1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
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Del. Super. Ct.·
2019-04-12
The Court granted the Defendant's motion to dismiss Count 3 of the Plaintiff's Amended Complaint, finding that the allegations of fraud failed to meet the heightened pleading requirements of Superior Court Civil Rule 9(b). The Court excluded an untimely affidavit submitted by the
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Del. Super. Ct.·
2019-03-07
The court granted the defendant's motion to dismiss several counts, including intentional misrepresentation, fraudulent inducement, negligent misrepresentation, breach of the covenant of good faith and fair dealing, Illinois Consumer Fraud Act, and gross negligence. However, the
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121 La. 1083·
M.D. Fla.·
2019-02-27
Agreements for indefinite duration are terminable at-will under Missouri law, and a termination letter only affects works specifically identified within it.
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Del. Super. Ct.·
2018-12-12
The court held that AR Capital is entitled to Side C coverage under the insurance policies, finding that the policy language created an ambiguity that was resolved by the parties' conduct and the insurers' prior payments. The court also found that the insurers have a duty to adva
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The Delaware Court of Chancery denied in part and granted in part motions to dismiss. The court held that the plaintiff stockholder had standing to pursue breach of fiduciary duty claims alongside its appraisal action. It further found that the Corwin doctrine did not apply at th
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110 La. 109·
M.D. Fla.·
2018-11-05
The court held that the defendant's communications, a mortgage statement and a 1099-C form, did not constitute debt collection under the FDCPA or FCCPA, thus dismissing the plaintiff's claims under those acts.
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Del. Ch.·
2018-11-02
The Court denied Defendant Alexion Pharmaceuticals, Inc.'s motion to dismiss Plaintiff Shareholder Representative Services, LLC's (SRS) breach of contract claim. The Court held that SRS's claim that Alexion failed to use Commercially Reasonable Efforts in developing SYNT001 was r
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106 La. 356·
S.D. Fla.·
2018-10-23
The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
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The Court of Chancery denied the county defendants' motion to dismiss Count III of the complaint, finding that it possesses subject matter jurisdiction over the claim that the counties are violating the statutory "Market Value Requirement" by using decades-old property assessment
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The Court denied the defendants' motions to dismiss, finding that the plaintiffs had sufficiently pled claims for tortious interference with prospective economic advantage and civil conspiracy under either California or Delaware law. The court determined that the plaintiffs alleg
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The Court of Chancery denied the defendant's motion to dismiss a breach of contract claim, finding that key provisions of the merger agreement were ambiguous. The court held that the plaintiff's allegations, if proven, could establish a breach of contract based on the interpretat
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18 La. 1·
S.D. Fla.·
2018-04-26
The court held that all claims against the defendants were subject to dismissal, either due to the statute of limitations, judicial immunity, or the Rooker-Feldman doctrine, and that amendment would be futile.
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The Delaware Court of Chancery denied defendants' motion to dismiss, finding that plaintiffs had adequately pled facts supporting a reasonable inference that Elon Musk was a controlling stockholder of Tesla. Consequently, the court held that the Corwin doctrine, which would have
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The Court granted the Defendant's motion to dismiss, finding that the Plaintiff failed to plead common law fraud with the particularity required by Delaware Superior Court Civil Rule 9(b). The Plaintiff was granted leave to amend the complaint.
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Del. Ch.·
2017-09-05
The Court of Chancery Master recommended granting the respondents' motion to dismiss the complaint without prejudice because the plaintiff's claims were not ripe for judicial review. The Master found that the plaintiff failed to comply with the mandatory pre-litigation mediation
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The Court denied Express Scripts, Inc. and United BioSource LLC's motion to dismiss Bracket Holding Corp.'s amended complaint, granted Jim Stewart's motion to dismiss, and granted in part and denied in part Bracket Holding Corp. and PCP Managers LLC's motion to dismiss UBC's amen
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The Court of Chancery denied the motion to dismiss as to the Polk Family and Polk Family Directors, finding it reasonably conceivable that they acted as a controlling stockholder group and engaged in self-dealing subject to the entire fairness standard. However, the Court granted
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S.D. Fla.·
2017-07-05
The court held that the plaintiff failed to state a claim for excessive force against the county due to lack of allegations of policy or custom, and that the negligent training claim was barred by sovereign immunity.
