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Del. Ch.·
2008-12-18
The Court of Chancery denied the trustee's petition for instructions and injunctive relief, finding that the trustee had not demonstrated an imminent threat of irreparable harm and that granting the relief would conflict with orders from a Pennsylvania court, undermining principl
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2 So. 3d 325·
Fla. 4th DCA·
2008-10-22
Dollar General appeals from a trial court judgment granting Winn-Dixie injunctive relief to enforce an exclusive grocery covenant in Winn-Dixie's lease. The appellate court reversed, holding that injunctive relief was improper because Dollar General had permanently ceased operati
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581 F. Supp. 2d 1164·
M.D. Fla.·
2008-08-22
The court held that the Florida statute's 100-foot no-solicitation zone is not narrowly drawn as applied to plaintiffs' exit petitioning activities, and thus likely violates the First Amendment.
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570 F. Supp. 2d 1378·
N.D. Fla.·
2008-08-08
The court held that the individual member, John Doe, has standing to sue because his allegations of injury-in-fact, stemming from his avoidance of the courthouse and suspension of his property search due to the Ten Commandments display, are concrete, particularized, and traceable
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Del. Ch.·
2008-07-10
The Court denied the Raphaels' motion to vacate the arbitrator's order, finding it time-barred and without merit even if timely. The Court confirmed the arbitrator's order in favor of Wilson and denied Wilson's countermotion for injunctive relief as premature. The Court held that
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387 B.R. 641·
M.D. Fla.·
2008-04-28
The court affirmed the bankruptcy court's imposition of an equitable lien on the debtors' condominium and its determination that a cabana was property of the bankruptcy estate, not subject to homestead exemption.
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202 F. Supp. 590·
S.D. Fla.·
2008-04-10
An ambiguous offer of judgment, which fails to clearly define the scope of released parties and claims, cannot moot a plaintiff's claim for lack of subject matter jurisdiction.
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539 F. Supp. 2d 1369·
S.D. Fla.·
2008-03-18
The court held that the plaintiffs lacked standing to bring an ADA claim for injunctive relief and therefore dismissed the ADA claim, leading to the remand of the case to state court due to lack of federal jurisdiction.
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975 So. 2d 601·
Fla. 4th DCA·
2008-03-05
The court held that the trial court did not err in granting the homeowners association's request for declaratory and injunctive relief to remove an unapproved fence, as there was sufficient evidence to support the finding of no selective enforcement.
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Del. Ch.·
2008-02-29
The Court of Chancery granted Defendants' motion to dismiss all derivative claims brought on behalf of KEE Action Holdings, Inc. The Court found that the plaintiff, Eugenio Postorivo, failed to adequately plead demand futility under both the Aronson and Rales tests, and also lack
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Del. Ch.·
2008-02-07
The Court held that Plaintiffs (Postorivo and NPS) retain the attorney-client privilege with respect to communications concerning the excluded assets and liabilities, including the Procaps Litigation. The Court found that while a successor company generally holds the privilege fo
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Del. Ch.·
2008-02-06
The Delaware Court of Chancery held that plaintiffs lacked standing to challenge the designation of their properties as Natural Areas (NAs) because such designations have no independent legal significance and impose no restrictions on landowners. The court further held that the S
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975 So. 2d 526·
Fla. 1st DCA·
2008-01-24
The court held that amusement machines operating by coin, even if they also accept bills, can qualify for the statutory safe harbor provision. The availability of the safe harbor does not depend on whether bills are also accepted.
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Del. Ch.·
2007-12-07
The court held that restrictive covenants in employment and severance agreements were enforceable. The court found that continued employment served as valid consideration, the covenants were reasonable in scope and duration, protected legitimate business interests, and the equiti
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Del. Ch.·
2007-12-04
The Delaware Court of Chancery held that it, not an arbitrator, has jurisdiction to decide substantive arbitrability because the LLC agreement's arbitration clause was narrow and did not clearly and unmistakably delegate that issue. The court granted in part and denied in part a
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Del. Ch.·
2007-10-31
The Court granted Robbins Hose's motion for judgment on the pleadings, declaring the Appeal Board's decision void because the Appeal Board acted beyond the scope of its authority under the Robbins Hose By-Laws. The Appeal Board improperly made its own credibility determinations,
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Del. Ch.·
2007-10-11
The Court granted the petitioners' motion for summary judgment, finding the zoning ordinance invalid due to an inadequate record. The Court held that the appended findings of fact were not properly adopted by the County Council, preventing a meaningful review of whether the Counc
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966 So. 2d 465·
Fla. 4th DCA·
2007-10-10
Tampa Service Company appeals a trial court's order granting class certification in a Labor Pool Act case. The appellate court affirms, holding that the class certification order sufficiently complies with Florida Rule of Civil Procedure 1.220(d) requirements and that the trial c
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968 So. 2d 54·
Fla. 1st DCA·
2007-10-10
The court held that the property appraiser's complaint stated a cause of action for a subpoena duces tecum to obtain financial records necessary for property valuation.
