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Fla. 3d DCA·
2026-04-29
A final foreclosure judgment is prematurely entered when the trial court grants summary judgment on the foreclosure claim without first adjudicating pending affirmative defenses and counterclaims. The affirmative defenses and counterclaims must be resolved before a final judgment
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Del. Ch.·
2026-02-27
In a Delaware Section 225 proceeding, the Court of Chancery resolved a control dispute over Teliporter (US) Inc., ruling that plaintiff Edmondson cannot use a technical defect of his own creation to seize control from the parent company Holdings. Although Edmondson never signed t
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Del.·
2026-01-27
Russell L. LaFon, Sr., as personal representative of his deceased son's estate, sought a declaratory judgment that his son's marriage to Jacqueline Marie Felmlee was invalid because it lacked the statutorily required two witnesses at the ceremony. The Delaware Supreme Court held
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S.D. Fla.·
2026-01-05
The court granted in part and denied in part motions to strike affirmative defenses, treating some as denials, striking others as improper defenses, and allowing some to proceed.
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Fla. 2d DCA·
2025-12-03
When a defendant in an unlawful detainer action asserts an equitable interest in the property, the matter must be treated as ejectment, which is within the exclusive jurisdiction of circuit courts, and county courts lack subject matter jurisdiction to hear such claims.
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Del. Ch.·
2025-11-19
The Court of Chancery dismissed Darren's counterclaims and crossclaims for breach of fiduciary duty, civil conspiracy, and aiding and abetting breach of fiduciary duty. The Court found that Darren's own conduct in orchestrating and facilitating the invalid trust decanting preclud
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S.D. Fla.·
2025-09-22
The court held that a plaintiff's failure to submit expert testimony does not automatically bar a legal malpractice claim if the attorney's breach of duty is obvious to a layperson, and collateral estoppel does not apply when the issues in the criminal plea and the civil action a
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Del. Ch.·
2025-09-08
The Court of Chancery denied Robert Jones's eight pending motions. The court held that a shareholder's grant of a proxy does not divest them of standing to bring derivative claims, that the doctrine of unclean hands is generally not a basis for dismissal at the pleading stage, an
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S.D. Fla.·
2025-08-18
The court recommended granting in part and denying in part the motion to strike affirmative defenses, treating some as denials and upholding others.
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S.D. Fla.·
2025-08-13
The court granted in part and denied in part the plaintiffs' motion to strike affirmative defenses, striking one defense and allowing others to proceed.
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M.D. Fla.·
2025-08-07
The court denied motions in limine seeking to exclude evidence of plaintiffs' other lawsuits, settlement discussions, and trade secret identification documents, while also denying the exclusion of 'standalone' trade secret claims.
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M.D. Fla.·
2025-05-30
The court held that a defendant's reliance on settlement discussions and the presentation of several potential defenses constitute good cause to vacate a clerk's default.
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Del. Super. Ct.·
2025-05-05
The court denied Corteva's motion for reargument, finding that Corteva failed to demonstrate that the court overlooked controlling precedent or misapprehended the law or facts. The court reiterated that motions for reargument cannot be used to rehash previously decided arguments
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Fla. 3d DCA·
2025-04-16
Unlicensed contractors are prohibited by section 489.128, Florida Statutes, from asserting contractual defenses, and a trial court abuses its discretion by permitting such defenses to be presented to a jury when the contractor's status as unlicensed is established.
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Del. Ch.·
2025-04-14
The Court granted Plaintiff's motion for summary judgment, holding that he is entitled to advancement of his legal fees and expenses under Webinar's mandatory advancement bylaw. The Court found that Webinar's arguments regarding Plaintiff's personal capacity and the unclean hands
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S.D. Fla.·
2025-03-18
The court denied the motion for a stay pending appeal because the appellants failed to satisfy all four required factors, particularly the likelihood of irreparable harm.
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S.D. Fla.·
2025-03-11
The court held that affirmative defenses directed at unpled claims or that are merely conclusory should be stricken, while those that function as denials should be treated as such rather than stricken.
