1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
-
The Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiff failed to state a claim upon which relief could be granted. The court found that the disclosure claims were not material, the fiduciary duty claims were either exculpated by the company's
-
Del. Ch.·
2009-04-06
The Court denied Defendants' motion to dismiss the First Complaint, finding that Plaintiff sufficiently pled claims for dissolution, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing. However, the Court granted Defendants' motion to dismi
-
The court granted the defendants' motion to dismiss, finding that the plaintiff failed to state a claim for breach of contract. The Merger Agreement did not obligate Aladdin to force Blackstone to agree to the OCC's demands, nor did Blackstone's refusal to assent constitute an af
-
593 F. Supp. 2d 1289·
S.D. Fla.·
2009-01-06
The court held that the plaintiff failed to state a claim for attempted extortion under the Hobbs Act because the defendant did not allege that the union obtained any property, only that it coerced the plaintiff.
-
The Court of Chancery has subject matter jurisdiction over the action based on allegations of alter ego and piercing the corporate veil. The motion to dismiss for failure to comply with Rule 3(aa) is denied as moot. The motion to dismiss for failure to state a claim is granted in
-
622 F. Supp. 2d 1347·
S.D. Fla.·
2008-12-22
The court held that HUD's decision not to take enforcement action against the Housing Authority regarding the termination of Section 8 benefits is committed to agency discretion and therefore not subject to judicial review under the APA.
-
593 F. Supp. 2d 1281·
S.D. Fla.·
2008-12-18
The court held that the Fair and Accurate Credit Transactions Act's (FACTA) prohibition on printing credit card expiration dates applies only to physically printed receipts, not electronic on-screen displays.
-
The court held that the Chief Judge is entitled to qualified immunity because he acted within his discretionary authority and did not violate clearly established constitutional rights, and the plaintiff lacks standing.
-
The Fair and Accurate Credit Transaction Act (FACTA) does not apply to internet receipts automatically displayed on a computer screen, as the term 'print' in the statute refers to tangible, paper receipts.
-
The Court of Chancery denied the defendants' motion to dismiss Count I (breach of fiduciary duties) against the February 2006 directors, finding the allegations sufficient to survive a Rule 12(b)(6) challenge. However, the Court granted the defendants' motion to dismiss Count III
-
The court held that relators failed to plead fraud with the particularity required by Rule 9(b) because they did not allege specific false claims submitted to the government, which is a requirement under Eleventh Circuit precedent.
-
Del. Ch.·
2008-07-14
The Delaware Court of Chancery held that it lacked personal jurisdiction over defendants Horizon and Bright because their prior litigation in Delaware did not constitute consent to jurisdiction for the current dispute, nor did the current action arise from their prior jurisdictio
-
The court held that most of the plaintiff's claims challenging the City's adult entertainment ordinance survived the motion to dismiss, but the takings claim was dismissed without prejudice.
-
A contractual indemnity action can be filed before judgment is entered and damages are paid in the underlying action.
-
The Court grants in part and denies in part Plaintiffs Sterling's motion to dismiss Digital's counterclaim. Claims related to the purchase price component of the SNS Agreement and the Property Agreement are dismissed due to contractual time limitations. The motion is denied as to
-
Del. Ch.·
2008-02-01
The court granted the defendants' motion to dismiss for failure to state a claim. The plaintiff failed to adequately plead claims for breach of fiduciary duty based on disclosure violations, as the alleged omissions were either disclosed, immaterial, or not known by the defendant
-
Del. Ch.·
2007-10-17
The amended complaint is dismissed as time-barred. Claims challenging actions taken pursuant to a contract formed in 1986 accrue at the time of the contract's formation, not when the effects of those terms are felt. Plaintiffs failed to plead facts demonstrating equitable tolling
-
Del. Ch.·
2007-10-09
The court held that the partnership agreement, not common law, provided the relevant standard of care for the general partner's oversight duty. Because the general partner delegated nearly all managerial responsibilities to conflicted entities, its residual duty of oversight requ
-
Del. Ch.·
2007-08-22
The Court of Chancery refused to certify an interlocutory appeal of its discovery order, finding that the defendants failed to meet the extraordinary circumstances required by Supreme Court Rule 42. The court reasoned that the defendants' reliance on an internal audit committee r
-
Del. Ch.·
2007-08-13
The Court of Chancery denied defendants' motion to dismiss Counts I and II, finding that plaintiffs had sufficiently alleged demand futility and stated claims for breach of fiduciary duty and invalidity of transactions. The Court granted the motion to dismiss Count III regarding
-
500 F. Supp. 2d 1359·
S.D. Fla.·
2007-08-09
The court held that the plaintiff's claim for unpaid wages and overtime under the FLSA could proceed, denying the defendants' motion to dismiss on grounds of jurisdiction, real party in interest, and commercial motor vehicle operator exemption.
-
The Court of Chancery properly dismissed the plaintiff's complaint, holding that Series B Preferred Stock shareholders did not possess a right to vote on the merger under 8 Del. C. § 253. Because the Series B shareholders only had a contractual right to consent and approve, and n
-
Del. Ch.·
2007-04-30
The court recommends granting the motion to dismiss the petition seeking to void a spendthrift provision or invalidate a Delaware trust. The trust qualifies as an asset protection trust under Delaware law, and the petitioner failed to plead sufficient facts to overcome its protec
-
484 F. Supp. 2d 1279·
S.D. Fla.·
2007-04-24
The court held that the plaintiff failed to allege sufficient facts to overcome the defendants' qualified immunity defense, as the allegations were too vague and conclusory to establish a violation of clearly established constitutional rights.
-
The court held that the amended complaint substituting a successor entity as plaintiff relates back to the original filing date, and thus the defendant's motion to dismiss for lack of standing is denied.
