to make disclosures when the underlying loan documents are forgeries, as no contractual obligation was formed.
• In & for Sussex Cnty. Reserves Dev. LLC
  Del.· 2009-05-18
  The court modified its prior ruling, entering a judgment in personam against Esham and Elboim, jointly and severally, for $152,434.54 plus interest and costs, based on their fraudulent intent to induce reliance on promises of payment for letters of credit and management fees, des
• Ordziejeski v. Freudenberg
  8 So. 3d 1189· Fla. 4th DCA· 2009-04-15
  In this real estate dispute, a property seller refused to close on a contract, claiming fraudulent inducement. The buyer sued for specific performance and breach of contract, while the seller sued his realtors for fraud and breach of fiduciary duty. The court affirmed the jury's
• In & for New Castle Cnty. Commonwealth Constr. Co. v. [Unknown]
  Del. Super. Ct.· 2009-03-09
  The appellate court reversed the trial court's order vacating a foreclosure judgment and sale, finding no basis for the trial court's actions.
• Carder v. Civil Action No. 3319-VCP Carl M. Freeman Cmtys., LLC
  Del. Ch.· 2009-01-05
  The Court of Chancery held that the question of whether the plaintiff's claims fall within the scope of the arbitration clause must be decided by the arbitrator, not the court. The court found that the parties' agreement, by referencing the Construction Industry Arbitration Rules
• Richardson v. Weatherford
  997 So. 2d 1254· Fla. 5th DCA· 2009-01-02
  Richardson appealed the dismissal of his claim against Hooper, a principal and agent for CDL Group, Inc., in a case involving a loan that CDL Group alleged was usurious. Richardson claimed he was an unsophisticated lender and relied on CDL's attorney, Weatherford, to draft loan d
• Mulligan v. Frank Found. Child Assistance
  584 F. Supp. 2d 1328· M.D. Fla.· 2008-10-27
  The court held that it lacked personal jurisdiction over the defendant because the defendant's contacts with Florida were insufficient to establish minimum contacts or satisfy the Florida long-arm statute, and exercising jurisdiction would offend traditional notions of fair play
• Jones v. Jeld-Wen, Inc.
  1997 WL 629827· S.D. Fla.· 2008-06-13
  The court denied the motion for class certification because the plaintiffs failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3), as individual issues regarding causation predominated over common issues.
• McLAUGHLIN v. C.A. No. 3067-VCS Robert F. McCANN
  Del. Ch.· 2008-02-21
  The court held that the arbitration clause, by referencing the AAA Rules and providing for arbitration of a wide array of potential claims, contained clear and unmistakable evidence of the parties' intent to arbitrate the issue of arbitrability. Therefore, the court compelled arb
• Of the William B. Chandler III Chancellor
  Del. Ch.· 2008-02-07
  The court granted summary judgment for the defendant, finding no enforceable promise to refrain from obstructing the plaintiff's ocean view. The contract's merger doctrine extinguished the purchase agreement upon the deed's delivery, and even if fraud revived the contract, it con
• Wedgewood Holdings, Inc. v. Wilpon
  972 So. 2d 1044· Fla. 4th DCA· 2008-01-23
  Wedgewood Holdings appeals a trial court's award of costs and attorney's fees to the Wilpons following a non-binding arbitration of a breach of contract and fraud claim. The court reverses the costs award because the arbitrator failed to address costs despite the trial court's di
• Hart v. Chloe Zemmour and Maurice Djedou
  981 So. 2d 473· Fla. 3d DCA· 2007-12-19
  The court held that a party not named in an agreement containing an arbitration clause cannot compel arbitration of claims that sound in tort and arise from duties independent of the contract.
• Real Invs., LLC v. The Oaks Grp., Inc.
  969 So. 2d 1204· Fla. 4th DCA· 2007-12-12
  Real Investments, LLC appealed a summary judgment against it in a breach of contract and specific performance case arising from a failed real estate transaction. The court reversed, finding genuine issues of material fact existed regarding whether the seller was entitled to termi
• Brown v. Civil Action No. 3190-VCP T-Ink, LLC
  Del. Ch.· 2007-12-04
  The Delaware Court of Chancery held that it, not an arbitrator, has jurisdiction to decide substantive arbitrability because the LLC agreement's arbitration clause was narrow and did not clearly and unmistakably delegate that issue. The court granted in part and denied in part a
• Coleman v. C.A. No. 2354-VCL Blanche Newborn
  Del. Ch.· 2007-11-27
  The Delaware Court of Chancery rescinded a deed by which an elderly and disabled woman transferred her home to her sister, who was acting as her attorney-in-fact. The court found that a fiduciary relationship existed between the sisters, both due to the power of attorney and thei
• IN & FOR Sussex Cnty. Vinod Patel v. C.A. No. 1661-VCS Dimple, Inc.
