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M.D. Fla.·
2023-01-27
The court held that the plaintiff's Second Amended Complaint, like the prior version, failed to cure pleading deficiencies and was therefore dismissed.
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Fla. 2d DCA·
2023-01-13
The appellate court reversed a lower court's decision denying a father's petition to modify child support. The lower court improperly relied on an "unclean hands" defense that was not raised by the mother, and failed to address several issues and stipulations presented by the par
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M.D. Fla.·
2023-01-11
The court granted in part and denied in part the motion to strike affirmative defenses, striking the third and fourth defenses while denying the motion as to the second defense.
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Del. Ch.·
2022-12-13
The Court of Chancery recommends granting the plaintiff's motion for partial summary judgment and denying the defendant's cross-motion. The former attorney-in-fact lacked the statutory authority to act because he failed to execute the required certification under the Delaware Dur
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S.D. Fla.·
2022-12-13
The court held that while Defendant Amanda Schumacher's failure to attend mediation was sanctionable, default judgment was not warranted; instead, Defendants must pay mediation expenses and attorney's fees for Plaintiffs' counsel.
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M.D. Fla.·
2022-12-12
Arthur Gilfus sued McNally Capital for breach of contract, breach of fiduciary duty, promissory estoppel, and unjust enrichment arising from McNally's use of confidential business information about a Nortrax equipment dealership opportunity that Gilfus had shared. The court grant
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M.D. Fla.·
2022-12-08
The Court denied Plaintiff's motion to strike Defendant's affirmative defenses, finding that most were sufficiently pleaded or that striking them was not warranted at this stage.
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Del. Ch.·
2022-09-30
The Delaware Court of Chancery held that the Avgiris brothers, as majority members of A-B Brothers, LLC, validly removed the Bouikidis brothers as managers. The court found that the LLC agreement governed the membership interests and manager removal, and that the defendants' affi
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M.D. Fla.·
2022-09-19
The court held that the appraisal award sets a ceiling for necessary repair costs, but the insurer is only liable for the amount actually spent by the assignee on repairs, not necessarily the full appraisal award. Summary judgment was granted in part for the plaintiff on specific
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S.D. Fla.·
2022-05-26
The court granted in part and denied in part the motion to strike affirmative defenses, striking only the Tenth Affirmative Defense for being frivolous.
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S.D. Fla.·
2022-05-24
The court held that a motion to strike an affirmative defense is a drastic remedy and should be denied if the defense has a possible relation to the controversy and causes no prejudice.
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M.D. Fla.·
2022-04-06
The court held that the defendants' second amended fourth and sixth affirmative defenses were sufficiently pled and denied the plaintiff's motion to strike them.
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M.D. Fla.·
2022-03-31
T.T. International, a Chinese refrigerant distributor, sought recovery from Florida importers BMP International and BMP USA for unpaid shipments of goods, claiming breach of contract, unjust enrichment, account stated, and open account claims, while the defendants disputed whethe
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M.D. Fla.·
2022-02-09
The court granted in part and denied in part plaintiff's motion to dismiss amended counterclaims and strike affirmative defenses, striking several defenses and portions of the counterclaim while allowing others.
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Fla. 2d DCA·
2022-01-14
The appellate court reversed portions of a final judgment in a contentious marriage dissolution case. The court found the trial court erred by granting partial summary judgment to additional defendants and disregarding the Former Wife's evidence regarding commingling of assets, w
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Del. Super. Ct.·
2022-01-12
The court held that the life insurance policies were void ab initio because they lacked an insurable interest, as the insureds were induced by investors to procure the policies with pre-negotiated arrangements for immediate sale, and neither insured actually paid the initial prem
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M.D. Fla.·
2022-01-03
The court held that most of the defendant's affirmative defenses were not clearly invalid as a matter of law and denied the motion to strike them, but granted the motion to strike one defense.
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M.D. Fla.·
2021-12-17
The court held that Plaintiff's motion to strike Defendants' affirmative defenses is denied because the defenses are sufficiently pled to provide notice and relate to the trademark infringement claim.
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S.D. Fla.·
2021-11-08
The court granted partial summary judgment for the plaintiff on several affirmative defenses, finding them legally inapplicable or factually unsupported, but denied it on others where genuine disputes of material fact remained.
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M.D. Fla.·
2021-11-04
The court held that material issues of fact preclude summary judgment on the Title IX selective enforcement claim and the breach of contract claim regarding the fairness of the investigation, but granted summary judgment for the university on the breach of contract claim concerni
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Del. Ch.·
2021-06-23
The Delaware Court of Chancery held that Dr. Goldberg breached his fiduciary duty of loyalty by engaging in conflicted transactions without proving entire fairness. The court rejected Dr. Goldberg's unclean hands defense and awarded nominal damages of $1.00 to Macrophage. The con
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S.D. Fla.·
2021-06-17
Bluegreen Vacations sued timeshare termination service defendants, alleging they falsely advertised guaranteed contract cancellation services and engaged in coordinated schemes involving false advertising, tortious interference, and fraud that caused timeshare owners to default o
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S.D. Fla.·
2021-05-10
The court held that while some affirmative defenses were properly pled, others were insufficient due to lack of specificity or inapplicability to FLSA claims and were stricken, with leave to amend for some.
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Del. Ch.·
2021-04-29
The court awarded damages to the plaintiff based on a liquidated damages clause in the employment agreement, requiring the defendant to pay 1.5 times the value of business moved to a competitor. The court also awarded the plaintiff 50% of its attorney's fees, finding that the def
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M.D. Fla.·
2021-04-19
The court granted in part Plaintiff's motion for reconsideration, allowing review of discovery requests on the merits, but denied Plaintiff's second motion to compel as untimely.
