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Del. Ch.·
2023-08-02
The court entered judgment for NetApp, finding that Cloud Jumper breached multiple representations in the merger agreement and committed fraud by misrepresenting its financial condition through an internal billing practice. NetApp was awarded damages of $4,598,978, representing t
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369 So. 3d 716·
Fla. 4th DCA·
2023-08-02
A contractual provision in a marital settlement agreement stating that an equitable distribution lump sum "shall not bear or accrue interest" applies only to the period before the payment is due; once the payment matured on its due date and remained unpaid, prejudgment interest a
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Del. Super. Ct.·
2023-07-18
The court granted FedEx's motion to stay the Delaware action based on the doctrine of comity, deferring to the Pennsylvania court's decision to proceed with the litigation. The court found that while the Delaware action was filed first, comity warranted a stay to avoid conflictin
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S.D. Fla.·
2023-07-17
The court granted Plaintiffs' motion for default final judgment, finding that the well-pleaded allegations in the complaint established liability for breach of contract, fraudulent misrepresentation, promissory estoppel, and unjust enrichment.
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S.D. Fla.·
2023-07-11
The Court affirmed the bankruptcy court's orders converting the case to Chapter 7 and denying motions for reconsideration and reconversion, and dismissed the appeal of the denial of a stay pending appeal.
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M.D. Fla.·
2023-06-21
The court granted the plaintiff's motion to defer rulings on pending motions until an appeal is resolved.
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Del. Super. Ct.·
2023-06-20
The court granted in part the plaintiff's application for costs, prejudgment interest, and post-judgment interest. Pretrial expenses like special master and mediator fees were denied as costs. Technology fees for trial presentations were awarded, but not for pretrial preparation
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Fla. 5th DCA·
2023-06-09
An equitable distribution worksheet in a dissolution of marriage must include a precise value for all liabilities, including shareholder derivative damages; leaving such amount as "TBD" is inconsistent with a judgment intended to distribute all assets and liabilities and requires
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Fla. 5th DCA·
2023-06-09
This case involves a consolidated appeal concerning a family business dispute and a dissolution of marriage. The appellate court affirmed most of the trial court's judgment but reversed and remanded a portion related to the equitable distribution of marital assets and liabilities
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Fla. 5th DCA·
2023-06-09
The trial court must include a precise monetary value on the Equitable Distribution Worksheet for shareholder derivative damages rather than leaving it marked "TBD," and must specifically consider whether such damages should be treated as a marital liability, particularly given t
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S.D. Fla.·
2023-06-06
The court held that Isaac Industries established its entitlement to summary judgment on its breach-of-contract claims against both Pequiven and Bariven, and that Pequiven waived its sovereign immunity.
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Fla. 3d DCA·
2023-05-24
An insurer is not liable for prejudgment interest from the date of loss when it timely pays an appraisal award without having denied coverage, even if the insurer fails to respond promptly to the initial proof of loss. The Lugassy exception applies only when an insurer expressly
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S.D. Fla.·
2023-05-01
Patagonia, Inc. sued Worn Out LLC for trademark infringement related to the "WORN WEAR" marks, and Worn Out counterclaimed alleging that Patagonia fraudulently obtained and maintained those trademark registrations by falsely representing in USPTO applications that it used the mar
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S.D. Fla.·
2023-04-28
The court held that the defendant's defamatory statements caused significant reputational and emotional harm, warranting substantial general damages.
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M.D. Fla.·
2023-04-17
The court recommended granting Plaintiff's motion for default judgment, awarding damages, prejudgment interest, post-judgment interest, and costs, and dismissing one count.
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M.D. Fla.·
2023-04-17
The court adopted the Magistrate Judge's Report and Recommendation, granting default judgment against defendants on Counts I and III.
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M.D. Fla.·
2023-04-17
The court granted Plaintiff's motion for default judgment, awarding damages and interest based on the breach of the indemnity agreement.