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M.D. Fla.·
2025-02-14
The court held that while the plaintiff is the prevailing party and entitled to costs, the case was not exceptional, thus denying attorneys' fees under the Lanham Act.
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S.D. Fla.·
2025-01-23
Ramindesign, LLC contracted with Jacek Skarzynski to plan and develop a luxury home in Miami, but the parties disputed whether Ramindesign had committed material breaches of the contract when payment stopped mid-project. The court recommended denying Ramindesign's motion to strik
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Fla. 1st DCA·
2024-12-04
A spouse is equitably estopped from challenging the validity of a marriage as bigamous and void when the spouse has accepted the benefits of the marriage for over 25 years through cohabitation, joint tax filings, property ownership, and public representation as a married couple,
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M.D. Fla.·
2024-09-30
The court denied the respondent's motion to dismiss, finding that the petitioner sufficiently alleged the child's habitual residence and that claims of domestic violence constitute affirmative defenses to be raised later.
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Del. Ch.·
2024-09-16
The Delaware Court of Chancery held that ARC Global Investments II, LLC (ARC) partially prevailed on its breach of contract claim against Digital World Acquisition Company (DWAC) and its directors. The court determined the correct conversion ratio for Class B common stock to Clas
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Del. Ch.·
2024-09-04
The Court of Chancery held that the plaintiffs' claims were barred by the doctrine of unclean hands due to their fraudulent conduct and presentation of false evidence. The court also found that no partnership existed between Wallace and Double Forest, and that the agreements for
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Del. Ch.·
2024-08-30
The Court of Chancery properly granted partial judgment on the pleadings for the plaintiff, MSO Parent, on its declaratory judgment claims. The merger and subsequent amendment of the subsidiary's limited liability company agreement were valid under the Delaware Limited Liability
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S.D. Fla.·
2024-08-13
A motion for default judgment must include a meaningful memorandum of law explaining the elements of the claims and damages requested, not merely conclusory allegations.
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S.D. Fla.·
2024-08-05
The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
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Del. Ch.·
2024-07-24
The Court held that the attempted decanting of assets from the 2012 Trust to the 2014 Trust was a nullity because the trustees lacked the statutory authority to invade the principal of the 2012 Trust. Consequently, equity did not support the transfer of assets, and the assets wer
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S.D. Fla.·
2024-06-10
A Venezuelan corporation sued a Florida fixed-base operator for negligence after the operator released a stored aircraft to a man claiming to be its new owner, who presented fraudulent ownership documents and removed the aircraft. The court denied the plaintiff's motion for summa
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Del. Ch.·
2024-05-15
The Delaware Court of Chancery held that the buyer (TransCanada) was entitled to a settlement credit under DUCATA, but not to the extent argued, due to its own misconduct. The court allocated 50% of the responsibility for the Sale Process Claim and 42% for the Disclosure Claim to
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S.D. Fla.·
2024-04-16
Cardinal Point, LLC and its members sold their healthcare reinsurance distribution business to EPIC Holdings in 2019 under an Asset Purchase Agreement with an earnout structure, but the business significantly underperformed projections and EPIC stopped operations and terminated t
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Del. Ch.·
2024-04-05
The court found that the Respondent breached her fiduciary duties to the Estate by improperly expending estate funds for personal use and by retaining specific personal property belonging to the Estate. The court ordered a surcharge against the Respondent's share of the Estate an
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M.D. Fla.·
2024-04-04
The court held that while the Ohio default judgment is entitled to full faith and credit regarding the unenforceability of the original 2006 note, it does not preclude U.S. Bank from asserting a valid lien based on the 2013 loan modification.
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390 So. 3d 154·
Fla. 3d DCA·
2024-04-03
Deeds procured by fraud are voidable in equity, and a corporation that wholly entrusts a transaction to an agent bears the risk that the agent's knowledge of misconduct will be imputed to the corporation under the sole actor doctrine, rendering the bona fide purchaser defense ina
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M.D. Fla.·
2024-03-05
The court held that Plaintiff's motion for summary judgment was granted in part regarding subject-matter jurisdiction but denied on most affirmative defenses due to insufficient evidence and argument.
