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M.D. Fla.·
2020-07-01
Quincy Williams, an inmate, sued corrections officers and Florida Department of Corrections officials under 42 U.S.C. § 1983 for excessive force and failure to protect after officers sprayed him with chemical agents and used force against him on June 1, 2016, allegedly in retalia
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Del.·
2020-06-23
The Delaware Supreme Court held that a general partner's request for a one-time capital contribution from a limited partner does not constitute a request for limited partner action that triggers a fiduciary duty of disclosure. Furthermore, even if such a duty existed, a limited p
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M.D. Fla.·
2020-06-03
The court granted the plaintiff's motion for nominal damages and post-judgment interest, but denied pre-judgment interest and required the plaintiff to follow proper procedure for seeking costs.
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M.D. Fla.·
2020-05-28
The court held that summary judgment is denied because plaintiffs may still recover nominal damages even if they have suffered no actual economic damages.
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M.D. Fla.·
2020-04-30
The court held that the plaintiff's amended complaint stated plausible claims for excessive force under the Eighth Amendment and that his alleged injuries met the physical injury requirement for damages under the PLRA, denying the motion to dismiss.
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M.D. Fla.·
2020-03-06
The court held that the plaintiff failed to state a claim under RLUIPA and the First Amendment, and declined to exercise supplemental jurisdiction over the state law claim.
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M.D. Fla.·
2020-02-20
The court held that the plaintiff failed to state claims for relief under various constitutional amendments and statutes due to vague allegations, failure to meet legal standards, and statutory limitations.
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M.D. Fla.·
2020-02-10
A Florida inmate sued prison officials for allegedly failing to protect him from excessive force, deliberate indifference to medical needs, and supervisory failures under 42 U.S.C. § 1983, naming twenty defendants across fourteen counts. The district court granted the defendants'
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M.D. Fla.·
2019-11-27
The court held that HIPAA does not create a private cause of action, and a prisoner cannot recover compensatory or punitive damages for mental or emotional injury without alleging a physical injury, but nominal damages may be available.
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M.D. Fla.·
2019-11-25
The Hurry Family Revocable Trust and related broker-dealer companies sued their former CEO Christopher Frankel for breach of two nondisclosure agreements and violation of federal and state trade secret laws after he forwarded numerous confidential business documents to his person
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Fla. 1st DCA·
2019-10-24
An award of $80,000 in nominal damages is legally excessive and impermissible as a matter of law, particularly where the jury was not permitted to award compensatory damages. Nominal damages must be inconsequential in amount and cannot reach tens of thousands of dollars.
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M.D. Fla.·
2019-09-27
The court held that, applying the Abbasi test, a Bivens remedy is not available for First Amendment retaliation claims by federal prisoners due to special factors, including alternative remedies and congressional action through the PLRA.
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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.·
2019-08-27
The court held that the plaintiff inmate had properly exhausted administrative remedies, and therefore, the defendant's motion to dismiss based on failure to exhaust was denied.
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Del.·
2019-05-02
The Delaware Supreme Court reversed the Court of Chancery's decision, holding that Invenergy breached the LLC Agreement by conducting a Material Partial Sale without Leaf's consent or paying the Target Multiple. The Court found that Section 8.04 unambiguously required Invenergy t
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Del. Ch.·
2019-02-21
The Delaware Court of Chancery held that the Buyer did not breach the Operating Agreement by failing to ensure the Sellers received the contingent consideration, as the Buyer's actions were aimed at maximizing the long-term value of the Company and were entirely fair. The court a
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113 La. 869·
M.D. Fla.·
2019-02-05
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Del. Ch.·
2018-07-31
The court held that there was no enforceable promise to lease the Curran Theatre to the company, as the parties' recollections of the conversation were irreconcilable and lacked clear evidence of mutual assent on essential terms. However, the court found that the owners of the Cu
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Del. Ch.·
2018-05-17
The Court held that the issuance of securities in a private offering was not a prohibited distribution under the Limited Partnership Agreement (LPA) because it was an exchange for value. However, the Court found that the transaction was a conflicted transaction that was not fair
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179 So. 3d 392·
Fla. 5th DCA·
2015-11-06
The Fifth District Court of Appeal affirmed a trial court's determination that a permanent easement for vehicular traffic existed between two adjacent properties, one containing a Popeyes restaurant, but reversed the award of nominal damages as excessive and remanded for adjustme
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138 So. 3d 544·
Fla. 1st DCA·
2014-04-30
The court held that nominal damages for breach of fiduciary duty should not be reduced by the value of the appellants' occupancy of the property.
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809 F. Supp. 2d 636·
S.D. Fla.·
2013-06-21
The court held that the plaintiff's securities fraud claims were time-barred because a reasonably diligent plaintiff would have discovered the facts constituting the violation more than two years before the lawsuit was filed.
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Del. Ch.·
2013-01-31
The Court held that the Director Defendants breached the LLC's Operating Agreement by issuing units without proper authorization and without obtaining the required Common unitholder consent. However, the Court found that these breaches caused no actual damages to the plaintiff an
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100 So. 3d 187·
Fla. 4th DCA·
2012-10-24
The court held that the evidence did not support a finding that the Club actually expelled the member, thus the award of the full membership deposit was improper.
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105 So. 3d 1·
Fla. 2d DCA·
2012-09-21
The court held that a plaintiff claiming invasion of privacy does not need to prove special or pecuniary damages, and mental suffering constitutes recoverable damages.
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684 F. Supp. 2d 1365·
S.D. Fla.·
2010-02-12
The court held that the plaintiff's speech was off-campus and protected, and that the defendant was not entitled to qualified immunity for suspending her.
