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2015 U.S. Dist. LEXIS 19269·
M.D. Fla.·
2015-02-18
The court held that Florida's stalking statute, Fla. Stat. § 784.048, is not facially unconstitutional due to overbreadth. The statute primarily regulates conduct, and the plaintiff failed to demonstrate a substantial number of unconstitutional applications of protected speech.
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2015 U.S. Dist. LEXIS 23092·
M.D. Fla.·
2015-01-15
The court held that the defendant's motion to dismiss based on lack of subject matter jurisdiction and failure to state a claim should be denied, as the government adequately alleged jurisdiction and stated plausible claims for injunctive relief and disgorgement.
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Del. Ch.·
2015-01-14
The Delaware Court of Chancery granted the defendants' motions to dismiss, finding that the plaintiff failed to perfect jurisdiction over the individual defendants and failed to state a claim upon which relief could be granted. The court held that the plaintiff's allegations did
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152 So. 3d 727·
Fla. 4th DCA·
2014-12-03
Medytox Solutions and individuals sued InvestorsHub.com to compel removal of allegedly defamatory posts made by a third-party user. The court affirmed dismissal, holding that Section 230 of the Communications Decency Act provides immunity from injunctive relief claims based on th
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Del.·
2014-11-06
The Delaware Supreme Court affirmed the Court of Chancery's denial of North River's request for a permanent injunction. The Court held that North River failed to demonstrate that the equities weighed in its favor, as the requested injunction would not fully remedy the risk of inc
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Del. Ch.·
2014-10-31
The Court of Chancery partially granted Defendants' motion to dismiss and granted their motion to stay. The court held that a covenant not to sue in the Third Amendment to the Credit Agreement, as interpreted by the Bankruptcy Court and given collateral estoppel effect, bars most
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S.D. Fla.·
2014-09-29
The court held that the plaintiffs lacked Article III standing because their alleged injury was too remote and speculative, and that judicial review of the FHFA's decision to suspend payments was precluded by the Administrative Procedure Act's discretionary function exception.
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Del. Ch.·
2014-08-20
The court granted the motion to dismiss, holding that the arbitration constituted a prior action under the McWane doctrine, the arbitral tribunal was capable of providing prompt and complete justice, and the arbitration involved the same parties and issues as the current litigati
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149 So. 3d 69·
Fla. 4th DCA·
2014-08-20
The court held that dismissal with prejudice requires proper notice and consideration of the Kozel factors, neither of which occurred here.
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9th Cir. Ct. App. Div.·
2014-04-30
Hubbard Construction Company sought a writ of certiorari to quash the Orange County Board of County Commissioners' decisions denying its applications to obtain a special exception and modify its solid waste facilities permit to upgrade a landfill from C&D to Class III classificat
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2014 U.S. Dist. LEXIS 31608·
S.D. Fla.·
2014-03-07
The court held that the plaintiff failed to establish the amount in controversy exceeded $5 million, even considering injunctive relief and attorney fees, thus dismissing the case for lack of subject matter jurisdiction.
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Del. Ch.·
2014-01-13
The Delaware Court of Chancery dismissed most of the plaintiffs' claims against the defendants, finding that the plaintiffs failed to state a claim for breach of contract, fraud, negligent misrepresentation, breach of the implied covenant of good faith and fair dealing, breach of
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849 F. Supp. 2d 1332·
S.D. Fla.·
2014-01-03
The court granted in part and denied in part the defendant's motion to compel, based on his refusal to participate in a hearing.