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Fla. 3d DCA·
2024-02-14
Mutual assent is an absolute condition precedent to contract formation, and absent mutual assent neither the contract nor any of its provisions come into existence. When essential matters remain open for further consideration, there is no completed contract requiring reciprocal a
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Del. Ch.·
2023-12-22
The Court grants Sunder Energy, LLC's application to certify its prior 'Injunction Decision' for interlocutory appeal. Although typically interlocutory rulings on preliminary injunctions are not appealable, this decision effectively dismissed the bulk of Sunder's claims, making i
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Del. Super. Ct.·
2023-12-18
The Court granted the Estate's Motion for Summary Judgment, holding that the life insurance policy was void ab initio as an illegal Stranger-Owned Life Insurance (STOLI) scheme under Delaware law. The Court found that the policy lacked an insurable interest at its inception and t
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S.D. Fla.·
2023-12-15
The court denied the defendant's motion for reconsideration, finding no manifest error of law or fact in its prior summary judgment rulings.
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Del. Ch.·
2023-12-13
The Court of Chancery granted Pilot Corporation's motion to strike the affirmative defenses of unclean hands and in pari delicto asserted by the Berkshire Defendants, finding they lacked the requisite nexus to Pilot's contractual claims. The Court also denied the Berkshire Defend
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Del. Ch.·
2023-12-01
The Delaware Court of Chancery held that the defendants breached their voting commitment under the stockholders agreement by voting against a proposal to increase the company's authorized shares. The court found that the exceptions to the voting commitment did not apply and that
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M.D. Fla.·
2023-11-15
The court denied the motion to dismiss the counterclaim but granted the motion to strike three affirmative defenses, allowing leave to amend.
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Fla. 4th DCA·
2023-11-01
The appellate court reversed a trial court's decision that barred a former wife's motion to enforce a prenuptial agreement based on res judicata. The court found the prior denial was not a clear adjudication on the merits, as it likely stemmed from the prematurity of the motion d
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M.D. Fla.·
2023-10-31
The district court reversed the bankruptcy court's dismissal, holding that the Rooker-Feldman doctrine did not bar the claims because the appellant was not a party to the state court foreclosure judgment, and remanded the fraudulent transfer claim for further consideration.
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M.D. Fla.·
2023-09-22
The court held that the parties entered into an oral contract for the defendant to temporarily hold inheritance funds, and the defendant breached this contract by failing to return the money upon request.
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S.D. Fla.·
2023-08-08
Dennis Scott sued Paychex Insurance Agency based on an insurance certificate of insurance (COI) that Paychex allegedly issued to general contractor James Jones despite knowing that the underlying workers' compensation policy would be cancelled before the stated expiration date, l
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367 So. 3d 543·
Fla. 4th DCA·
2023-08-02
The appellate court reversed a final summary judgment foreclosing a homeowners' association's lien. The court found the judgment was premature because it was entered before the homeowner's legally interrelated counterclaims were resolved.
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M.D. Fla.·
2023-07-28
The court held that motions to strike affirmative defenses are granted in part and denied in part, striking some defenses, treating others as denials, and denying motions to strike for others.
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Del. Super. Ct.·
2023-07-18
The Delaware Superior Court granted partial summary judgment on several issues. The court found that the limitation of damages provision in the Navigator Agreement did not apply to all contract claims, specifically those arising under Sections 2.4.1 and 3.3.1, which allow for a f
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M.D. Fla.·
2023-06-07
MacuHealth, LP sued Vision Elements, Inc. for false advertising claims based on Vision Elements' representations that its Early Defense supplement was manufactured without Class 2 solvents like hexane and methanol. The court granted MacuHealth's summary judgment motion in part, f
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S.D. Fla.·
2023-05-10
The court held that the City's interpretation of its zoning ordinance was impermissible, and genuine disputes of material fact precluded summary judgment on the First Amendment retaliation claim and the counterclaim. The court granted summary judgment on the Fourteenth Amendment