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Del. Super. Ct.·
2017-06-29
The court granted the defendants' motion to dismiss, holding that the plaintiff's claims were barred by Delaware's two-year statute of limitations. The court found that Delaware's Borrowing Statute applied, requiring the application of the shorter limitations period, and that the
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The Court of Chancery denied the defendants' motion to dismiss, finding that the plaintiff's claims regarding stock options and warrants granted to directors and a voting agreement were ripe for adjudication. The court held that entire fairness review, not the business judgment r
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Del. Super. Ct.·
2017-05-17
The Court granted in part and denied in part Dr. Pfaff's motion to dismiss. The motion to dismiss Count I, alleging breach of the 2014 non-compete agreement, was granted because the 2017 agreement, which was fully integrated, superseded the 2014 agreement and contained no non-com
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The Court of Chancery dismissed the derivative action because the plaintiff failed to plead particularized facts demonstrating that demand on the board to pursue the litigation would be futile. While the court acknowledged that the plaintiff's allegations might trigger Unocal's e
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Del. Ch.·
2017-05-11
The court granted the defendants' motion to dismiss, finding that the plaintiff's claims for breach of fiduciary duty and aiding and abetting were barred by laches. The court determined that the plaintiff's tolling arguments were an impermissible collateral attack on a prior arbi
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The Court of Chancery denied the motion to dismiss the indemnification claim (Count I), finding the Stock Purchase Agreement ambiguous regarding whether contractual limitations on recovery apply to claims based on fraudulent representations by the Company. The Court granted the m
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The Court granted the defendant's partial motion to dismiss, finding that the plaintiff failed to plead separate damages for its fraudulent inducement claim distinct from its breach of contract claim. Because the damages alleged for both claims were identical, the fraudulent indu
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The court held that it should decline to exercise supplemental jurisdiction over the defendants' state-law counterclaim in an FLSA action due to exceptional circumstances, including the disfavored nature of employer counterclaims in FLSA cases and the lack of factual overlap.
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The Delaware Court of Chancery granted the defendants' motion to dismiss, holding that a majority vote of disinterested stockholders, which was both uncoerced and fully informed, cleansed any alleged breaches of fiduciary duty by the directors. The court found that even if the pr
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The court granted in part and denied in part the defendants' motion to dismiss. The court dismissed Count I (breach of fiduciary duty) as to defendants Blaszyk, Burnett, Calhoun, Sitrick, Holt, and Miller for failure to plead demand futility with particularity. However, the court
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The court held that voicemails left by a debt collector identifying the company and its status as a debt collector provided meaningful disclosure and were not 'communications' under the FDCPA because they did not convey information regarding a specific debt.
