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Del. Ch.·
2023-10-02
The Delaware Court of Chancery held that ITG Brands, LLC is entitled to indemnification from Reynolds American Inc. for losses associated with the Florida Judgment Liability, including Florida Judgment Interest, but not Florida Attorneys' Fees. The court denied ITG's motion for s
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M.D. Fla.·
2023-09-27
The court held that it would not exercise supplemental jurisdiction over a dispute concerning an appraisal agreement, as there was no pending breach of contract claim and an adequate remedy existed in state court.
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S.D. Fla.·
2023-09-20
A plaintiff may proceed under a pseudonym if their privacy rights, particularly concerning sensitive information and threats of physical harm, outweigh the public's interest in knowing their identity.
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S.D. Fla.·
2023-09-19
The court granted Plaintiff's motion for default final judgment, awarding statutory damages and injunctive relief against defaulting defendants for trademark counterfeiting and infringement.
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S.D. Fla.·
2023-09-18
The court held that the plaintiff failed to state a claim for relief because he did not allege an actual injury for his access to courts claim, his official capacity claim for monetary damages was barred by the Eleventh Amendment, and he failed to identify the individual responsi
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M.D. Fla.·
2023-09-15
The court held that it lacks jurisdiction to review the revocation of Plaintiff's I-140 petition because the alleged procedural errors do not fall within the narrow exception for judicial review of discretionary decisions.
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M.D. Fla.·
2023-09-15
The court held that the marriage settlement agreement created a trust, and the defendant, as trustee, breached her fiduciary duties by failing to administer the 529 plan for the beneficiary's exclusive educational benefit and by commingling funds. Summary judgment was granted in
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Fla. 2d DCA·
2023-09-15
A homeowner may bring suit against a homeowners association seeking declaratory or injunctive relief to rescind wrongfully imposed fines, even if the homeowner has not yet paid those fines and thus has not suffered monetary damages. Summary judgment cannot be granted solely on th
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Fla. 2d DCA·
2023-09-15
The appellate court reversed an order compelling arbitration, finding that the claims brought by the Limited Partners did not fall within the narrow scope of the arbitration clause in the Partnership Agreement. The clause only applied to disputes concerning the meaning or interpr
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S.D. Fla.·
2023-09-12
The court adopted the magistrate judge's recommendations, granting in part and denying in part the motion for default judgment, awarding statutory damages and injunctive relief.
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M.D. Fla.·
2023-09-07
The court granted in part and denied in part the motion for default judgment, awarding limited damages for breach of contract and granting declaratory relief regarding trademark ownership.
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Del. Ch.·
2023-09-01
The Delaware Court of Chancery found that defendant Mack breached his Restrictive Covenants Agreement (RCA) by diverting pharmaceutical development opportunities to his company, Virpax, which directly or indirectly competed with ZTlido. The court also held Virpax liable for torti
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M.D. Fla.·
2023-08-29
The court held that the plaintiffs failed to state a claim for relief under § 1983 for violations of the First and Fourteenth Amendments, and dismissed their claims for injunctive relief and punitive damages.
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Fla. 6th DCA·
2023-08-25
The appellate court reversed a lower court's decision to grant an injunction against a homeowner for property maintenance violations. The court found that the homeowners' association had an adequate remedy at law, specifically the ability to perform the maintenance itself and cha
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S.D. Fla.·
2023-08-24
The court denied the plaintiff's motions for judgment as a matter of law and for a new trial, finding that the jury's verdict was supported by the evidence and that the procedural and substantive arguments raised by the plaintiff lacked merit.
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S.D. Fla.·
2023-08-24
The court granted Plaintiff's motion for entry of final default judgment against Defendants.
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Del. Ch.·
2023-08-23
The Court of Chancery held that the plaintiff's claims challenging the 2021 director election were moot because a subsequent election had occurred and the terms of the directors elected in 2021 had expired. The court further found that the "capable of repetition, yet evading revi
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M.D. Fla.·
2023-08-18
The court denied the motion for a temporary restraining order because the plaintiff's pleading was deficient and the relevant contract clauses were not provided.
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M.D. Fla.·
2023-08-17
The court held that a plaintiff's complaint seeking a federal declaration of a state marriage's validity and enjoining state officials from requiring repudiation of that marriage as part of a treatment plan fails to state a claim.
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M.D. Fla.·
2023-08-17
The court denied plaintiff's motion for a temporary restraining order because it failed to establish the irreparable nature of the threatened injury and the impracticality of providing notice to the defendant.
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S.D. Fla.·
2023-08-16
The court held that the plaintiff sufficiently alleged standing to seek injunctive relief under Title III of the ADA, and therefore the defendant's motion to dismiss should be denied.
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S.D. Fla.·
2023-08-14
The court granted Plaintiff's motion for entry of final default judgment, awarding statutory damages, injunctive relief, and attorneys' fees and costs against defaulting defendants for trademark counterfeiting and infringement.
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M.D. Fla.·
2023-08-09
The court held that it lacked the power to enjoin arbitration proceedings, either traditionally or statutorily, and that factual disputes regarding contract existence and novation required further discovery and a trial to determine arbitrability.
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S.D. Fla.·
2023-08-08
The Court granted the motion to dismiss, holding it lacked subject matter jurisdiction because the Immigration and Nationality Act bars judicial review of decisions regarding waivers and mandamus relief was not appropriate.
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S.D. Fla.·
2023-08-07
The court held that the plaintiff failed to properly file an administrative claim for a tax refund and that the claim for injunctive and declaratory relief was barred by the Anti-Injunction Act, thus dismissing the complaint for lack of subject matter jurisdiction.
