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M.D. Fla.·
2024-02-16
Kylie McKenzie, a young tennis player recruited into the USTA's training program, sued the United States Tennis Association for negligent retention and supervision, battery, intentional infliction of emotional distress, negligence, and punitive damages following a sexual assault
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S.D. Fla.·
2023-08-10
The court adopts the magistrate judge's report and denies the motion to dismiss, finding the plaintiffs adequately alleged their claim for aiding and abetting conversion.
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M.D. Fla.·
2023-04-24
The court held that the plaintiff plausibly alleged claims for negligent supervision and retention, battery, intentional infliction of emotional distress, and negligence, and thus denied in part and granted in part the motion to dismiss.
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S.D. Fla.·
2023-04-13
A shareholder derivative suit against Eastern National Bank directors alleged breaches of fiduciary duties and violations of regulatory consent orders. The court granted a motion to disqualify attorney Michael Diaz from representing defendants because he had previously represente
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S.D. Fla.·
2023-04-05
Sunshine Children's Learning Center sued Waste Connections of Florida for breaching a commercial waste collection contract by imposing rate increases without providing the required written notice and breaching the implied covenant of good faith and fair dealing. The court denied
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Fla. 2d DCA·
2022-12-05
The appellate court denied American Home Assurance Company's (AHAC) petition for certiorari review of a pretrial discovery order. AHAC argued that certain documents were protected by attorney-client privilege, but the court found that the trial court did not depart from the essen
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Del. Ch.·
2021-11-12
The General Partner breached the Partnership Agreement by exercising the Call Right without satisfying the Opinion Condition and the Acceptability Condition. The Opinion Condition was not met because the legal opinion was contrived and not rendered in good faith, relying on count
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S.D. Fla.·
2021-01-06
The court held that a genuine issue of material fact exists regarding whether the plaintiff worked overtime without compensation and whether the defendants knew or should have known about this overtime, thus denying the motion for summary judgment.
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S.D. Fla.·
2020-11-18
The court held that MasTec sufficiently pleaded Cobra's direct involvement in misconduct but failed to adequately plead Mammoth's liability under alter ego or agency theories. The court also found MasTec failed to plead proximate cause for mobilization costs and a claim under Pue
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M.D. Fla.·
2020-10-05
On-call time is not compensable under the FLSA if restrictions do not severely limit personal activities, and a genuine dispute of material fact exists regarding whether an employer knew or should have known about an employee's uncompensated overtime hours.
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Del. Ch.·
2019-01-07
The court denied the defendants' motions to dismiss. The court found that it had personal jurisdiction over defendant Mammano, that the plaintiffs adequately stated claims for breach of fiduciary duty, aiding and abetting, and trade secret misappropriation.
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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. Ch.·
2018-07-31
The Court granted in part and denied in part the Defendants' motion to dismiss. The Court held that the Stock Purchase Agreement contained an effective anti-reliance clause, precluding claims for extra-contractual fraud. However, claims for fraud based on specific representations
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Del. Ch.·
2018-02-20
The Court of Chancery denied defendants' motion to dismiss a derivative complaint alleging breach of fiduciary duties and aiding and abetting breaches of fiduciary duty. The court found that the plaintiff had sufficiently pleaded particularized facts to create a reasonable doubt
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Del. Ch.·
2017-05-03
The Court of Chancery denied the motion to dismiss the indemnification claim (Count I), finding the Stock Purchase Agreement ambiguous regarding whether contractual limitations on recovery apply to claims based on fraudulent representations by the Company. The Court granted the m
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Del. Super. Ct.·
2015-09-29
The Delaware Superior Court granted summary judgment for the defendants, finding that the plaintiff corporation, Gateway Estates, Inc., had waived its right to challenge a sheriff's sale due to inexcusable delay after acquiring actual knowledge of the sale. The court also held th
