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Del. Ch.·
2008-03-28
The Delaware Court of Chancery held that a former director, Bohnen, was not entitled to advancement of legal fees under the corporation's bylaws as amended, because his rights had not vested before the amendments were enacted. The court found that the amendments clearly excluded
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974 So. 2d 623·
Fla. 4th DCA·
2008-02-27
The court held that the appellee cannot simultaneously affirm the note through reformation and disavow it by claiming damages for omitted terms.
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Del. Ch.·
2007-12-21
The court denied the plaintiffs' request for a declaratory judgment of rescission, finding it moot. The court found the defendant, NIIS, liable to Underwriters for negligent misrepresentation, awarding damages for legal and claims handling expenses but denying recovery for commis
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966 So. 2d 514·
Fla. 4th DCA·
2007-10-24
The Florida Fourth District Court of Appeal reversed and remanded a case involving the dissolution accounting of a family corporation, clarifying that prejudgment interest should be calculated only on the net damage award owed to the estate after offsetting corporate debts, not o
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Del. Ch.·
2007-08-16
The court held that Chetan was not entitled to an equitable ownership interest in the Land, as his claims were premised on an illegal business arrangement and his desired remedy would grant him an unfair windfall. The court further held that Vinod was entitled to a monetary judgm
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Del. Ch.·
2007-07-20
The court held that the seller committed fraud and breached the Asset Purchase Agreement by misrepresenting the radio station's financial condition, specifically by billing for commercials that were not aired, thereby artificially inflating its cash flow. The buyer was awarded da
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484 F. Supp. 2d 1275·
S.D. Fla.·
2007-03-23
The court granted plaintiffs request for prejudgment interest on back pay but denied it on compensatory damages, reasoning that common law and statutory caps preclude it for the latter. Post-judgment interest will accrue on the entire final judgment.
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Del. Super. Ct.·
2007-03-05
The court granted Plaintiff's application for attorneys' fees in part, awarding $674,382.20, plus fees for the fee application and pre- and post-judgment interest. Defendant's motion for limited discovery on the attorneys' fees issue was denied. Costs were deferred pending a form
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Del. Ch.·
2007-03-01
The court found that the bonus payments were not entirely fair to the company due to a flawed and self-interested process, and that the price terms were also unfair. Jerney was ordered to disgorge his $3 million bonus, pay a pro rata share of other bonuses and special litigation
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473 F. Supp. 2d 1227·
S.D. Fla.·
2007-02-08
The court held that EMC failed to prove its claims for set-off against WESCO's outstanding invoice balance, and WESCO was entitled to recover the unpaid amount.
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944 So. 2d 1148·
Fla. 2d DCA·
2006-12-08
The court held that the trial court erred in adding prejudgment interest to a child support credit and in selecting an incorrect date for when clear title was established.
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942 So. 2d 1·
Fla. 5th DCA·
2006-09-08
Dr. Sanford Dolgin appealed a $593,000 medical malpractice verdict, challenging the trial court's rulings on expert testimony, setoffs, and prejudgment interest. The appellate court affirmed the denial of contractual discount setoffs and the admission of expert testimony, but rev
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Del. Ch.·
2006-08-18
The court held that the merger was subject to entire fairness review because the directors, who were also significant stockholders remaining in the surviving entity, had a conflict of interest. Stockholders who voted for the merger were barred from recovery due to acquiescence, b
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440 F. Supp. 2d 1345·
S.D. Fla.·
2006-06-28
The court held that defendant Jay M. Levy committed sales solicitation fraud in violation of the Commodity Exchange Act and its regulations by misrepresenting risks and potential profits to customers.
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Del. Ch.·
2006-05-18
The court found that a parent company's long-form merger with its subsidiary was not entirely fair because the process involved unfair dealing and resulted in an unfair price. The court rejected the defendants' argument that the September 11th attacks justified the merger price,
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Del. Ch.·
2005-04-25
The Delaware Court of Chancery determined the fair value of Liberty Digital shares in an appraisal action. The court rejected the petitioners' valuation of the AT&T Access Agreement at $2.2 billion, finding it based on speculative assumptions. Instead, the court adopted the respo
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Del. Ch.·
2005-03-29
The court affirmed the Special Master's report regarding the reasonableness of attorney's fees and advancement, with one exception concerning the accrual date for pre-judgment interest. The court found that the Special Master's determination of reasonable fees, including those fo
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884 So. 2d 382·
Fla. 2d DCA·
2004-09-10
Hartford Fire Insurance Company sought reimbursement from Owners Insurance Company under an additional insured provision after paying damages to Clark Construction Group for property damage to the Tampa Federal Courthouse. The court affirmed Hartford's judgment against Owners but
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350 F. Supp. 2d 993·
S.D. Fla.·
2004-09-09
The court held that the insurer's denial of long-term disability benefits was wrong because the plaintiff was unable to perform the material duties of his regular occupation, and the insurer's interpretation of the policy terms was unreasonable.