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The Court of Chancery granted in part and denied in part the motion to dismiss counterclaims. Portions of the counterclaims were dismissed as time-barred by the statute of limitations and laches, and one counterclaim for breach of a cooperation clause in a separation agreement fa
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The Court granted the Hiller Defendants' motion to dismiss Count V for abuse of process, finding that the plaintiffs failed to state a claim. The court determined that the allegations regarding the initiation of the fee collection lawsuit and the settlement offer letter did not m
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Del. Super. Ct.·
2016-06-03
The court granted in part and denied in part the plaintiff's motion to dismiss. Counts II (unfair competition), III (tortious interference with contractual relationships), and IV (misappropriation of trade secrets) were dismissed as barred by Pennsylvania's gist of the action doc
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The appellate court affirmed the trial court's dismissal of Rite Aid's third-party complaint against Michael Spence's father. The court held that Rite Aid failed to plead the requisite elements for its claims of invasion of privacy, intentional infliction of emotional distress, n
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The Court of Chancery granted the defendants' motion to dismiss, finding that the plaintiffs failed to state a claim for breach of fiduciary duty. The court held that the allegations regarding the exclusion of speculative financial projections from valuation analyses were insuffi
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S.D. Fla.·
2016-03-17
The court held that the City of Miami's Second Amended Complaint failed to state a timely claim under the Fair Housing Act due to insufficient factual allegations regarding discriminatory loans within the limitations period and failed to plead a disparate impact claim consistent
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M.D. Fla.·
2016-03-16
The court held that the plaintiffs failed to adequately plead a conspiracy to fix prices under Section 1 of the Sherman Act, as allegations of parallel conduct alone, without sufficient 'plus factors' or evidence of acting against economic self-interest, do not establish an agree
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The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
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2016 U.S. Dist. LEXIS 24255·
S.D. Fla.·
2016-02-23
The court held that the plaintiff's claims under 42 U.S.C. § 1981 were properly dismissed without prejudice for failure to state a claim, but her claims under Title VII and the Florida Civil Rights Act could proceed.
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Del. Ch.·
2016-01-25
The court held that Count IV of the complaint, alleging unjust enrichment, fails to state a claim and is dismissed. Count III, alleging aiding and abetting a breach of fiduciary duty, is dismissed as to Cohen but survives as to MS Pawn. The court denied the remaining motions to d
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The court granted the defendants' motion to dismiss, finding that the plaintiffs, inmates challenging a Delaware statute that denies them access to certain Department of Correction policies and procedures, failed to establish standing and did not state a claim upon which relief c
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The court granted in part and denied in part the defendants' motions to dismiss. Count Two, alleging violations of 12 Del. C. § 1201(a)(4), was dismissed because it lacked allegations of a government-issued certificate or receipt. However, Count One, alleging violations of 12 Del
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The court held that the plaintiff lacked standing under the FDCPA because she was not obligated to pay the debt, and the notices provided were not deceptive or misleading to the least sophisticated consumer.
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Del. Ch.·
2015-10-07
The court denied the school district's motion to dismiss, finding that the plaintiffs' complaint stated valid claims under both federal and state law. The court held that the district's actions, including targeted get-out-the-vote efforts, providing rewards for voting, and engagi
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Del. Ch.·
2015-09-10
The Delaware Court of Chancery granted in part and denied in part the defendants' motion to dismiss and strike. The court denied the motion to dismiss Counts II and III, finding them moot or lacking subject matter jurisdiction, respectively. The court denied the motion to strike
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S.D. Fla.·
2015-09-01
The EEOC may bring a "pattern or practice" lawsuit under Section 707(a) of Title VII without first filing an individual charge of discrimination or engaging in conciliation.
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A motion to dismiss an FCRA claim should be denied if plaintiffs allege that a technically true but incomplete credit report, failing to note third-party fault for a late payment, was misleading and that the furnisher failed to investigate the dispute.
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The Court denied the defendants' motion to dismiss, finding that the plaintiff had adequately pled claims for breach of contract/indemnification, fraud, aiding and abetting fraud, and civil conspiracy. The court determined that the plaintiff's allegations, when viewed in the ligh
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2015 U.S. Dist. LEXIS 152210·
M.D. Fla.·
2015-07-22
The court held that filing a debt collection suit in an improper venue, without more, does not constitute a false representation of the debt's legal status under the FDCPA.
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A plaintiff's claim under 15 U.S.C. § 1681s-2(b) is not barred simply because the alleged conduct also implicates duties under § 1681s-2(a), for which there is no private right of action.
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The Court of Chancery granted the defendants' motions to dismiss, holding that the plaintiffs, as AbbVie stockholders who acquired their shares after the alleged wrong occurred, lacked statutory standing to bring a derivative suit on behalf of AbbVie. The court declined to grant