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M.D. Fla.·
2023-03-27
The court recommended granting default judgment for violations of the Florida Uniform Fraudulent Transfer Act and Aiding and Abetting Breaches of Fiduciary Duties, but denied the Unjust Enrichment claim as moot because it was pled in the alternative.
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S.D. Fla.·
2023-03-23
Plaintiffs, as foreign representatives of Cayman Islands companies, sued Deutsche Bank for facilitating a Ponzi scheme through the opening and management of custody accounts that allowed fraudsters to misappropriate investor funds. The court granted in part and denied in part def
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Fla. 3d DCA·
2023-03-15
An insurer that does not deny coverage but instead pays a covered loss within the timeframe prescribed by the policy is not liable for prejudgment interest from the date of loss. A denial of coverage must be affirmative; an insurer's failure to communicate or delay in responding,
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Fla. 3d DCA·
2023-03-15
The appellate court affirmed a lower court's decision denying prejudgment interest to an insured, Hawks Nest Condominium, against its insurer, Westchester Surplus Lines Insurance Company. The court found that the insurer's actions, including a delayed response and subsequent paym
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M.D. Fla.·
2023-03-06
The court held that prejudgment interest on unjust enrichment claims should be calculated from the date the complaint was filed, not from invoice dates, due to equitable considerations and the failure of breach of contract claims.
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M.D. Fla.·
2023-02-24
The court recommended granting Plaintiff's motion for default judgment in part, finding sufficient allegations for copyright infringement and removal of copyright management information, and awarding statutory damages and injunctive relief.
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S.D. Fla.·
2023-01-17
The court held that defendants Barnes and Jones are liable for fraudulent misrepresentation, conversion, unjust enrichment, civil conspiracy, and violations of the Florida Deceptive and Unfair Trade Practices Act, awarding MBI $2,000,000.00 plus interest.
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S.D. Fla.·
2023-01-13
The court adopted the Magistrate Judge's recommendation for disgorgement and prejudgment interest, but modified the civil penalty, finding the recommended $50,000 appropriate given the defendant's reckless conduct and financial condition.
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S.D. Fla.·
2022-12-22
The court granted the plaintiff's motion to amend the judgment to include pre-judgment interest, finding that the COVID-19 pandemic delays did not constitute peculiar circumstances justifying denial.
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S.D. Fla.·
2022-12-07
The court adopted in part the Magistrate Judge's Report and Recommendation, granting a permanent injunction, a five-year penny stock bar, and ordering disgorgement, while modifying the scope of the injunction.
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S.D. Fla.·
2022-11-22
The court granted in part defendants' motion to correct the final judgment, specifically to fix a clerical error in disgorgement calculations and recalculate prejudgment interest, but denied their request to relitigate the reliance on an expert report.
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M.D. Fla.·
2022-11-09
The court entered judgment for the Plaintiff on the negligence claim, awarding a specific monetary amount plus prejudgment interest.
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S.D. Fla.·
2022-10-26
The court held that it had jurisdiction to rule on the motion for prejudgment interest and attorneys' fees due to a limited remand and that prejudgment interest on damages, costs, and attorneys' fees should be calculated from the date of the arbitration award.
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S.D. Fla.·
2022-10-21
The court granted the SEC's motion, ordering disgorgement of $277,806, prejudgment interest of $43,365, and a $50,000 civil penalty against the defendant for securities violations.
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S.D. Fla.·
2022-09-19
The court adopted the magistrate judge's recommendation to grant in part and deny in part the motion to tax costs, and granted motions for attorneys' fees and interest.
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S.D. Fla.·
2022-08-31
The court held that the interest rate for Title III damages is the weekly average 1-year constant maturity Treasury yield from the date of confiscation to the date the action was brought, interest is simple, and the trebling provision applies to the certified claim plus interest.
