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Del.·
2020-02-20
The Delaware Supreme Court held that the Secretary of DNREC has the authority under 7 Del. C. § 6018 to issue a cease and desist order that requires the removal of an illegal waste pile, as this is the only way to cease and desist from the ongoing violation. However, the Court re
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S.D. Fla.·
2020-02-18
The court held that the proposed class fails certification because the lead plaintiff's claims present a unique defense issue and the class definition is not ascertainable, and one named plaintiff lacked standing.
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M.D. Fla.·
2020-02-14
The court held that the Rooker-Feldman doctrine does not bar the plaintiffs' ADA claim because the denial of a reasonable accommodation occurred after state court proceedings, and the requested relief could not have been granted by the state courts. The court also found that Dama
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S.D. Fla.·
2020-02-13
The court granted plaintiffs' motion for entry of final default judgment against defendants for trademark counterfeiting and infringement.
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Fla. 1st DCA·
2020-02-07
The Florida House of Representatives sought financial records from MAT Media, LLC, concerning its publicly funded contracts with VISIT FLORIDA. The trial court refused to enforce the subpoenas, citing privacy concerns and lack of relevance. The appellate court reversed, holding t
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Fla. 2d DCA·
2020-02-05
The appellate court reversed an award of attorney's fees to a condominium developer, finding that neither the condominium declaration nor the relevant statute provided a basis for the award. The court emphasized that attorney's fees are only recoverable under specific statutes or
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Fla. 2d DCA·
2020-01-31
The appellate court reversed a Department of Health order that approved a hospital's application to become a Level II trauma center. The court found that the Department erred by applying an outdated statute, as intervening amendments to the law required the application to be deni
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S.D. Fla.·
2020-01-28
Plaintiffs who purchased allegedly unregistered tires from National Tire and Battery sought damages under various state and federal laws, claiming the defendant's failure to comply with federal tire registration requirements under 49 C.F.R. § 574.8 deprived them of the benefit of
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S.D. Fla.·
2020-01-27
The court granted Plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence to establish Defendants' liability for trademark counterfeiting, infringement, false designation of origin, cybersquatting, and copyright infringement.
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Fla. 4th DCA·
2020-01-22
A limited liability company (LLC) that acquired a condominium unit appeals three trial court orders denying its motion for partial summary judgment and granting the condominium association's motions for partial summary judgment. The central dispute concerns whether the associatio
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M.D. Fla.·
2020-01-21
The court held that the plaintiffs sufficiently alleged a disparate impact claim under the ADEA, but failed to state a claim for disparate treatment. The court granted the motion to dismiss the disparate treatment claim without prejudice and granted the motion for substitution.
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Fla. 4th DCA·
2020-01-15
The city's expenditure on voter education materials did not violate section 106.113 because the communications were not the functional equivalent of express advocacy, and the ballot summary was valid under section 101.161(1) because it clearly explained the chief purpose without
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M.D. Fla.·
2020-01-15
The court held that the plaintiff's motion for injunctive relief was denied and the case was dismissed without prejudice because he failed to comply with local rules and did not file a proper complaint.
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M.D. Fla.·
2020-01-13
The court held that genuine issues of material fact remain regarding whether the supervisory defendants' conduct violated the plaintiff's constitutional rights, thus denying the defendants' motion for summary judgment. The court also denied the plaintiff's motion for summary judg
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Del. Ch.·
2019-12-30
The court granted Gulf's motion for judgment on the pleadings regarding Eni's negligent misrepresentation claim in the second arbitration, finding it to be an impermissible collateral attack on the prior arbitration award. However, the court denied Gulf's motion concerning Eni's
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S.D. Fla.·
2019-12-23
The court granted in part and denied in part the plaintiff's motion to strike the defendant's affirmative defenses, striking defenses related to failure to state a claim, standing, and attorney's fees, while upholding defenses related to mootness.
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S.D. Fla.·
2019-12-23
The court granted the plaintiff's motion for default final judgment, finding sufficient basis in the complaint and ordering specific injunctive relief.
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M.D. Fla.·
2019-12-23
The court held that the petitioner failed to exhaust administrative remedies and his claims were not cognizable in a habeas corpus petition because they challenged prison conditions, not the fact or duration of his confinement.
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M.D. Fla.·
2019-12-20
The court held that it lacked subject matter jurisdiction for claims seeking to restrain tax assessment or collection and dismissed claims for damages for failure to state a claim.
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Fla. 4th DCA·
2019-12-18
Appellant appealed the trial court's denial of class action certification in a dispute involving forced-placed insurance charges on a vehicle installment contract. The majority affirmed the denial, finding no abuse of discretion, while Justice Warner dissented, arguing the trial
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M.D. Fla.·
2019-12-06
A state court judge is immune from suit for damages and injunctive relief under § 1983 for actions taken in her judicial capacity, as the plaintiff has an adequate remedy at law through appeal.
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M.D. Fla.·
2019-12-02
The court held that the plaintiff failed to comply with the procedural requirements for a temporary restraining order and that his claims were either moot or better addressed through a civil rights complaint.
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S.D. Fla.·
2019-11-30
The court held that the defendant failed to establish that the amount in controversy exceeded $75,000, and therefore, federal subject matter jurisdiction was lacking.
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M.D. Fla.·
2019-11-21
The court held that the plaintiff failed to meet the prerequisites for injunctive relief and denied the motion.
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M.D. Fla.·
2019-11-21
The court held that the plaintiff's claims were barred by res judicata, and claims against an individual defendant were barred by sovereign immunity or Title IX limitations.
