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Del. Ch.·
2023-06-23
The Court of Chancery granted summary judgment for the defendant, Lithos Industries, Inc. (Lithos), finding that Lithos terminated plaintiff Kevin Robnett at will and repurchased his shares in accordance with the contract. The court held that the at-will employment provision was
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S.D. Fla.·
2023-06-20
The court granted Bluegreen's motion for a preliminary injunction, finding that the marketing defendants' deceptive practices violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and that an injunction was necessary to prevent irreparable harm.
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Fla. 6th DCA·
2023-06-09
Vincente Carbajal Bravo appealed a trial court's order converting his motion for declaratory and injunctive relief into a mandamus petition and transferring it to Highlands County. The Florida District Court of Appeal, Sixth District, reversed the venue transfer while affirming t
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M.D. Fla.·
2023-06-07
MacuHealth, LP sued Vision Elements, Inc. for false advertising claims based on Vision Elements' representations that its Early Defense supplement was manufactured without Class 2 solvents like hexane and methanol. The court granted MacuHealth's summary judgment motion in part, f
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M.D. Fla.·
2023-06-07
The court held that a Bivens action is not available for First Amendment claims against federal officials when Congress has provided an alternative remedial scheme, such as the administrative grievance process.
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Fla. 3d DCA·
2023-05-31
The court reversed summary judgment on the primary contract dispute because the AEIA contained ambiguities regarding the exact scope and location of improvements to Charthouse Drive, precluding summary judgment and requiring jury determination of the parties' intent. The court re
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M.D. Fla.·
2023-05-26
The court denied the plaintiff's motion for reconsideration to transfer the case, finding he failed to meet the standards for reconsideration and that a transfer was not in the interest of justice.
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S.D. Fla.·
2023-05-24
The court held that the plaintiff lacked Article III standing to pursue claims for both monetary damages and injunctive relief because he failed to allege a concrete and particularized injury-in-fact, particularly in light of the defendant's money-back guarantee and the speculati
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S.D. Fla.·
2023-05-17
A party is not entitled to a jury trial when it seeks only equitable relief, regardless of the underlying cause of action.
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M.D. Fla.·
2023-05-12
The court denied the inmate's motion for a temporary restraining order because he failed to demonstrate a likelihood of success on the merits or that the requested relief was related to the claims in his operative complaint.
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M.D. Fla.·
2023-05-10
The court held that the plaintiff's complaint was a shotgun pleading and failed to state claims for negligence and ADA discrimination.
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M.D. Fla.·
2023-05-05
The court recommended denying motions to dismiss as moot, dismissing claims for declaratory or injunctive relief under Younger abstention, staying claims for monetary relief pending state court proceedings, and denying a motion to dissolve a lis pendens without prejudice.
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S.D. Fla.·
2023-05-04
The court held that the case is moot because the plaintiffs' applications were approved, and the issue of card accuracy was not part of the original complaint.
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S.D. Fla.·
2023-05-01
Patagonia, Inc. sued Worn Out LLC for trademark infringement related to the "WORN WEAR" marks, and Worn Out counterclaimed alleging that Patagonia fraudulently obtained and maintained those trademark registrations by falsely representing in USPTO applications that it used the mar
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M.D. Fla.·
2023-04-27
The court held that the service-of-suit amendments did not repeal the arbitration clause, and therefore, the dispute must be arbitrated. The court also found no delegation provision in the arbitration clause.
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Fla. 3d DCA·
2023-04-26
The trial court erred in dismissing Mary Ann's objections and counter-petition by looking beyond the four corners of the pleadings to determine lack of standing; a surviving spouse qualifies as an interested person with standing to object to estate administration. The denial of i
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M.D. Fla.·
2023-04-21
The court recommended granting the motion for default judgment, awarding statutory damages, attorney's fees, costs, and a permanent injunction against defendants for copyright infringement.
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N.D. Fla.·
2023-04-18
The court accepted the Magistrate Judge's Report and Recommendation, denying most of the defendants' objections and granting dismissal only for official capacity claims.
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S.D. Fla.·
2023-04-17
The court granted Plaintiff's motion for default judgment, finding that the well-pleaded allegations established liability for trademark infringement, false designation of origin, and unfair competition, and awarded statutory damages and injunctive relief.
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S.D. Fla.·
2023-04-11
The court granted plaintiff's motion for default judgment, finding defendants liable for trademark infringement and unfair competition due to their sale of counterfeit goods.
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S.D. Fla.·
2023-04-05
The court held that Plaintiffs Garcia and Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions. The Attorney General and Chief Financial Officer are proper defendants.
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M.D. Fla.·
2023-04-05
The EEOC sued Cigar City Motors, Inc. for sex discrimination in violation of Title VII when the company refused to promote Virginia Duncan to the General Manager position at its Tampa Harley-Davidson dealership, instead selecting a male employee despite evidence that Duncan was m
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S.D. Fla.·
2023-04-04
The court granted the plaintiff's motion for default final judgment, finding sufficient allegations for patent and copyright infringement, and awarded injunctive relief and statutory damages.
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M.D. Fla.·
2023-04-03
The court held that the denial of Vertex's application for a telecommunications tower was not supported by substantial evidence, as the aesthetic concerns raised were generalized and not supported by objective proof.
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Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted Bayer AG's motion to dismiss Merck & Co., Inc.'s complaint, holding that the Stock and Asset Purchase Agreement (SAPA) unambiguously allocated to Merck the sole and indefinite liability for product liability claims arising from products sold
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N.D. Fla.·
2023-03-31
Defendants are entitled to qualified immunity on the § 1983 damages claim because the plaintiff has not shown a clearly established right to film in a probation office lobby, and the court lacks jurisdiction over claims for injunctive and declaratory relief.