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891 So. 2d 1·
Fla. 1st DCA·
2004-08-04
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881 So. 2d 1156·
Fla. 4th DCA·
2004-07-28
The court affirmed the award of attorney's fees under section 57.105, reversed the prejudgment interest and civil contempt order, and affirmed the denial of attorney's fees under section 772.104.
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Del. Super. Ct.·
2004-07-28
The appellate court affirmed in part and reversed in part the trial court's judgment. The court held that the subcontractor was entitled to the unpaid balance of the contract, plus interest, as the general contractor failed to prove its counterclaims for delay, defective work, an
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Del. Ch.·
2004-05-20
The court determined the fair value of Travelocity shares as of the merger date to be $32.76 per share. This value was reached by applying a 35% discount to Expedia's valuation multiples and adding a 30% control premium, after finding both parties' discounted cash flow analyses u
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867 So. 2d 1277·
Fla. 4th DCA·
2004-03-24
The Fourth District Court of Appeal reversed a trial court's final judgment enforcing a settlement agreement because the trial judge improperly added a condition regarding payment of costs and attorneys' fees that was not part of the original agreement. The court remanded for ent
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Del. Ch.·
2003-12-10
The Court of Chancery held that the plaintiff, a former officer and director, was entitled to indemnification for her expenses in prior litigation concerning the validity of a corporate meeting, but not for expenses related to claims on which she was unsuccessful. The court appli
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858 So. 2d 336·
Fla. 3d DCA·
2003-09-10
The court held that statutory attorney's fees cannot be included in the 'sum recovered' when calculating a contingency fee based on a percentage of the recovery.
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843 So. 2d 978·
Fla. 4th DCA·
2003-04-30
The court held that the trial court erred in refusing to establish a reasonable payment plan for fee awards and that the former wife is entitled to prejudgment interest on the fee award.
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829 So. 2d 1003·
Fla. 2d DCA·
2002-11-15
Appellants Gallagher and Franklin challenged a judgment awarding damages to Massad for five loans totaling $78,856. The court reversed the portion of the judgment relating to a 1987 loan, holding it was barred by the four-year statute of limitations, but affirmed the judgment on
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Del.·
2002-08-29
The Supreme Court of Delaware affirmed in part and reversed in part the Court of Chancery's decision. It held that a limited partnership agreement can create fiduciary duties mirroring corporate law, and that the agreement's provisions established an entire fairness standard for
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815 So. 2d 779·
Fla. 2d DCA·
2002-05-10
The court held that summary judgment was improper because the moving party failed to establish a legal entitlement to the funds and genuine issues of material fact remained.
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Del. Ch.·
2002-04-10
The court held that Advanta breached the Contribution Agreement by failing to disclose known facts about a significant miscoding problem, which rendered the Closing Balance Sheet inaccurate. The court also found Advanta liable for negligent misrepresentation. Advanta's defenses,
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811 So. 2d 777·
Fla. 3d DCA·
2002-03-13
Best Meridian Insurance Company appeals a jury verdict awarding the estate of a deceased insured $500,000 in life insurance benefits plus prejudgment interest and attorney fees. The court affirms, holding that the insurer failed to prove it mailed required lapse notices and that
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802 So. 2d 344·
Fla. 3d DCA·
2001-09-26
Arena Parking appeals a trial court order denying entry of a Second Amended Final Judgment with additur. The appellate court granted the motion to enforce mandate, directing the trial court to approve the additur and clarifying that the court should retain jurisdiction over futur
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790 So. 2d 1285·
Fla. 4th DCA·
2001-08-15
This case concerns the calculation of attorney's fees awarded to a prevailing party based on a contingency fee agreement. The appellate court held that the "recovery" in the fee agreement includes post-judgment interest, entitling the prevailing party to a percentage of that inte
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Del.·
2001-08-15
The Delaware Supreme Court reversed the trial court's application of pro rata allocation for insurance liability, holding that "all sums" provisions in the policies preclude such allocation. The Court affirmed the trial court's rulings on other issues, including the interpretatio
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790 So. 2d 1209·
Fla. 2d DCA·
2001-08-03
The court held that the trial court erred in awarding a credit for the plaintiff's insurance premium after the plaintiff's counsel withdrew that request.