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Del. Ch.·
2013-11-27
The Court of Chancery denied the defendants' motion to dismiss, finding that it had subject matter jurisdiction under the equitable cleanup doctrine and that the plaintiff had sufficiently stated claims for breach of contract. The court held that the "fundamental dispute" require
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124 So. 3d 1007·
Fla. 4th DCA·
2013-11-06
Three residents challenged a Florida city's approval of zoning ordinances for a Seminole Tribe casino resort hotel and parking facilities, arguing the city failed to comply with development-of-regional-impact (DRI) statutory requirements. The Fourth DCA denied the petition for se
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Del. Super. Ct.·
2013-10-31
The court held that the insurance policies were unambiguous and that the excess insurers had a duty to pay defense costs. The court affirmed the jury's verdict on the "injury-in-fact" trigger, finding that cellular and molecular damage from asbestos inhalation constitutes an inju
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Del. Ch.·
2013-10-28
The Court granted in part and denied in part the defendants' motion to dismiss, finding that plaintiffs had adequately pled demand futility for most claims. The Court dismissed claims for breach of the duty of care, failure to disclose, and corporate waste, but allowed claims for
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850 F. Supp. 2d 673·
S.D. Fla.·
2013-10-28
The court held that the Rooker-Feldman doctrine does not bar FDCPA claims alleging violations in debt collection methods, but it does bar claims seeking damages that would effectively overturn state court judgments. Collateral estoppel does not apply as the FDCPA violation issue
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121 So. 3d 1166·
Fla. 1st DCA·
2013-09-23
The Florida Department of Environmental Protection and Board of Trustees of the Internal Improvement Trust Fund appealed a trial court's decision to retain venue in Leon County for an inverse condemnation lawsuit filed by property owners whose land was affected by a beach restora
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832 F. Supp. 2d 1179·
S.D. Fla.·
2013-08-30
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252 F.R.D. 387·
M.D. Fla.·
2013-08-16
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836 F. Supp. 2d 148·
S.D. Fla.·
2013-08-15
The court held that both parties' motions to exclude expert testimony were denied, finding the experts qualified and their methodologies sufficiently reliable under the Daubert standard.
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2005 WL 3359113·
Del. Ch.·
2013-07-17
The court held that the petitioners established a prescriptive easement over the "Inner Loop" of a driveway. The court found that the use was open, notorious, and hostile for over twenty years, meeting the clear and convincing evidence standard required for prescriptive easements
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840 F. Supp. 2d 885·
S.D. Fla.·
2013-07-12
The Court lacks jurisdiction to grant the relief sought by Plaintiffs because it would affect and modify the enforcement of agency consent orders and amendments, as prohibited by 12 U.S.C. § 1818(i)(1).
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Del. Ch.·
2013-06-28
The Court of Chancery denied the defendants' motion to dismiss the plaintiff's claims for declaratory and injunctive relief. The court found that the plaintiff had stated a claim upon which relief could be granted regarding its interpretation of a "knowledge" qualifier in the sto
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810 F. Supp. 2d 771·
S.D. Fla.·
2013-06-28
The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
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117 So. 3d 1202·
Fla. 3d DCA·
2013-06-26
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Del. Ch.·
2013-06-03
The court recommends denial of the plaintiff's motion for summary judgment. Genuine issues of material fact exist regarding the necessity and good faith of the plaintiff's mold testing and remediation project, as well as whether the defendants are being singled out for harmful tr
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760 F. Supp. 1087·
S.D. Fla.·
2013-04-19
The court held that a plaintiff suing in admiralty jurisdiction, even when compelled by a forum selection clause, is not entitled to a jury trial under Federal Rule of Civil Procedure 38(e).
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111 So. 3d 929·
Fla. 5th DCA·
2013-04-05
Homeowners in a large-scale Florida development appealed a summary judgment upholding the developer's amendment to their declarations that allowed the developer to retain surplus assessment funds and eliminated its obligation to maintain certain common areas. The Fifth District C
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Del. Ch.·
2013-04-02
The Court of Chancery lacks subject matter jurisdiction over a declaratory judgment and injunctive relief action arising from a contract dispute where a full and adequate remedy is available at law. The court found that the underlying dispute was contractual and that the plaintif
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Del. Ch.·
2013-04-01
The court held that the Delaware action should be stayed in favor of the first-filed Washington action. The court found that the issues in the Delaware action were substantially the same as those that were raised or should have been raised in the Washington action, and that the W
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Del. Ch.·
2013-03-15
The trial court's decision to defer ruling on the advancement of attorneys' fees was supportable. The court appropriately exercised its discretion in maintaining the status quo order to preserve disputed assets, given the evidence of potential asset dissipation and findings of fr
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109 So. 3d 820·
Fla. 1st DCA·
2013-02-22
The appellate court reversed the trial court's suppression of evidence, holding that the defendant lacked standing to challenge the search of a stolen vehicle and that the initial investigatory stop was supported by reasonable suspicion.
