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Del. Ch.·
2020-08-31
The Court granted in part and denied in part Alphatec's motion to dismiss. The Court dismissed NuVasive's claims for unfair competition under California law (Count IV) and aiding and abetting breach of fiduciary duty (Count VIII) for failure to state a claim or plead sufficient f
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Del. Ch.·
2020-07-22
The Court of Chancery properly dismissed the plaintiff's claims for breach of the implied covenant of good faith and fair dealing and breach of fiduciary duty. The complaint failed to plead sufficient facts to put defendants on notice of the claims, did not establish a gap in the
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S.D. Fla.·
2020-04-21
The court denied Plaintiff's motion to strike eleven affirmative defenses, treating some as specific denials and finding others provided sufficient notice.
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M.D. Fla.·
2020-03-27
The court held that the complaint sufficiently stated a claim for relief under the Fair Credit Reporting Act and denied the motion to dismiss.
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M.D. Fla.·
2020-03-26
The court denied the plaintiff's motion to strike the defendant's affirmative defenses, finding they were sufficiently plead to provide notice.
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M.D. Fla.·
2020-02-03
The court held that Rule 11 sanctions are inappropriate when there are factual disputes regarding the allegations in the counterclaims.
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S.D. Fla.·
2020-02-03
The court held that the defendant's motion to dismiss should be denied because the plaintiff sufficiently pleaded negligence, and the motion to strike should be denied as the reply brief, while not ideal, did not warrant striking.
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M.D. Fla.·
2019-11-22
The court held that Plaintiff's claim for illegal detention against Officer Solakian fails because Plaintiff did not submit to authority, and that claims for failure to intervene against Officers Solakian and Belcher survive the motion to dismiss as they meet notice pleading requ
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M.D. Fla.·
2019-11-13
The court held that the plaintiff's complaint sufficiently alleged facts to state a plausible claim for unpaid overtime under the Fair Labor Standards Act, thus surviving the defendant's motion to dismiss.
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M.D. Fla.·
2019-11-04
The court held that the defendants' motion to dismiss should be denied because the plaintiffs adequately pleaded securities fraud under Section 10(b) and Rule 10b-5, and the alleged statements were not mere puffery.
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M.D. Fla.·
2019-10-31
A qui tam False Claims Act action filed by the United States against Doctor's Choice Home Care, Inc., alleging that the company submitted false Medicare claims for home health services funded through illegal kickbacks to physicians who referred patients and through prohibited fin
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M.D. Fla.·
2019-09-27
The court denied plaintiff's Rule 11 motion for sanctions, finding that while the affirmative defense was legally invalid, it did not rise to the level of bad faith or abuse of process required for sanctions.
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M.D. Fla.·
2019-09-23
The court denied the defendants' motion for reconsideration, finding they failed to demonstrate clear error or manifest injustice in the prior order denying their motion to dismiss.
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S.D. Fla.·
2019-08-28
The court held that the plaintiffs failed to state a plausible claim for negligence and negligent infliction of emotional distress because they did not allege specific injuries or causation.
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Del. Super. Ct.·
2019-08-07
The court granted PCS's motion to dismiss Brightstar's claim for misappropriation of trade secrets, finding that while Brightstar sufficiently alleged the existence of a trade secret, it failed to plead specific facts demonstrating misappropriation. The court partially granted Br
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Del. Ch.·
2019-01-07
The court denied the defendants' motions to dismiss. The court found that it had personal jurisdiction over defendant Mammano, that the plaintiffs adequately stated claims for breach of fiduciary duty, aiding and abetting, and trade secret misappropriation.
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Del. Super. Ct.·
2018-05-02
The appellate court affirmed the trial court's grant of summary judgment, holding that National Union had a duty to defend WoodSpring and its employee, Ms. Ruby, in the underlying litigation. The court found that the allegations in the ESA complaint, particularly Count V concerni
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Del. Super. Ct.·
2018-03-06
The court held that the defendant's notice of non-renewal of the service agreement did not constitute a termination triggering closing fees. The court found that the agreement provided a distinct option for non-renewal, separate from termination for breach, and that the defendant
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Del. Super. Ct.·
2017-03-22
The Superior Court of Delaware held that Section 1983 claims brought in state court must meet the plausibility standard, requiring specific factual allegations to support the claim. The court also affirmed that state law personal injury claims against state employees are barred b
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208 So. 3d 336·
Fla. 5th DCA·
2017-01-20
Florida appellate court reversed foreclosure judgment where trial court improperly rejected defendant's unlabeled affirmative defense based on lack of required face-to-face interview, holding that pleading labels are not controlling when factual basis provides sufficient notice.