-
The court partially grants the motion to dismiss, dismissing Counts I (consulting contracts) and VIII (misrepresentations in 2004 proxy statement) entirely, and Count VII (contempt) as procedurally improper. Count IV (related-party transactions) is dismissed except for transactio
-
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,
-
Del. Ch.·
2006-11-15
The court denied the defendants' motions to dismiss, finding that the plaintiffs sufficiently pleaded claims for breach of fiduciary duty of loyalty. The court held that the allegations supported a reasonable inference that KKR exercised actual control over Primedia and engaged i
-
The court held that the plaintiff's bad faith claim failed because the underlying action was not resolved favorably to the insured, and damages were not caused by the insurer's alleged bad faith.
-
Del. Ch.·
2006-08-25
The Court of Chancery properly dismissed the amended complaint. The plaintiff corporation lacked standing to sue for breach of fiduciary duty or the implied covenant of good faith and fair dealing, as the alleged injury of being unable to pay dividends enriched the corporation. F
-
447 F. Supp. 2d 1292·
M.D. Fla.·
2006-08-15
The court modified the Magistrate Judge's Report and Recommendation to include abstention analysis, denied the motion for preliminary injunction, and granted the motion to dismiss certain claims, abstaining from others.
-
The Court denied the defendants' motions to dismiss, finding that the plaintiff's complaint sufficiently alleged that Cox and Comcast were controlling shareholders of At Home Corporation. The Court concluded that the allegations, taken together, supported an inference of actual c
-
The court held that the plaintiffs sufficiently alleged knowing violations of the Driver's Privacy Protection Act (DPPA) and that the DPPA preempts conflicting state law, denying the defendant's motion to dismiss.
-
The Delaware Supreme Court affirmed the Court of Chancery's dismissal of all claims against General Motors (GM), its directors, and The News Corporation Limited (TNCL). The court held that the Court of Chancery properly considered the entire Consent Solicitation document and took
-
430 F. Supp. 2d 1262·
M.D. Fla.·
2006-01-25
The court held that the Sarbanes-Oxley Act does not revive claims that were already time-barred before its effective date, irrespective of inquiry notice.
-
Del. Ch.·
2005-12-20
The Court denied the motion to dismiss for breach of contract and promissory estoppel, finding that the complaint adequately stated claims for these causes of action. However, the Court granted the motion to dismiss for fraud, negligent misrepresentation, equitable fraud, and bre
-
368 F. Supp. 2d 1292·
M.D. Fla.·
2005-05-13
The court held that the settlement agreement did not clearly preclude the dormant Commerce Clause claim, but that the Port Authority, as a governmental entity, is immune from punitive damages under 42 U.S.C. § 1983.
-
The Delaware Court of Chancery granted motions to dismiss filed by General Motors Corporation (GM), its directors, and The News Corporation Limited (News Corp.), finding that the plaintiffs failed to state claims upon which relief could be granted. The court held that the allegat
-
The Court denied the defendants' motion to dismiss the amended complaint, finding that the plaintiff had sufficiently pleaded facts to excuse the demand requirement on the board of directors and to state a claim for breach of fiduciary duty. The Court concluded that there was a r
-
390 F. Supp. 2d 1073·
M.D. Fla.·
2005-02-15
The court held that Lockheed Martin sufficiently alleged claims for monopolization and conspiracy to monopolize, except for claims based on the heavy-lift launch services market, which was deemed too small.
-
Del. Ch.·
2005-02-10
The court denied the defendants' motions to dismiss and continued the motion for summary judgment, allowing the plaintiffs limited discovery. The court found that the settlor's motion to dismiss, supported by extrinsic evidence, should be converted to a motion for summary judgmen
-
Del. Ch.·
2004-11-17
The Delaware Court of Chancery largely denied the defendants' motion to dismiss. The court sustained the plaintiff's claim for the appointment of a receiver under 8 Del. C. § 291, finding sufficient allegations of insolvency and potential bad faith conduct by the board. However,
-
Del.·
2004-11-04
The Court reversed the Court of Chancery's dismissal of Wal-Mart's claims, holding that the limitations defense required a more developed record and could not be decided as a matter of law on a motion to dismiss. The Court found that the lower court erred in considering extrinsic
-
312 B.R. 699·
M.D. Fla.·
2004-07-20
The court held that the plaintiffs failed to state a claim for relief and lacked standing for certain claims, but granted leave to amend the complaint.
-
The court held that the plaintiffs' bad faith claim failed to state a claim upon which relief could be granted. The court found that under Delaware law, underinsured motorist (UIM) coverage is not triggered until the limits of all available bodily injury liability policies have b
-
The court held that it lacked subject matter jurisdiction under the Federal Tax Injunction Act because the plaintiffs sought to enjoin state tax collection and had a plain, speedy, and efficient remedy in state court.
-
305 F. Supp. 2d 1308·
S.D. Fla.·
2004-01-28
The court granted Carnival's motion for summary judgment on some claims, finding no genuine issue of material fact regarding discrimination, but allowed other claims to proceed.
-
Del.·
2003-12-02
The Delaware Supreme Court held that landowners within a historic district and the Dover Historical Society have standing to challenge the Planning Commission's approval of a new office building. The Court reversed the Superior Court's dismissal of these parties' claims, finding
-
The court granted the defendants' motion to dismiss with prejudice, holding that the plaintiff, having lost her stockholder status in an arm's-length merger, failed to plead facts supporting a reasonable inference that the merger was a fraud perpetrated merely to deprive her of s
-
284 F. Supp. 2d 1368·
S.D. Fla.·
2003-09-04
The court held that the plaintiff adequately stated a claim for violation of a constitutional right and that the defendants are not entitled to dismissal based on qualified immunity at this stage.