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13 So. 3d 504·
Fla. 1st DCA·
2009-06-09
Akeem Muhammad, a Muslim prisoner, challenged the Florida Department of Corrections' refusal to accommodate his religious dietary needs during Ramadan and housing conditions, claiming violations of RLUIPA, the First Amendment, Eighth Amendment, and Fourteenth Amendment. The court
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571 F. Supp. 2d 1270·
S.D. Fla.·
2008-07-29
The court held that a prisoner's civil rights complaint seeking compensatory damages is barred by the Prison Litigation Reform Act if the prisoner fails to allege a physical injury.
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Del. Ch.·
2007-09-04
The Court held that while AmerisourceBergen Corporation (ABC) breached its contractual duties to actively and exclusively promote Bridge Medical, Inc. (Bridge) products, the plaintiffs failed to prove that these breaches caused Bridge to miss its earnout targets with reasonable c
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508 F. Supp. 2d 1126·
M.D. Fla.·
2007-05-16
The court adopted the Magistrate Judge's report and recommendation, denying plaintiffs' motion for partial summary judgment and granting defendant's motion for summary judgment.
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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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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
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199 F. Supp. 2d 1264·
N.D. Fla.·
2002-05-03
The court held that the plaintiff's allegations of sexual assault, including forced oral sex, resulting in physical pain, cuts, bruises, vomiting, and shock, constitute 'physical injury' under the PLRA, 42 U.S.C. § 1997e(e), thus allowing claims for compensatory and punitive dama
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Del. Ch.·
2001-01-12
The court affirmed the approval of a class and derivative action settlement, holding that claims based on a breach of the duty of disclosure in a proxy statement, where no economic or voting rights were impaired, would only support equitable relief, not monetary damages. Furtherm
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765 So. 2d 749·
Fla. 1st DCA·
2000-05-26
David Brown, an inmate, appeals the dismissal of his complaint seeking damages from the Department of Corrections Secretary for loss of his legal papers. The court affirmed the dismissal, holding that Florida law provides no remedy for claims based on denial of access to courts o
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671 So. 2d 216·
Fla. 4th DCA·
1996-04-03
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837 F. Supp. 1188·
M.D. Fla.·
1993-11-18
The court held that the plaintiff failed to establish a prima facie case of sex discrimination for the Vocational Director position and that her contract non-renewal was not retaliatory, affirming the jury's findings and denying a new trial.
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997 F.2d 280·
7th Cir.·
1993-06-21
The court held that a partner's right to a survey and sea trial is supported by other provisions of the partnership agreement, requiring remand for further proceedings, but affirmed dismissal of the tort claim and the award of nominal damages for temporary offer revocation.
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980 F.2d 138·
2d Cir.·
1992-11-23
Ortiz is entitled to attorney's fees for work done after the defendant offered a post-deprivation hearing, as her litigation vindicated pre-deprivation due process rights. The district court's reduction of hours and rates for pre-offer work is affirmed.
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977 F.2d 437·
8th Cir.·
1992-10-13
The dissenting judge believes the district court erred in ordering a retrial on damages only, arguing it is unfair to the defendant in an Eighth Amendment case.
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972 F.2d 920·
8th Cir.·
1992-08-13
The court affirmed the district court's judgment, holding that the magistrate judge did not err in granting summary judgment to supervisors, admitting impeachment testimony, or awarding attorney's fees, and that the nominal damages award was not a plain injustice.
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973 F.2d 706·
9th Cir.·
1992-07-31
The court held that nominal damages must be awarded for a proven violation of constitutional rights, and that state law claims for false arrest and imprisonment should not have been dismissed based solely on the existence of probable cause when the arrest was otherwise unlawful.
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973 F.2d 1271·
6th Cir.·
1992-06-09
The court held that it was plain and prejudicial error to require plaintiffs to prove proximate cause for nominal damages in a malicious libel case, and that the prior remand necessitated further consideration of whether a new trial on § 1983 liability was required due to Monell
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966 F.2d 847·
4th Cir.·
1992-06-01
The court held that while the district court correctly found Aetna liable for violating a statute prohibiting cancellation of an agency due to auto insurance volume, it erred by failing to hold a hearing to determine damages. The court affirmed the liability finding but vacated t
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919 F.2d 64·
7th Cir.·
1990-11-28
The court held that the statement that the plaintiff lied was substantially true because a prior state court judgment established that her application for a building permit contained a false certification regarding compliance with local ordinances. Therefore, the defamation claim
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568 So. 2d 983·
Fla. 1st DCA·
1990-10-22
In this personal injury appeal, the Fryes sought a new trial after a jury awarded Mr. Frye $140,000 in damages but awarded Mrs. Frye nothing on her loss-of-consortium claim. The appellate court affirmed the damages award to Mr. Frye as legally sufficient but reversed and remanded
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878 F.2d 138·
4th Cir.·
1989-06-20
The court held that the district court erred in awarding only nominal damages for copyright infringement because the infringer failed to meet its statutory burden of proving profits attributable to non-infringing sources. The court remanded for a new trial on damages.
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538 So. 2d 949·
Fla. 4th DCA·
1989-02-15
The court affirmed the trial court's finding on possession date and dismissal of civil theft, but reversed the failure to award nominal damages for lease breach and the dismissal of the conversion count.
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859 F.2d 78·
8th Cir.·
1988-10-12
The court held that a breach of contract that does not cause any monetary damages does not entitle the plaintiff to substantial monetary relief.
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834 F.2d 922·
11th Cir.·
1987-12-21
The court held that the compensatory damages award for fraud was a prohibited double recovery and reversed it, remanding for nominal damages, while affirming other judgments.