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Del. Super. Ct.·
2016-08-25
The court denied plaintiffs' motion for clarification or reargument of the prior forum non conveniens dismissal. The court held that Delaware's forum non conveniens analysis does not require a threshold determination of an adequate alternate forum and that the requested condition
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Del. Super. Ct.·
2016-07-01
The court granted in part and denied in part the defendants' motion to dismiss, denied the motion to strike, and denied the motion for a more definite statement. The court dismissed the quantum meruit claim against Mr. Korotki individually and the fraud claim against both defenda
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Del. Ch.·
2015-06-05
The Delaware Court of Chancery granted in part and denied in part the defendant's motion to dismiss. The court denied dismissal for the plaintiff's claims of breach of contract and misuse of confidential information, finding that the interpretation of the Joint Development Agreem
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Del. Ch.·
2015-01-28
The Court denied the plaintiffs' motion to amend the complaint, finding that the proposed amendments would be unduly prejudicial to the defendants and would disrupt the orderly and fair trial of the case. The Court granted in part and denied in part the defendants' motion in limi
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Del. Ch.·
2013-12-20
The Court of Chancery properly granted the respondent's motion to dismiss the amended petition for failure to state a claim upon which relief could be granted. The petitioners failed to allege sufficient facts to support claims of lack of testamentary capacity or undue influence,
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Del. Ch.·
2013-11-27
The Court of Chancery granted in part and denied in part ENI's motion to dismiss KBR's amended counterclaim. The court held that parties can contractually agree to shorter limitations periods, and a survival clause can create such a period. Claims based on non-fundamental represe
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Del. Super. Ct.·
2013-11-18
The Delaware Superior Court held that Maryland Casualty Company had a duty to indemnify Premcor Refining Group, Inc. and Valero Energy Corporation for settlements made in wrongful death actions. The court also granted Maryland Casualty's motion to dismiss Premcor's third amended
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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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Del. Super. Ct.·
2012-08-08
The Delaware statute of limitations was tolled by the pendency of a class action in another jurisdiction, and the plaintiff's claim is not barred. The court rejected arguments against cross-jurisdictional tolling, a mass tort exception, and the finality of a prior federal forum n
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2012 U.S. Dist. LEXIS 190747·
M.D. Fla.·
2012-08-07
A plaintiff must provide sufficient factual allegations to state a plausible claim under the TCPA, including specific details about the calls received.
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782 F. Supp. 2d 1304·
N.D. Fla.·
2011-03-21
The court held that the defendants' motions to dismiss should be denied, and the plaintiffs' renewed motion for preliminary injunctive relief should be granted a hearing, because the plaintiffs sufficiently alleged standing and stated claims for relief.
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Del. Super. Ct.·
2009-11-23
The appellate court reversed the trial court's judgment, holding that the trial court erred by awarding damages on the theories of promissory estoppel and unjust enrichment, as these claims were never properly raised by the plaintiffs and the defendant was denied due process. The
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655 F. Supp. 2d 1316·
S.D. Fla.·
2009-09-30
The court adopted the magistrate judge's recommendation to grant USLI's motion to dismiss, finding its policy did not cover the FACTA claims, but denied Essex's motion to dismiss, finding a potential case or controversy regarding its policy.
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584 F. Supp. 2d 1328·
M.D. Fla.·
2008-10-27
The court held that it lacked personal jurisdiction over the defendant because the defendant's contacts with Florida were insufficient to establish minimum contacts or satisfy the Florida long-arm statute, and exercising jurisdiction would offend traditional notions of fair play
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976 So. 2d 663·
Fla. 1st DCA·
2008-03-13
The appellate court affirmed a trial court's award of attorney's fees, holding that the appellant waived its right to object to the fees not being pleaded by recognizing and acquiescing to the claim.