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M.D. Fla.·
2023-03-28
Michael Worsham, proceeding pro se, sued TSS Consulting Group and its managing member Marcos Taveras for violating the Telephone Consumer Protection Act by making approximately 95 unwanted robocalls to his cellular phone number between 2018 and 2019. The court denied Worsham's mo
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M.D. Fla.·
2023-03-28
The court held that the petitioner failed to meet the heightened burden for a mandatory injunction and did not comply with procedural rules.
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M.D. Fla.·
2023-03-27
Two disabled young adults in Florida challenged Florida's Medicaid policy categorically denying coverage of incontinence supplies to beneficiaries age 21 and older, claiming it violated the Medicaid Act and the Americans with Disabilities Act. The court certified the lawsuit as a
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M.D. Fla.·
2023-03-27
The court held that the plaintiffs plausibly alleged claims for relief under the ADA, Section 504, and the Florida Constitution, and therefore the motion to dismiss was denied.
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N.D. Fla.·
2023-03-25
The court held that a county commissioner acting on behalf of the county, even on personal social media, can be considered a "responsible agency" under Florida's Public Records Act, and their unlawful refusal to disclose public records mandates attorney's fees, regardless of good
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Del. Super. Ct.·
2023-03-24
The Superior Court properly denied the defendant's motion to dismiss the plaintiff's declaratory judgment claim, finding that the law of the case doctrine dictated that Delaware was the proper forum. However, the Court of Chancery lacked subject matter jurisdiction over the plain
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M.D. Fla.·
2023-03-10
The court held that the plaintiff failed to carry his burden to demonstrate entitlement to injunctive relief, and therefore his motions are denied.
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M.D. Fla.·
2023-03-08
The court held that Oppenheimer failed to establish a likelihood of success on the merits or irreparable injury, and the balance of harms weighed against granting the injunction.
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M.D. Fla.·
2023-03-02
Befaithful Coker, a community activist, sued multiple defendants, including city officials, a judge, and private citizens, alleging that they retaliated against her when the Lake City Council initially appointed but then refused to seat her on the council after she made public di
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Fla. 3d DCA·
2023-03-01
The appellate court affirmed the dismissal of a lawsuit seeking public records. The court found that the trial court did not err by not issuing an alternative writ of mandamus because the appellant had multiple opportunities to present his case and was not deprived of the opportu
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Fla. 3d DCA·
2023-03-01
The appellate court affirmed a lower court's decision finding that Hartnett breached a settlement agreement with Intellocorp. The court held that Hartnett's breach was not curable and thus Intellocorp was entitled to attorney's fees.
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Fla. 3d DCA·
2023-03-01
The trial court correctly determined that Hartnett breached the settlement agreement by representing to third parties that he solely owned IET, a disclosure that was incurable as a matter of law under the futility doctrine. Because the breach could not be cured, Intellocorp was e
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M.D. Fla.·
2023-03-01
The court held that it lacks subject matter jurisdiction because the plaintiff's claims, which seek monetary relief such as back pay, are primarily for money damages and are therefore within the exclusive jurisdiction of the Court of Federal Claims.
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Fla. 3d DCA·
2023-03-01
The appellate court affirmed a lower court's decision that Hartnett breached a settlement agreement with Intellocorp. The court found that Hartnett's actions, including a letter to BigCommerce, violated the agreement and that Intellocorp was entitled to attorney's fees.
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M.D. Fla.·
2023-02-24
The court recommended granting Plaintiff's motion for default judgment in part, finding sufficient allegations for copyright infringement and removal of copyright management information, and awarding statutory damages and injunctive relief.
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M.D. Fla.·
2023-02-15
The court granted a preliminary injunction enforcing restrictive covenants in employment agreements against former employees Simmons and Mitchell, and their team members, finding the agreements enforceable and necessary to protect legitimate business interests.
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Fla. 2d DCA·
2023-02-10
This case involved a dispute over a restrictive covenant and trade secrets. The appellate court affirmed most of the lower court's decision but reversed and remanded for a recalculation of damages due to a factual error regarding the timing of an injunction.
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M.D. Fla.·
2023-02-07
The court held that defendants did not demonstrate good cause to stay discovery pending resolution of their motions to dismiss, but granted an extension for the School Board defendants to respond to discovery requests.
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Fla. 2d DCA·
2023-02-03
The appellate court affirmed the dismissal of claims for tortious interference, trade libel, and defamation against the Better Business Bureau (BBB) because the BBB's "D+" rating was a nonactionable opinion. However, the court reversed the dismissal of claims under the Florida De
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Del. Ch.·
2023-02-02
The Court of Chancery dismissed the plaintiff's claims for lack of subject matter jurisdiction. The court held that state law claims challenging the denial of a special use permit were legal in nature and reviewable by writ of certiorari from the Superior Court, which provided an
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S.D. Fla.·
2023-02-01
The court affirmed and adopted the magistrate judge's report and recommendation, granting in part and denying in part the defendant's motion in limine.
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Fla. 3d DCA·
2023-02-01
Paragraph 5 of the 2010 Settlement Agreement is unambiguous and clearly reserves to BCE perpetual ownership rights in any upland areas necessary to maintain its beach concession licenses. The trial court properly reformed the 2013 special warranty deed by mutual mistake to reserv
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M.D. Fla.·
2023-01-18
The court denied the plaintiff's motions for emergency protection and a temporary restraining order/injunction.
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M.D. Fla.·
2023-01-17
The court confirmed the arbitration award and denied the petitions to vacate, finding the arbitrator did not exceed his powers and acted within the scope of his authority.