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45 F.4th 1301·
11th Cir.·
2022-08-19
The Eleventh Circuit held that a demand for prejudgment interest under Georgia law is timely if made before the entry of a coercive final judgment, not merely a declaration of liability.
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M.D. Fla.·
2022-08-10
The SEC brought securities fraud charges against Spartan Securities Group and related defendants for making materially false statements in connection with penny stock offerings, and a jury found the defendants liable on one of fourteen counts for violations of Section 10(b) and R
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M.D. Fla.·
2022-08-03
A crane manufacturer's subsidiary was found liable for negligence in failing to timely provide critical safety warnings about a dangerous crane component and for providing incomplete training to new equipment operators, which combined to cause a catastrophic boom collapse that ki
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S.D. Fla.·
2022-07-14
The court adopted the magistrate judge's report and recommendation, granting default judgment against the defendants and awarding damages, interest, and attorney's fees.
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Fla. 3d DCA·
2022-07-13
Hosanna Community Baptist Church appeals a trial court's attorney's fees award of $5,000 against 24 HR Air Service, Inc., while the Contractor cross-appeals the Church's entitlement to attorney's fees. The appellate court affirms the Church's entitlement to recover attorney's fee
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Del. Ch.·
2022-07-06
The Delaware Court of Chancery denied the petitioners' motion to vacate an arbitration award and granted the respondents' cross-motion to confirm the award. The court found that the arbitrator did not exceed his powers in ruling on the corporate opportunity claim, disqualifying t
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M.D. Fla.·
2022-06-24
The court granted the plaintiff's motion for final default judgment, awarding damages, custodia legis expenses, and prejudgment interest, and directing the sale of the vessel.
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S.D. Fla.·
2022-06-08
The court granted in part and denied in part Uruguay's motion for judgment on the pleadings, enforcing the arbitration award but deferring the issue of prejudgment interest.
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Fla. 4th DCA·
2022-06-08
In this family law appeal, the Former Wife challenges a final judgment dissolving her marriage on six grounds related to homestead protections, alleged oral agreements, prejudgment interest, asset valuation, and attorney's fees. The appellate court affirmed five issues without di
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Fla. 4th DCA·
2022-06-08
Mitch Frownfelter appeals a final judgment dissolving her marriage to James Brian Frownfelter, raising six issues regarding homestead transfers, alleged oral gifts, prejudgment interest, vehicle valuation, and attorney's fees. The appellate court affirmed the trial court's decisi
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M.D. Fla.·
2022-05-10
The court held that prejudgment interest is a matter of right under Florida law when damages are liquidated, and sustained FEDCON's objection to quarterly interest calculations, adopting annual adjustments as per Fla. Stat. § 55.03.
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N.D. Fla.·
2022-05-09
The court held that under Kentucky law, prejudgment interest is not available for unliquidated personal injury claims, including those for noneconomic damages.
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Del. Ch.·
2022-05-04
The Delaware Court of Chancery found that James Harron breached his fiduciary duty of loyalty to Metro International and Metro LATAM by engaging in extensive outside consulting work, failing to disclose it, usurping a financing opportunity, and misusing confidential information.
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Fla. 4th DCA·
2022-04-27
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M.D. Fla.·
2022-04-19
The court adopted the Magistrate Judge's recommendation to recognize and enforce former counsel's charging liens, awarding them a quantum meruit amount of $6,128,500 plus interest, after finding that while misconduct occurred, it did not warrant complete forfeiture of fees.
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Fla. 3d DCA·
2022-03-09
This case involves an appeal by an insurance company challenging the trial court's orders granting attorney's fees to a medical provider. The appellate court affirmed the trial court's decisions, finding the awards supported by competent substantial evidence and that pre-judgment
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Fla. 3d DCA·
2022-03-09
United Automobile Insurance Company appealed trial court orders awarding attorney's fees to Coastal Radiology in two consolidated PIP benefits cases. After United stipulated to liability and confessed judgment, the trial court granted attorney's fees to five attorneys for Coastal