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Del. Ch.·
2015-02-24
The court granted the Liquidators' motion to intervene, finding they met the requirements for intervention as of right. The court also granted the Liquidators' motion for a protective order, determining that the disputed discovery documents are protected by Delaware's work produc
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Del. Ch.·
2014-11-17
The court held that Related Sub breached the implied covenant of good faith and fair dealing by failing to act as a neutral custodian of disputed funds and by orchestrating their release as part of a quid pro quo. The court further held that Related Parent tortiously interfered w
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Del. Super. Ct.·
2014-04-14
The Court granted the defendants' motion to dismiss, holding that the plaintiffs' legal malpractice claims were barred by the statute of limitations. The court found that neither plaintiff, Gray nor RRI, could demonstrate blameless ignorance of the facts constituting the alleged
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Del. Ch.·
2014-03-21
The Court of Chancery denied RB Entertainment Ventures, LLC's motion to intervene in a delinquency proceeding against Indemnity Insurance Corporation, RRG. The court found that intervention would be futile because RB Entertainment's proposed answer failed to contest the substanti
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Del. Ch.·
2013-03-15
The Court held that the deed restrictions prohibiting propane tanks over 20 pounds capacity were enforceable against Cooter Sunrise, LLC. The Court found that Cooter had constructive notice of the restrictions, that the restrictions were clear and unambiguous, and that they were
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65 So. 3d 1193·
Fla. 4th DCA·
2011-07-27
The court reversed dismissal of a fraud counterclaim in consolidated foreclosure cases, holding that fraud claims based on information in a property's chain of title must be resolved on a case-by-case basis rather than through categorical preclusion under a bright-line rule.
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Del. Ch.·
2009-02-27
The Court granted summary judgment for the defendants, finding that the plaintiff's claim for reformation of contract failed because the attorney who agreed to the amendment had the authority to bind the plaintiff, and his alleged conflict of interest was insufficient to preclude
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962 So. 2d 945·
Fla. 1st DCA·
2007-07-20
Blue Stone Real Estate and claimant David Ward appeal a workers' compensation order finding that claimant's employment with Matrix Employee Leasing was terminated in October 2004 and therefore Matrix had no obligation to provide benefits for a December 2004 work injury. The First
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122 F. Supp. 2d 1325·
M.D. Fla.·
1999-08-06
The court held that the breach of a navigational limits warranty in a marine insurance policy releases the insurer from liability, even if compliance would not have prevented the loss.
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738 So. 2d 479·
Fla. 1st DCA·
1999-08-03
The Special Disability Trust Fund appeals a workers' compensation decision requiring it to reimburse an employer and carrier for benefits paid after an employee's second injury. The court reverses, holding that the employer failed to present competent, substantial evidence that i
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991 F. Supp. 1440·
M.D. Fla.·
1997-09-10
The court held that disqualification of co-counsel is not warranted when there is no actual disclosure of confidences and no substantial risk of imputed knowledge between separate firms, even if they collaborate.
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213 B.R. 406·
S.D. Fla.·
1997-08-01
The court held that the statute of limitations barred the trustee's claims because the knowledge of the bank's officers and directors was imputed to the trustee, and no exceptions applied.
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655 So. 2d 1225·
Fla. 1st DCA·
1995-05-25
The court held that the Judge of Compensation Claims erred in denying attendant care and misidentifying the date of permanent total disability acceptance, but did not err in ruling on average weekly wage.
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637 So. 2d 1010·
Fla. 2d DCA·
1994-06-08
Brett Clark was arrested by Officer Dodd in December 1992 based on a mistaken belief that Clark had an outstanding warrant. Drugs were found during a search incident to arrest. Clark challenged the arrest as lacking probable cause and suppression of the drugs. The court reversed,
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633 So. 2d 1114·
Fla. 3d DCA·
1994-02-15
The court held that a juvenile's speedy trial rights are not violated when the juvenile's counsel is present at hearings where new trial dates are set, even if the juvenile is not personally served.