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504 F. Supp. 2d 1318·
S.D. Fla.·
2007-08-21
Federal judges are absolutely immune from suit for acts taken in their judicial capacity, and this immunity can be raised sua sponte by the court under unusual circumstances.
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963 So. 2d 813·
Fla. 4th DCA·
2007-08-01
In this partnership dissolution dispute, the Fourth District Court of Appeal affirmed an award of attorney's fees to Montgomery against Larmoyeux under the equitable doctrine established in A.J. Richey Corp. v. Garvey, holding that this common law exception survived Florida's ado
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963 So. 2d 771·
Fla. 3d DCA·
2007-07-11
Meritplan Insurance Company appeals a trial court order enjoining it to pay disputed homeowners insurance claims before final determination of the case. The court held that the trial court abused its discretion by issuing injunctive orders that effectively vitiated the insurer's
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486 F. Supp. 2d 1347·
S.D. Fla.·
2007-04-30
The court denied the motion for a stay pending appeal because the defendant failed to meet the required legal criteria, particularly the likelihood of success on the merits and the risk of irreparable harm.
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961 So. 2d 961·
Fla. 2d DCA·
2007-04-25
Sonic Automotive appealed a trial court's order certifying a class action for consumers who purchased a vehicle protection product called Etch from Sonic's Florida dealerships. The appellate court affirmed certification under Florida Rule of Civil Procedure 1.220(a) and (b)(3) bu
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484 F. Supp. 2d 1264·
M.D. Fla.·
2007-04-24
The court held that the plaintiff's claims were time-barred under the 30-day judicial review provision of the Magnuson-Stevens Act, and therefore the court lacked jurisdiction to hear the case.
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954 So. 2d 681·
Fla. 5th DCA·
2007-04-13
Two firefighters challenged the constitutionality of Florida's statute prohibiting solicitation of public employees during working hours. The trial court rejected their facial constitutional challenges on multiple grounds, and the appellate court affirmed, holding that the statut
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481 F. Supp. 2d 1305·
M.D. Fla.·
2007-04-06
The court granted in part and denied in part both parties' motions for summary judgment, finding some claims ripe and others barred by res judicata, and determining the appropriate standard of review for First Amendment challenges.
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484 F. Supp. 2d 1268·
S.D. Fla.·
2007-03-19
The court granted in part and denied in part the plaintiff's motion for injunctive relief, ordering expungement of certain documents from his personnel file and restricting the information the defendant can provide to prospective employers.
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475 F. Supp. 2d 1270·
S.D. Fla.·
2007-02-27
The court held that a voter's claim for injunctive relief was moot, and claims regarding lack of notice and the mental capacity checkbox failed to state a claim, but the claim regarding the lack of a grace period for registration deficiencies was allowed to proceed.
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Del. Ch.·
2007-02-02
The Court of Chancery granted the defendant's motion to dismiss, holding that it lacked personal jurisdiction over the defendant because the consent to jurisdiction clause in the expired lock-up agreement did not apply to the plaintiff's claims of breach of fiduciary duty, and De
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Del. Ch.·
2007-01-17
The court denied the motion to compel arbitration, finding that the non-competition agreement, which did not mention arbitration, was independent of the stock purchase agreement containing the arbitration clause. The court granted the motion for a preliminary injunction, finding
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511 F. Supp. 2d 1320·
S.D. Fla.·
2007-01-16
The court held that injunctive relief was available for breaches of confidentiality but not for breaches of non-compete or exclusive use provisions, which were subject to arbitration or lacked irreparable harm.
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Del. Ch.·
2006-12-12
The Court found that the defendant breached his confidentiality agreement by disclosing confidential information, including advertising rates, which constituted a trade secret. However, the non-competition agreement was limited in scope when applied to the defendant as an indepen
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943 So. 2d 945·
Fla. 4th DCA·
2006-12-06
Appellants challenged the state's collection and sale of personal information from driver's licenses and vehicle registrations, alleging violations of the Driver's Privacy Protection Act and Florida constitutional takings and privacy provisions. The trial court dismissed the comp
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943 So. 2d 305·
Fla. 3d DCA·
2006-12-06
The court affirmed the administrative committee's decision to suspend disability benefits, finding that the plaintiff's refusal to undergo a required angiography was a failure to prove continued disability.
