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Fla. 3d DCA·
2024-09-11
First Born Again Baptist appeals from a trial court order granting First Baptist Church of Greater Miami a temporary injunction to restore access to a church property. The court rejected First Born's res judicata defense based on a prior dismissed action and found the injunction
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Del. Ch.·
2024-09-11
The Court of Chancery found in favor of the Pleasant Hill Homeowners Association, Inc., recommending that injunctive relief be issued to remedy the homeowners' noncompliance with deed restrictions. The court held that the deed restriction regarding fence height was enforceable as
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S.D. Fla.·
2024-09-05
The court held that the arbitration clause in the contract between PCS and InteRedes applies to the dispute, and that the non-signatory defendants can enforce this clause against the plaintiffs through equitable estoppel.
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S.D. Fla.·
2024-09-04
The court granted Plaintiff's motion for default final judgment, finding Defendants liable for trademark counterfeiting and infringement.
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M.D. Fla.·
2024-09-03
The court held that service on an individual defendant's co-resident at their residential address was proper, but service on a corporate defendant by serving the registered agent's co-resident at the agent's residential address was not proper.
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M.D. Fla.·
2024-08-30
The court held that the plaintiff's emergency motion for a temporary restraining order was denied without prejudice because it failed to comply with the requirements of Federal Rule of Civil Procedure 65 and Local Rule 6.01.
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N.D. Fla.·
2024-08-22
A defendant sued in their individual capacity lacks authority to provide injunctive relief for medical treatment, but a motion to dismiss punitive damages is premature.
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M.D. Fla.·
2024-08-21
The court held that the plaintiff's emergency request for a temporary restraining order was denied because it failed to meet the procedural requirements of Federal Rule of Civil Procedure 65 and Local Rule 6.01.
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Fla. 3d DCA·
2024-08-21
A party seeking certiorari relief from denial of a motion in limine and protective order must establish irreparable harm that cannot be remedied on appeal; GMX failed to meet this jurisdictional requirement because the discovery sought was reasonably calculated to lead to admissi
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Fla. 1st DCA·
2024-08-21
A plaintiff suing a state agency under section 790.33(3)(f) for violation of the firearms preemption statute is not required to exhaust administrative remedies, including filing a rule challenge under section 120.56, because the Legislature expressly provided a judicial remedy in
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M.D. Fla.·
2024-08-16
The court held that the plaintiff sufficiently pleaded an Eighth Amendment claim for deliberate indifference but failed to state a Fourteenth Amendment equal protection claim, and that his claims for injunctive and declaratory relief were moot due to his transfer.
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M.D. Fla.·
2024-08-13
The court held that a request for treble damages under the TCPA is not a separate cause of action but an enhancement of damages, and thus Count II seeking only treble damages was dismissed.
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S.D. Fla.·
2024-08-09
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for default judgment.
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S.D. Fla.·
2024-08-09
A forum selection clause in an international agreement is presumptively valid and enforceable unless the resisting party makes a strong showing that enforcement would be unreasonable.
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S.D. Fla.·
2024-08-06
The court recommended granting summary judgment on the direct false advertising claim but denying it on the Lanham Act standing, contributory false advertising, and negligence claims.
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S.D. Fla.·
2024-08-05
The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
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S.D. Fla.·
2024-08-05
The court held that the Later Agreements' Texas forum-selection clause did not apply retroactively to the dispute, and the Earlier Agreements' Florida forum-selection clause governed, requiring transfer of the case.
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M.D. Fla.·
2024-08-05
The court held that the amended complaint was an impermissible shotgun pleading and dismissed it, but allowed claims for trademark infringement and breach of contract to proceed after repleader, finding sufficient allegations for likelihood of confusion and material breach.
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N.D. Fla.·
2024-08-02
The court held that while individual-capacity claims and official-capacity claims against some defendants are dismissed, the official-capacity claim against Secretary Dixon for injunctive relief under RLUIPA and the First Amendment survives.
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S.D. Fla.·
2024-08-02
The court held that the plaintiff failed to present sufficient evidence of trade secrets to survive summary judgment on that claim, but genuine disputes of material fact precluded summary judgment on the breach of contract claim regarding non-compete and non-solicitation provisio
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M.D. Fla.·
2024-08-01
The court held that the TCPA claim survives the plaintiff's death because the statute is primarily remedial, and that challenges to class representative adequacy are not properly raised in a motion to dismiss.
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Del.·
2024-08-01
The Delaware Supreme Court affirmed the dismissal of the appellants' claims, holding that the Court of Chancery correctly dismissed the action for lack of subject matter jurisdiction due to the absence of a reasonable apprehension of future harm. The Superior Court also correctly
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M.D. Fla.·
2024-07-30
The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a temporary restraining order and denied his motions.
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M.D. Fla.·
2024-07-26
The court held that the plaintiff lacked standing to sue under Title III of the ADA because he failed to demonstrate a real and immediate threat of future injury.
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M.D. Fla.·
2024-07-24
The court held that the plaintiff sufficiently alleged excessive force and failure to intervene claims against certain defendants, but failed to state a retaliation claim against others. Eleventh Amendment immunity applies to official capacity monetary claims.
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Del. Super. Ct.·
2024-07-23
The Superior Court reversed the City's denial of a rezoning application and remanded the matter for a new hearing. The court held that while rezoning of an individual parcel is generally considered a legislative act, in practice it resembles a quasi-judicial act, making a writ of
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N.D. Fla.·
2024-07-16
The court denied the plaintiff's motion for a temporary restraining order and preliminary injunction because the plaintiff failed to explain the significant delay in seeking emergency relief.