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998 F.2d 770·
9th Cir.·
1993-07-30
The court held that Belanger and Roberto's convictions for the overall conspiracy to distribute marijuana must be reversed due to insufficient evidence of their knowledge of the conspiracy's scope, while Umagat's convictions for both import and distribution conspiracies are affir
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995 F.2d 611·
5th Cir.·
1993-07-19
The court held that the D'Oench, Duhme doctrine bars fraudulent inducement claims against the FDIC, but vacated summary judgment on legal malpractice claims for the Five Investors and the RTC, remanding for further factual determination on the existence of an attorney-client rela
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991 F.2d 216·
5th Cir.·
1993-05-20
The court held that the FDIC's legal malpractice claims were time-barred because the knowledge of the controlling shareholder, Adams, was imputed to the corporations, and the discovery rule did not apply. The FDIC's status as receiver did not grant it special protection from impu
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983 F.2d 609·
5th Cir.·
1993-01-26
The Sixth Amendment right to counsel does not attach until formal adversary judicial proceedings have been initiated, and therefore, the government's conduct in taping conversations before indictment did not violate this right.
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970 F.2d 1516·
6th Cir.·
1992-07-21
The dissenting judge would hold that the debt collector's post-judgment letter did not violate the FDCPA's validation notice or disclosure requirements, and that the case should not have been brought due to lack of damages.
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599 So. 2d 775·
Fla. 1st DCA·
1992-06-09
Bristol Myers and its workers compensation carrier appealed a JCC order awarding the claimant retroactive attendant-care benefits from hospital discharge. The appellate court affirmed most of the order but reversed the retroactive attendant-care award, finding insufficient eviden
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969 F.2d 603·
8th Cir.·
1992-05-27
The district court erred in invoking equitable estoppel as a defense when it was neither pleaded nor tried by implied consent.
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930 F.2d 240·
2d Cir.·
1991-04-11
The court held that a party cannot recover on contracts that are part of a scheme to violate U.S. law, and that a party's knowledge of illegality is imputed from its agent.
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909 F.2d 1577·
11th Cir.·
1990-09-04
The court held that the evidence did not support a finding of intentional fraud by the insurer, as required for compensatory and punitive damages under Alabama law.
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913 F.2d 7·
1st Cir.·
1990-08-30
The court held that the Purchase and Sale Agreement remained enforceable until the foreclosure sale, and that the district court correctly determined the priority of claims and Slinger's personal liability.
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561 So. 2d 1358·
Fla. 1st DCA·
1990-06-07
The appellate court reversed a trial court judgment that prioritized the insured's instructions for benefit allocation over a prior irrevocable assignment to a hospital, finding the English Rule inapplicable.
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894 F.2d 1107·
9th Cir.·
1990-01-26
The court held that attendants providing substantial domestic services or receiving significant training are not companions under the FLSA exemption and are entitled to minimum wage coverage.
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887 F.2d 308·
D.C. Cir.·
1989-10-13
The court affirmed the National Labor Relations Board's decision, finding the company unlawfully discharged two employees for engaging in union activity.
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884 F.2d 1300·
9th Cir.·
1989-09-13
The court held that material issues of fact exist regarding whether the insured provided truthful answers and whether the insurance agent misrepresented facts, precluding summary judgment.
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876 F.2d 780·
9th Cir.·
1989-06-05
The court held that the Federal Tort Claims Act statute of limitations cannot be tolled for a minor plaintiff whose parent, despite alleged abandonment, had a duty and knowledge to file a claim within the statutory period.
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854 F.2d 1122·
8th Cir.·
1988-08-26
The court held that even if the attorney was negligent, the client's own substantial negligence barred recovery under North Dakota law.
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849 F.2d 345·
8th Cir.·
1988-06-16
The court held that summary judgment for the insurer was proper because both banks discovered the employee's dishonesty before the respective bond coverage dates, thus precluding coverage under the 'discovery' bond terms.
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826 F.2d 458·
6th Cir.·
1987-08-14
The court held that the bankruptcy trustee failed to prove the creditor had reasonable cause to believe the debtor was insolvent at the time of the transfer, thus the transfer could not be avoided as a preference.
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426 F.2d 729·
S.D. Fla.·
1987-07-17
A mortgagee in possession must compensate the owner for the use of the vessel and cannot unreasonably delay its return to market, especially when the vessel is seaworthy and ready for passage, as such delay can lead to depreciation and loss.