  Del. Ch.· 2007-08-16
  The court held that Chetan was not entitled to an equitable ownership interest in the Land, as his claims were premised on an illegal business arrangement and his desired remedy would grant him an unfair windfall. The court further held that Vinod was entitled to a monetary judgm
• Nichilo v. Fisher
  964 So. 2d 738· Fla. 5th DCA· 2007-08-03
  Delores Nichilo appealed a circuit court order requiring her to pay rent into the court registry or vacate the property during an eviction action. The Fifth DCA affirmed, holding that the circuit court had jurisdiction over the matter and that the record was insufficient to deter
• Ambrosia Coal & Constr. Co. v. Morales
  482 F.3d 1297· 11th Cir.· 2007-04-02
  Ambrosia Coal & Construction Company appealed the dismissal of its complaint against defendants for lack of subject matter jurisdiction and failure to state a claim for civil RICO violations. The Eleventh Circuit held that diversity jurisdiction was properly established when Ambr
• IN & FOR Superior Cnty. Dennis Mehiel as Stockholders' Representative of SF Holdings Grp., Inc. v. C.A. No. 06C-01-169-JEB Solo CUP Co.
  Del. Super. Ct.· 2007-03-26
  The court held that the proceedings before the Neutral Auditor constituted a binding arbitration. Claims that were presented to and resolved by the auditor were dismissed under res judicata. However, a claim concerning the Earthshell Reserve was not addressed by the auditor and t
• Immedient Corp. v. HealthTrio, Inc.
  Del. Super. Ct.· 2007-03-05
  The court granted Plaintiff's application for attorneys' fees in part, awarding $674,382.20, plus fees for the fee application and pre- and post-judgment interest. Defendant's motion for limited discovery on the attorneys' fees issue was denied. Costs were deferred pending a form
• Maestri v. Fla. Sunrise, Ltd.
  953 So. 2d 582· Fla. 4th DCA· 2007-02-28
  Lawrence Maestri and his companies appealed a judgment in favor of landlord Florida Sunrise in a multi-party dispute involving lease space disputes and business operations. The court affirmed liability findings but reversed and remanded the damages award to recalculate remittitur
• Ruiz v. Warren Henry Automobiles, Inc.
  949 So. 2d 261· Fla. 3d DCA· 2007-02-07
  Teresa Ruiz appealed a dismissal of her claims against Warren Henry Automobiles for fraudulent inducement, negligent misrepresentation, and violations of Florida's Deceptive and Unfair Trade Practices Act. The court reversed and remanded because Ruiz was not the lessee of the veh
• Express Consolidation v. Delray Funding
  15th Cir. Ct. App. Div.· 2006-12-30
  This opinion contains two cases. In Express Consolidation v. Delray Funding, the court reversed a summary judgment for the defendant on a breach of contract claim and reversed dismissals with prejudice of fraud and indemnification counts, finding genuine issues of material fact a
• IN & FOR NEW Castle Cnty. Block Fin. Corp. v. Inisoft Corp.
  Del. Super. Ct.· 2006-10-30
  The Court denied Block's motion for summary judgment on Inisoft's trade secret, fraud, and negligent misrepresentation counterclaims, finding that further discovery was needed and material facts were in dispute. The Court granted Inisoft's motion for summary judgment on Block's e
• IN & FOR Kent Cnty. Tekstrom Inc.
  Del. Super. Ct.· 2006-07-31
  The appellate court affirmed in part and reversed in part the trial court's decision. The court affirmed the voidability of the contract due to misrepresentations, the invalidity of the liquidated damages clause as a penalty, the finding that Savla was an employee under the FLSA,
• HR Mktg., Inc. v. ROI Network, L.L.C.
  927 So. 2d 972· Fla. 4th DCA· 2006-03-29
  The court held that a fraudulently induced release does not bar claims arising from the fraud.
• IN & FOR NEW Castle Cnty. Abry P'rs V, L.P. v. C.A. No. 1756-N F&W Acquisition LLC
  Del. Ch.· 2006-02-14
  The Delaware Court of Chancery denied the seller's motion to dismiss in part, holding that while contractual limitations on liability for misrepresentation are generally enforceable between sophisticated parties, public policy prohibits a seller from insulating itself from liabil
• Virkler v. Herbert Enters., Inc.
  403 F. Supp. 2d 1141· M.D. Fla.· 2005-11-23
  The court held that the defendant's motion for summary judgment of non-infringement should be denied because genuine issues of material fact exist regarding infringement under the doctrine of equivalents, and the fraudulent inducement claim also survives summary judgment.
• Carmona v. Kenneth and Emily White
  15th Cir. Ct. App. Div.· 2005-10-25
  Norma Carmona appeals a default final judgment entered against her in a contract dispute with Kenneth and Emily White. The appellate court reversed, finding the trial court erred in denying her motion to quash service of process and motion to vacate the default because service wa
• Broward Marine, Inc. v. Palm Beach Polo Holdings, Inc.
  902 So. 2d 855· Fla. 4th DCA· 2005-05-04
  Broward Marine sold its marine business and real property to Palm Beach Polo Holdings in a transaction governed by a contract with a prevailing party attorney's fees clause. After plaintiffs sued for fraudulent misrepresentation alleged to have induced the contract, defendants pr
• Aston L. Brown v. Taylor
  889 So. 2d 1016· Fla. 2d DCA· 2005-01-05