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M.D. Fla.·
2024-07-09
The court granted in part the motion for default judgment, awarding statutory damages and injunctive relief for copyright infringement, but held attorney's fees in abeyance pending further documentation.
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S.D. Fla.·
2024-07-08
The Court granted Plaintiff's motion for default final judgment against Defendants.
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S.D. Fla.·
2024-07-01
The court held that it should decline to exercise jurisdiction over the declaratory judgment action concerning marital property due to parallel state proceedings and that Florida must enforce an Illinois judgment under the Full Faith and Credit Clause, even if it conflicts with F
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Del.·
2024-06-28
The Delaware Supreme Court reversed the Superior Court's judgment, holding that the plaintiffs lacked standing to challenge the Permanent Absentee Statute and the Early-Voting Laws. The court found that neither plaintiff had alleged an injury in fact that was concrete, actual or
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S.D. Fla.·
2024-06-21
The court granted the plaintiff's motion for default judgment, finding that the defendants' failure to appear established their liability for trademark infringement and unfair competition.
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S.D. Fla.·
2024-06-19
A Canadian sound reduction technology company sued its former Dubai-based manager for misappropriating trade secrets and confidential information after his termination in November 2023. The magistrate judge denied the defendant's motion to dismiss for lack of personal jurisdictio
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Fla. 5th DCA·
2024-06-14
An order is not final for purposes of the 30-day attorney's fees deadline under Florida Rule of Civil Procedure 1.525 when it does not adjudicate all claims for relief, reserves ruling on fees, and leaves a petition for writ of mandamus and the issue of unlawful refusal pending f
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M.D. Fla.·
2024-06-13
The court held that it lacked subject matter jurisdiction to hear the case, as the claims were either barred by the Rooker-Feldman doctrine or failed to state a federal question, and equitable relief was foreclosed by prior state court proceedings.
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S.D. Fla.·
2024-06-11
Ladenburg Thalmann sought a temporary restraining order and preliminary injunction against Oragenics to enforce a forum selection clause against FINRA arbitration. The district court denied the motion, adopting a magistrate judge's recommendation that the plaintiff failed to demo
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Del. Ch.·
2024-05-28
The Court of Chancery held that certain "Pre-Approval Requirements" in a governance agreement were facially invalid as they contravened Delaware corporate law. Specifically, the requirement for founder approval of senior officer decisions violated DGCL Sections 141(a) and 142. Th
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M.D. Fla.·
2024-05-24
The court held that a plaintiff's request for injunctive relief is dismissed for failure to allege a threat of future injury, but other grounds for dismissal are denied, allowing the case to proceed.
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Fla. 3d DCA·
2024-05-15
When a contract is ambiguous and susceptible to more than one reasonable interpretation, summary judgment is precluded and the matter must be submitted to a fact-finder. The AEIA's incorporation of the Charthouse Drive Plans was ambiguous regarding whether Grove Bay could constru
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Del. Ch.·
2024-05-15
The Court held that the Employment Agreements (EAs) clearly and unmistakably delegate the question of substantive arbitrability to the arbitrator, including the propriety of mass claims arbitration. Therefore, the motion to dismiss filed by BuzzFeed Media Enterprises (BME) is gra
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Fla. 4th DCA·
2024-05-08
Lisa Johnson, a trust beneficiary, sought emergency injunctive relief in a probate court case to compel co-trustees to pay her expenses from trust funds. The Fourth District Court of Appeal affirmed the denial of her petition, holding that actions concerning trusts must be commen
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Del. Super. Ct.·
2024-05-07
The Court affirmed the Levy Court's decision to approve the conditional use permit for a solar farm. The Court found that the record was adequate for certiorari review and that the Levy Court did not exceed its jurisdiction, proceed illegally, or contrary to law. The plaintiffs'
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M.D. Fla.·
2024-05-06
The court denied the motion for default judgment because the plaintiff failed to adequately plead the elements of his ADA and breach of contract claims, and also raised questions about proper service and jurisdiction.
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M.D. Fla.·
2024-04-23
The court held that the parties' contract allowed for interim injunctive relief in court, even when the underlying claim was subject to arbitration.
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S.D. Fla.·
2024-04-22
The CFTC sued nine defendants for operating a fraudulent forex scheme through the fictitious web-based entity ROFX that misappropriated over $57.5 million from approximately 1,100 customers by accepting funds under false pretenses of forex trading while immediately transferring t
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Del. Ch.·
2024-04-17
The court entered judgment for the plaintiff on counts for breach of contract, declaratory judgment, and injunctive relief, finding that the defendants breached the management agreement by failing to provide the plaintiff fund with access to its books and records. The court held
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Fla. 1st DCA·
2024-04-17
The trial court properly dismissed appellant's amended complaint for declaratory and injunctive relief as time barred under the applicable statute of limitations.
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M.D. Fla.·
2024-04-16
The court adopted the Magistrate Judge's recommendation to grant Plaintiff's motion for leave to deposit funds and for discharge, while denying it in part.
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98 F.4th 1330·
11th Cir.·
2024-04-15
The court held that it should certify a question of Florida law regarding whether a prevailing-party attorney's fee provision in an easement agreement constitutes a real covenant that runs with the land and binds non-signatories to the Florida Supreme Court.
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M.D. Fla.·
2024-04-10
The court held that the complaint failed to state a claim against most defendants, but allowed the plaintiff to amend his complaint regarding claims against Dr. Miller and Nurse Uney.