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S.D. Fla.·
2019-11-08
The court preliminarily approved the class action settlement and certified the settlement class, finding the settlement fair, reasonable, and adequate, and the class notice program sufficient.
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M.D. Fla.·
2019-11-08
The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional minimum, requiring remand.
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M.D. Fla.·
2019-11-08
The court held that a plaintiff seeking a temporary restraining order must establish a substantial likelihood of success on the merits, which was not met in this case.
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M.D. Fla.·
2019-11-07
The court held that the plaintiff has standing to pursue her ADA claims, and these claims are not moot despite her expulsion from the club. The court also found that the plaintiff's FCRA claim may proceed, as she sufficiently exhausted administrative remedies by filing with a loc
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Del. Ch.·
2019-10-25
The Court of Chancery denied BML's motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, and denied Plaintiffs' motion for partial summary judgment. The court found it had subject matter jurisdiction because the plaintiffs sought equitable relie
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S.D. Fla.·
2019-10-23
The court held that it cannot vacate a criminal conviction in a civil case and that plaintiffs lack standing to seek an injunction against the Coast Guard.
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Fla. 3d DCA·
2019-10-23
This case concerns whether a private victim can enforce a federal criminal restitution order in state court. The appellate court held that under the Mandatory Victims Restitution Act (MVRA), only the federal government, not the victim, can pursue collection of such orders. This d
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S.D. Fla.·
2019-10-22
The court granted in part and denied in part the defendant's motion to dismiss. The court dismissed the plaintiff's claims on behalf of a nationwide class, finding the plaintiff lacked standing to assert claims under Florida law for vehicles purchased outside of Florida. However,
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M.D. Fla.·
2019-10-15
Plaintiff's application for a temporary restraining order is denied because she failed to establish a substantial likelihood of success on the merits and the court lacks subject matter jurisdiction over claims challenging a state court judgment under the Rooker-Feldman doctrine.
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N.D. Fla.·
2019-09-26
Plaintiff is entitled to nominal damages for a violation of his constitutional rights, even without proof of actual injury, but not compensatory or punitive damages.
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M.D. Fla.·
2019-09-24
The court found the nonparties in civil contempt for failing to comply with court orders and subpoenas, imposing sanctions including incarceration for one individual, daily fines, and an injunction against asset transfer.
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M.D. Fla.·
2019-09-19
The court held that the plaintiff's motion for a temporary restraining order was denied due to failure to meet procedural requirements.
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S.D. Fla.·
2019-09-16
The Court held that most of the requested remedies were moot due to the death of Jeffrey Epstein, beyond the Court's jurisdiction, or not authorized by the Crime Victims' Rights Act (CVRA).
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M.D. Fla.·
2019-09-13
The court held that while the plaintiff had standing, her complaint failed to state a claim under Title III of the ADA and the Florida Declaratory Judgment Act due to unsubstantiated allegations and inapplicability of the state statute.
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S.D. Fla.·
2019-09-06
The court held that an as-applied due process claim is not ripe until the plaintiff seeks an exception under the new ordinance, but a facial due process claim is ripe. The court also found the plaintiff had standing and sufficiently alleged claims for impairment of contract and e
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Del. Ch.·
2019-08-30
The Court of Chancery granted the defendants' motion to dismiss all counts. The court held that the plaintiff failed to state a claim for breach of the implied covenant of good faith and fair dealing because the contract terms directly addressed the issues in dispute. Claims for
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Fla. 1st DCA·
2019-08-29
This case involves a constitutional challenge by several Florida school boards against House Bill 7069 (HB 7069), which pertains to charter schools, including "schools of hope." The school boards argued that HB 7069 violated their constitutional rights to operate, control, and su
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S.D. Fla.·
2019-08-23
The appellant, a Chapter 7 debtor, lacks standing to appeal the bankruptcy court's orders approving settlements because the estate is hopelessly insolvent and he has no pecuniary interest in the outcome.
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Del. Ch.·
2019-08-20
The Court held that the defendants failed to prove the existence of an equitable servitude by implication or explicit written language. The plaintiff's building plans complied with the plain language of the Declaration, and the defendants had no legal basis to deny them. The plai
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Del. Ch.·
2019-08-13
The Court of Chancery lacks jurisdiction to enjoin future defamatory speech, as such claims are traditionally reserved for courts of law. While a "trade libel" exception exists where defamation is incidental to a separate business tort, the plaintiff's claim here focuses primaril
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M.D. Fla.·
2019-08-08
The court held that the plaintiff's amended complaint was subject to dismissal for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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M.D. Fla.·
2019-08-08
The court held that plaintiffs sufficiently alleged standing and plausible claims under Florida Statute § 376.313, but that equitable relief is not available under that statute.
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Del. Ch.·
2019-08-07
The court held that the plaintiff, Croda, Inc., failed to establish a constitutionally protected property interest necessary to support its claims for procedural and substantive due process violations. Consequently, the County's motion for summary judgment on these counts was gra
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Fla. 2d DCA·
2019-08-07
Property owners in a mobile home park challenged a circuit court order granting partial summary judgment to the park operators, who claimed a constitutional right to discontinue water and sewer services. The court held that the circuit court erred in granting summary judgment on
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Fla. 3d DCA·
2019-07-24
The appellate court affirmed a lower court's decision, ruling that a toll authority (MDX) has the proper authority to charge tolls to trailers using its roadways. The court found that the trailer leasing company (Tropical) failed to demonstrate a clear legal right to relief, irre