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Fla. 2d DCA·
2021-03-26
The appellate court reversed a lower court's denial of a preliminary injunction, finding that a neighbor's use of a high-powered security camera to surveil a backyard enclosed by a privacy fence could constitute invasion of privacy. The court certified a question of great public
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Del. Ch.·
2021-03-23
The court held that Pearl City Elevator, Inc. (Pearl City) complied with the terms of Adkins Energy, LLC's (Adkins) Third Amended Operating Agreement in acquiring sufficient membership units to justify designating a seventh Governor to the Board of Governors. The court found that
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Del. Super. Ct.·
2021-02-15
The Superior Court granted in part and denied in part Columbus Life's motions to dismiss counterclaims and strike affirmative defenses. The court dismissed counterclaims for declaratory judgment based on waiver and estoppel, and for promissory estoppel, finding that such claims c
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S.D. Fla.·
2020-12-08
The court held that the complaint adequately states claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and that it has subject matter jurisdiction.
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S.D. Fla.·
2020-09-30
The court adopted the magistrate judge's report, granting summary judgment for plaintiffs on Counts I and II, and for defendant on Counts V, VI, and VII, while denying summary judgment on Count VIII.
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S.D. Fla.·
2020-09-29
The court granted in part and denied in part motions to strike affirmative defenses, applying a lower pleading standard to affirmative defenses.
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S.D. Fla.·
2020-09-11
B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
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Del. Ch.·
2020-07-31
The Delaware Court of Chancery held that the documents purporting to transfer 65% of a Delaware LLC's membership interests to an attorney were not binding contracts, as they were part of a sham transaction designed to satisfy Argentine regulations. The court found that the attorn
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M.D. Fla.·
2020-05-04
A motion to strike affirmative defenses is denied if the defenses are not frivolous or clearly invalid as a matter of law, and the movant fails to show prejudice.
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Del. Ch.·
2020-04-29
The Court recommends denying the spouse's motion for partial summary judgment on claims that a life insurance beneficiary change and a vehicle title transfer were void. The Court also recommends denying the spouse's alternative motion for disbursement of a defaulted beneficiary's
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S.D. Fla.·
2020-04-21
The court denied Plaintiff's motion to strike eleven affirmative defenses, treating some as specific denials and finding others provided sufficient notice.
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S.D. Fla.·
2020-04-08
The court held that affirmative defenses are subject to the heightened pleading standard of Twombly and Iqbal, and granted the motion to strike because the defendant's affirmative defenses were vague, conclusory, and lacked factual support.
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Del. Ch.·
2020-02-19
The Court granted in part and denied in part the Plaintiff's motion to strike affirmative defenses and dismiss counterclaims. Specifically, the Court granted the motion to strike the fraudulent inducement and breach of contract affirmative defenses, finding they were too attenuat
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M.D. Fla.·
2020-02-11
Summary judgment is granted for defendants on the Lanham Act and FDUTPA claims due to lack of causation, but denied on tortious interference and civil conspiracy claims. Summary judgment is granted for plaintiffs on several affirmative defenses.
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S.D. Fla.·
2020-02-07
The court held that service of process on an attorney not appointed as an agent is insufficient, but granted leave to properly serve the defendant within 45 days. The court also struck some affirmative defenses for lack of specificity while construing others as denials or denying
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Del. Ch.·
2020-02-04
The court denied the petitioner's motion for judgment on the pleadings, finding that the doctrine of unclean hands barred the court from granting equitable relief. The trustees, who themselves allegedly performed an unlawful decanting of trust assets, could not invoke equity to u
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S.D. Fla.·
2020-01-15
The court granted in part and denied in part the parties' motions in limine, ruling on the admissibility of various pieces of evidence and arguments for the upcoming trial.
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S.D. Fla.·
2020-01-08
The court held that an affirmative defense of unclean hands, while generally inapplicable against government agencies enforcing public interest, may be permitted if the defendant can demonstrate egregious agency misconduct causing constitutional prejudice.
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Fla. 3d DCA·
2019-12-26
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S.D. Fla.·
2019-10-29
The court held that affirmative defenses, like complaints, are subject to the plausibility pleading standard established in Twombly and Iqbal, requiring factual support beyond conclusory allegations.
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S.D. Fla.·
2019-10-24
The court held that affirmative defenses must meet the same pleading standards as complaints, requiring factual specificity beyond conclusory allegations.
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S.D. Fla.·
2019-09-27
The court held that the contract was unambiguous, supported by consideration, and not procured by fraud, thus granting summary judgment for the plaintiffs on their declaratory judgment claim.
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Del. Ch.·
2019-07-03
The court recommended denying summary judgment on the challenger's claims regarding the validity of the will and the brother's duty to account, finding genuine issues of material fact. However, the court recommended granting summary judgment on the brother's counterclaim, orderin
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Del. Ch.·
2019-05-31
The Court denied the defendants' motion to dismiss, finding that the plaintiff adequately pleaded demand futility for derivative claims and stated valid claims for breach of contract, breach of fiduciary duty, and aiding and abetting. The court also rejected arguments for dismiss
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Del. Ch.·
2019-04-08
The Court granted summary judgment for the plaintiffs, finding that the defendants breached the purchase agreement by failing to indemnify the plaintiffs for losses incurred due to a letter of credit. The court determined that the notice provision relied upon by the defendants di