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453 F. Supp. 2d 1357·
S.D. Fla.·
2006-09-27
The court granted the preliminary injunction, enjoining Lantech from proceeding in Costa Rica until the validity of the forum selection clause is determined.
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Del. Ch.·
2006-09-01
The court granted the defendants' motions to dismiss, finding that the specific provisions of the 2005 Bond Bill superseded the general requirements of 14 Del. C. § 1057 regarding the lease of surplus school property. The court also rejected the plaintiffs' constitutional challen
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Del. Ch.·
2006-08-14
The Court of Chancery should deny the motion to dismiss for failure to join indispensable parties, as the condominium association adequately represents the unit owners' interests in common elements. However, the Court should grant the motion to dismiss Counts II and III, which se
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Del. Ch.·
2006-08-04
The Court held that Sprint Nextel's planned use of the Sprint brand and marks to promote iDEN products and services, and to re-brand legacy Nextel stores within the Plaintiffs' Service Areas, would violate the implied duty of good faith and fair dealing. The Court granted a perma
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938 So. 2d 526·
Fla. 4th DCA·
2006-07-26
Scott Jordan, a sheriff's deputy terminated for falsifying police reports, challenged his termination as void because the Professional Standards Committee (PSC) that recommended his termination violated Florida's Sunshine Act by meeting in private. The appellate court affirmed th
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932 So. 2d 1172·
Fla. 2d DCA·
2006-06-30
Rollins, Inc. and Orkin Exterminating Company appealed a class certification order in a putative class action brought by customers alleging deceptive and unfair business practices, breach of contract, and unjust enrichment related to termite treatment services. The court reversed
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Del. Ch.·
2006-06-21
The Court of Chancery dismissed the plaintiff's complaint for failure to state a claim upon which relief can be granted. The court found that the plaintiff had not exhausted its administrative remedies, the claim was not ripe for adjudication, and the plaintiff had not alleged ar
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2006 U.S. Dist. LEXIS 38561·
S.D. Fla.·
2006-05-31
The court held that the plaintiff has standing to bring both facial and as-applied challenges to the statute and that the statute, as applied, violates the First Amendment.
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429 F. Supp. 2d 1292·
M.D. Fla.·
2006-04-14
The court held that the FTC's interpretation of the Telemarketing Sales Rule's abandoned calls provision, as applied to for-profit telefunders using prerecorded messages for charitable solicitations, is not an unconstitutional restriction on speech and does not exceed the FTC's s
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Del.·
2006-04-03
The Supreme Court of Delaware reversed the Court of Chancery's denial of a preliminary injunction, holding that Delaware statutes protect the privacy of autopsy information. The Court found that the Medical Examiners Statute and the Health Record Privacy Statute prohibit the publ
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925 So. 2d 417·
Fla. 5th DCA·
2006-03-31
Chase and Horn appealed a trial court judgment that held a restrictive covenant unenforceable as ambiguous and contradictory. The appellate court reversed, finding the covenant clearly restricts the property to open space, outdoor recreation, and park purposes only, and is theref
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424 F. Supp. 2d 1354·
S.D. Fla.·
2006-03-29
The court held that the plaintiffs lacked standing to bring a declaratory judgment action challenging the forum selection clause because they had not yet suffered an actual or imminent injury that was concrete and particularized.
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417 F. Supp. 2d 1279·
M.D. Fla.·
2006-02-23
The court held that the City Defendants are entitled to summary judgment on the equal protection and commerce clause claims, and on the antitrust claims due to the state action doctrine. Individual defendants Harriss and Litzinger are also entitled to summary judgment on qualifie
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Del. Ch.·
2006-01-18
The Court held that the rezoning of the Kohl Property to C-3 was invalid because it was inconsistent with the Town's comprehensive plan in effect at the time. The Court found that the plan projected industrial and office uses for the property and expressly advised against convert
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Del. Ch.·
2005-12-15
The court held that the protective covenant in Thriftway's lease, prohibiting the sale of "food or food products intended for off-premises consumption," was not ambiguous and was limited to edible items. The court found that Thriftway had waived its right to enforce the covenant