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Del. Super. Ct.·
2001-06-15
The court held that an express oral contract was formed between the parties, obligating the defendant to pay the plaintiff $25 per name per jurisdiction searched, plus reimbursement for out-of-pocket expenses. The court also found that an implied in fact contract would yield the
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140 F. Supp. 2d 1314·
M.D. Fla.·
2001-04-24
The court held that genuine issues of material fact preclude summary judgment on the non-compete covenant claims, and that the defendant waived his right to arbitration due to extensive participation in litigation.
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784 So. 2d 1151·
Fla. 3d DCA·
2001-03-07
Palm Springs General Hospital terminated Dr. Valdes' radiology privileges without following required statutory and bylaw procedures, claiming it had entered into an exclusive contract with a different radiology group. The Florida appellate court affirmed a jury verdict of $168,00
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Del. Super. Ct.·
2001-02-27
The court held that while an implied in fact contract did not exist due to a lack of meeting of the minds on essential terms like price, a quasi contract was established. The defendants were unjustly enriched by the plaintiff's design services, and therefore, judgment was entered
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776 So. 2d 326·
Fla. 3d DCA·
2001-01-10
A guarantor's liability for prejudgment interest on a guaranteed note may exceed the stated limit of the guaranty because prejudgment interest accrues as a matter of law independent of the guaranty's cap.
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791 So. 2d 1120·
Fla. 4th DCA·
2000-12-06
The court held that the City of Pompano Beach is not liable for prejudgment interest under sovereign immunity, but affirmed the denial of its motions for directed verdict and judgment notwithstanding the verdict.
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761 So. 2d 373·
Fla. 3d DCA·
2000-04-26
The appellate court reversed in part a summary judgment, holding that the trial court erred in granting the former wife entitlement to the proceeds of a life insurance policy and the contents of an IRA, reversing the decision regarding the IRA and remanding for further proceeding
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758 So. 2d 716·
Fla. 4th DCA·
2000-04-05
Camper & Nicholsons International, Ltd. and Tron Sole prevailed at trial on a tortious interference claim against Dimitri Manios over a yacht brokerage commission dispute, recovering $790,000 but being denied prejudgment interest by the trial court. The appellate court reversed t
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746 So. 2d 1137·
Fla. 4th DCA·
1999-11-03
The Fourth District Court of Appeal reversed summary judgment for an insurance company that sought to rescind a disability insurance policy based on the insured's alleged failure to disclose a change in health condition between application and policy delivery. The court held that
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739 So. 2d 161·
Fla. 3d DCA·
1999-08-18
Nelson, a Utah resident and vice-president of a computer retailer, personally guaranteed a dealer agreement with a Florida-based company. After the retailer changed ownership without notifying the creditor and debts remained unpaid, the creditor sued Nelson in Florida. The court
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737 So. 2d 574·
Fla. 4th DCA·
1999-06-23
Budget Rent-A-Car appeals a personal injury judgment against it for injuries sustained in a collision involving one of its rental vehicles. The court affirmed the award of prejudgment interest from the verdict date and partially reversed regarding collateral source offsets for in
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734 So. 2d 476·
Fla. 4th DCA·
1999-05-12
The Davis appellants challenged a trial court judgment in a securities fraud case involving real estate tax shelter investments. The Fourth District affirmed the finding of a violation of Florida's securities statute (§ 517.301) for half of the College Square investment and the u
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45 F. Supp. 2d 1332·
M.D. Fla.·
1999-04-15
A signatory to a collective bargaining agreement is considered an 'employer' under ERISA and is liable for required benefit contributions, even if they also have an agreement with a third-party payroll service.
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722 So. 2d 926·
Fla. 2d DCA·
1998-12-16