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106 So. 3d 78·
Fla. 3d DCA·
2013-02-06
The Florida Public Service Commission has exclusive jurisdiction over disputes concerning the extension of electrical service, precluding circuit court intervention.
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499 F. Supp. 2d 521·
S.D. Fla.·
2013-01-30
Summary judgment is granted for the School Board on all federal claims because the plaintiffs failed to produce evidence of intentional discrimination or deliberate indifference, and the state law claims are dismissed without prejudice.
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Del. Ch.·
2012-12-19
The Court denied the Plaintiff's motion for a Temporary Restraining Order (TRO), finding that the Plaintiff failed to demonstrate the requisite imminent and irreparable harm. While a colorable claim for breach of contract and fiduciary duties was established, the alleged harms, s
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103 So. 3d 220·
Fla. 4th DCA·
2012-11-28
The court affirmed summary judgment dismissing unit owners' claims against individual homeowners' association members because the action was filed after the five-year statute of limitations for injunctive relief had expired.
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Del. Ch.·
2012-10-31
The court affirmed the dismissal of the employer's complaint, holding that the employer failed to exhaust its administrative remedies before seeking judicial relief. The court found that the dispute over worker classification fell within the scope of administrative review and tha
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309 F. Supp. 2d 165·
S.D. Fla.·
2012-10-01
The court held that the plaintiff's action is a timely declaratory judgment action, not a time-barred claim for specific performance, and that the term 'currently being manufactured' in the settlement agreement refers to the time of the agreement's execution.
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97 So. 3d 316·
Fla. 2d DCA·
2012-09-14
Appellants Kostas, Inc. and Kenneth Berdick appealed the dismissal of their complaint against landlord Gabe Costilla for conversion and civil theft regarding restaurant equipment left on leased property. The court reversed, holding that the trial court erred by looking outside th
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240 F. Supp. 2d 492·
M.D. Fla.·
2012-08-30
The court held that a genuine issue of material fact exists regarding whether the employer demoted the employee for retaliatory reasons due to FMLA leave or for legitimate business reasons, and that the employee's FMLA interference claim also survives summary judgment.
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93 So. 3d 1246·
Fla. 1st DCA·
2012-08-15
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93 So. 3d 1244·
Fla. 1st DCA·
2012-08-10
W.A.R., Inc. appealed a final order denying declaratory and injunctive relief challenging Levy County's development order approving Tarmac America's lime rock mining operation on environmentally-sensitive lands. The appellate court affirmed the trial court's decision, holding tha
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309 F. Supp. 2d 89·
S.D. Fla.·
2012-07-18
The court held that homeowner's association assessments, including late fees and administrative costs, constitute "consumer debts" under the FDCPA and FCCPA, and that the attorney attempting to collect them qualified as a "debt collector" under the FDCPA, thus denying summary jud
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Del. Ch.·
2012-07-11
The Court of Chancery denied the defendant's motion to dismiss for failure to join indispensable parties. While the former employees are necessary parties to the contract-based claims because a judgment could impact their livelihood, they are not indispensable. The court can fash
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Del.·
2012-07-10
The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that Martin Materials Company (Martin) breached both the Non-Disclosure Letter Agreement (NDA) and the Common Interest, Joint Defense and Confidentiality Agreement (JDA) with Vulcan Materials Company (V
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16 A.F.T.R.2d (RIA) 5046·
S.D. Fla.·
2012-06-26
The court severed the claims of over 250 plaintiffs under Rule 21 of the Federal Rules of Civil Procedure to manage the case.
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Del. Ch.·
2012-05-04
The Court held that Martin Marietta breached its confidentiality agreements with Vulcan Materials Company by impermissibly using and disclosing confidential information in furtherance of its hostile exchange offer and proxy contest. The Court found that the agreements limited the
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84 So. 3d 1113·
Fla. 3d DCA·
2012-03-21
Harambam Congregation appeals the dissolution of a temporary injunction granted against Simcha Connection, Inc. The court holds that Simcha's filing of a motion to dissolve, rather than an immediate appeal, rendered moot all issues regarding prior notice, including the movant's f