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536 F. Supp. 2d 1301·
S.D. Fla.·
2008-02-26
The court held that officers had arguable probable cause for the arrest, entitling them to qualified immunity, and thus dismissed the federal claims.
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510 F. Supp. 2d 671·
N.D. Fla.·
2007-02-13
The court held that the plaintiff failed to establish direct evidence of race discrimination related to his termination and that while he established a prima facie case for disparate treatment based on circumstantial evidence, the employer articulated a legitimate, nondiscriminat
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Del. Ch.·
2007-01-23
The Court of Chancery denied the defendants' motion to dismiss, finding that the plaintiff's complaint sufficiently stated claims for breach of fiduciary duty and waste. The court held that the disclosures made to stockholders were materially misleading, preventing ratification,
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401 F. Supp. 2d 1262·
M.D. Fla.·
2005-11-17
The court held that plaintiffs sufficiently stated a claim for monopolization under the Sherman Act and that ErinMedia has standing, but ReacTV lacks standing.
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Del. Ch.·
2005-06-06
The court awarded attorneys' fees of $1.275 million, substantially less than requested, finding that while the settlement was fair, the plaintiffs' initial complaints lacked merit and they took no appreciable risk. The court also proposed reforms to Delaware law to better balance
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390 F. Supp. 2d 1165·
M.D. Fla.·
2005-05-02
The court held that the plaintiff's allegations were sufficient to state a claim for tortious interference with a contractual relationship, as the defendant's alleged conduct, if proven, was intentionally and unjustifiably interfering with the plaintiff's employment.
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354 F. Supp. 2d 1309·
M.D. Fla.·
2005-01-21
The court held that the plaintiffs' allegations, taken as true, sufficiently stated a claim for a constitutional violation under 42 U.S.C. § 1983, and that qualified immunity was inapplicable, thus denying the defendants' motions to dismiss.
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133 F. Supp. 28·
S.D. Fla.·
2004-04-14
The court held that the plaintiffs' allegations regarding the defendant accounting firm's receipt of fees and reputational enhancement as a consequence of the alleged fraud were sufficient to survive a motion to dismiss under Rule 9(b).
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Del.·
2003-12-19
The Court reversed the Court of Chancery's dismissal of the complaint, holding that the complaint adequately stated claims for breach of contract, misuse of trade secrets, and unfair trade practices. The Court found that the contract provisions regarding confidentiality and the l
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Del. Super. Ct.·
2003-10-14
The court granted the plaintiffs' motion to amend their complaint, finding that justice required permitting the amendment. The court determined that the proposed amendments related back to the date of the original filing and that the defendants would not be unduly prejudiced.
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295 F. Supp. 2d 1349·
S.D. Fla.·
2003-09-25
The court granted motions to dismiss for failure to state a claim regarding the Robinson-Patman Act claims due to insufficient factual allegations, but granted leave to amend. Motions regarding other claims were granted or denied based on specific circumstances, with leave to ame
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Del. Super. Ct.·
2003-09-17
The Court denied the defendants' motion to dismiss, finding that the plaintiff had sufficiently pleaded claims for breach of the implied covenant of good faith and fair dealing, breach of contract, promissory estoppel, violation of the Delaware Wage Payment and Collection Act, an
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Del. Ch.·
2002-03-18
The Court of Chancery held that shares issued in violation of a certificate of designation provision that grants an entitlement to receive or purchase additional shares, but does not expressly prohibit issuance, are not void. Therefore, Superwire did not hold a majority of the vo
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965 F. Supp. 2d 353·
M.D. Fla.·
1999-06-17
The court held that the plaintiffs' amended complaint sufficiently pleaded claims for breach of contract and fraud to survive a motion to dismiss, as the allegations met the requirements of Federal Rules of Civil Procedure 8 and 9(b).
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957 F. Supp. 211·
M.D. Fla.·
1997-01-21
Claims based on assets held in the defendant's general account are dismissed due to a retroactive ERISA amendment, but claims based on assets held in separate accounts remain viable.