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M.D. Fla.·
2023-08-07
Summary judgment is granted for defendants because the plaintiff failed to establish as a matter of law that defendants could be held directly or vicariously liable for the unsolicited phone calls under the TCPA.
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M.D. Fla.·
2023-08-07
Craig Deligdish sued David Bender for publishing a defamatory website (DeligdishWatch.com) that made false statements about Deligdish's medical practice and business reputation, and Deligdish asserted claims for defamation, tortious interference, trade libel, and fraud. The court
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S.D. Fla.·
2023-08-06
The court held that the case must be dismissed for lack of subject matter jurisdiction because the initial agency decision was vacated and a new decision was issued, rendering the case moot and the initial decision not a final agency action.
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Fla. 1st DCA·
2023-08-02
The appellate court reversed injunctions granted against the appellants, finding that their conduct, while unneighborly, did not rise to the level of stalking required by statute. The court emphasized that stalking injunctions require proof of conduct causing substantial emotiona
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Fla. 4th DCA·
2023-08-02
The appellate court reversed a trial court's dismissal order, finding the trial court mistakenly believed the case was already resolved by a prior appellate ruling. The court remanded the case for further proceedings, emphasizing that the prior ruling only applied to different pa
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S.D. Fla.·
2023-08-01
The court held that the Princess Lida doctrine mandates dismissal of federal claims because a prior state court action had already assumed exclusive jurisdiction over the disputed property through injunctive relief.
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M.D. Fla.·
2023-07-25
The court held that the Plaintiff failed to exhaust administrative remedies for her Florida Civil Rights Act claim, but did sufficiently allege exhaustion for her Title II Civil Rights Act claim. The court also found the Plaintiff's allegations regarding disability under Title II
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S.D. Fla.·
2023-07-25
The court held that federal abstention under the Younger doctrine was appropriate, requiring dismissal of the federal action pending resolution of state court proceedings.
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S.D. Fla.·
2023-07-25
The court denied the State of Florida's motion to stay an injunction pending appeal, finding the State failed to meet the necessary legal standard for a stay.
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M.D. Fla.·
2023-07-24
The court denied the plaintiff's motion for a temporary restraining order and appointment of counsel, finding that he failed to meet the burden for injunctive relief and that courts generally defer to prison administration decisions.
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Del. Ch.·
2023-07-22
The Court held that the deed restriction is unenforceable on its face because it lacks a fixed standard of review, rendering it subject to arbitrary and inconsistent application. Consequently, the Plaintiff's motion for summary judgment was denied, and judgment was entered in fav
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M.D. Fla.·
2023-07-19
The court granted default judgment, awarding $5,000 in compensatory damages and enjoining the defendant from denying service to persons with service animals.
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M.D. Fla.·
2023-07-14
The identity of a non-testifying expert retained or specially employed by a party is discoverable under Federal Rule of Civil Procedure 26(b)(1) and is not protected by the work-product doctrine or attorney-client privilege, absent exceptional circumstances not present here.
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M.D. Fla.·
2023-07-14
The court denied the plaintiff's motions for relief from judgment and sanctions, finding no newly discovered evidence, fraud on the court, or manifest error of law, and that the plaintiff improperly raised Rule 11 sanctions.
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M.D. Fla.·
2023-07-14
The court held that the plaintiffs stated plausible claims for declaratory and injunctive relief, but their requests for statutory damages and attorney's fees were not authorized by the relevant statutes and were therefore stricken.
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M.D. Fla.·
2023-07-11
The court held that while the amended complaint is not a shotgun pleading, Count V, seeking injunctive relief, is dismissed as it is a remedy, not an independent cause of action.
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M.D. Fla.·
2023-07-07
The court held that the plaintiff had sufficiently alleged standing to bring an action for injunctive relief under Title III of the ADA, and therefore denied the defendant's motion to dismiss.
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M.D. Fla.·
2023-07-06
The court held that the prior settlement bars claims based on unit price miscalculations for transactions before August 26, 2020, but not claims based on weight inflation. Count III was dismissed as a shotgun pleading, but leave to amend was granted. The FDUPTA claim was sufficie
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M.D. Fla.·
2023-07-06
The court held that the inmate's motion for injunctive relief was insufficient and dismissed the case without prejudice because he failed to file a proper civil rights complaint.
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M.D. Fla.·
2023-07-06
The court held that the plaintiff's amended complaint was an impermissible shotgun pleading and dismissed it with prejudice.
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M.D. Fla.·
2023-07-05
The case is moot because the COVID-19 vaccine mandate and the religious accommodation request process are no longer in effect, and the plaintiffs are not facing adverse actions or separation based on their vaccination status.
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M.D. Fla.·
2023-07-05
Four Navy service members challenged the Department of Defense's COVID-19 vaccination mandate and the Navy's policy of denying religious accommodation requests on constitutional and statutory grounds, seeking declaratory and injunctive relief. The court dismissed the case as moot
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Fla. 2d DCA·
2023-06-30
This case concerns the interpretation of an "access easement" in a deed. The appellate court affirmed the trial court's decision that the easement granted owners of certain parcels the right to ingress and egress to their property from a county road, but not access to a private d
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S.D. Fla.·
2023-06-28
The court granted Plaintiff's motion for default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding statutory damages and injunctive relief.
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M.D. Fla.·
2023-06-28
The court held that a complaint violating Federal Rules of Civil Procedure 8(a)(2) and 10(b) by failing to provide adequate notice of claims is an impermissible shotgun pleading and must be dismissed.