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122 La. 492·
S.D. Fla.·
2019-02-08
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253 So. 3d 1174·
Fla. 5th DCA·
2018-08-10
Bankers Lending Company, a junior mortgagee on a half-acre parcel, redeemed a senior mortgage held by Pennymac and sought to foreclose on the entire ten-acre property through equitable subrogation. The trial court limited Bankers' foreclosure rights to only the half-acre parcel i
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Fla. 5th DCA·
2018-08-06
A junior mortgagee who pays off an entire senior mortgage debt is entitled to equitable subrogation to all rights of the senior mortgagee, including the right to foreclose on the entire mortgaged property, provided the five elements of equitable subrogation are met and the doctri
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Del. Super. Ct.·
2018-01-26
The Delaware Department of Labor's motion for summary judgment is denied because genuine issues of material fact remain regarding whether the plaintiff was subjected to unlawful gender discrimination and whether the employer's stated reasons for hiring another candidate were pret
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247 So. 3d 567·
Fla. 1st DCA·
2018-01-01
The severance of counterclaims and affirmative defenses that are inextricably intertwined with a lender's foreclosure claim constitutes a departure from the essential requirements of law causing irreparable harm, warranting certiorari relief and remand for trial of all claims tog
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Del. Ch.·
2017-12-19
The Court granted Standard General's motion for judgment on the pleadings, holding that the Agreements were valid and enforceable when entered into and that Charney breached provisions triggering an event of default under the Notes. The Court found Charney's affirmative defenses
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Del. Ch.·
2017-08-17
The Court vacated the injunction against Heartland and declined to issue new injunctions against Heartland, inTEAM, or Goodman, finding that both parties had unclean hands. The Court ordered Goodman to pay $399,997.08 in monetary damages to Heartland for breaching his non-compete
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Del. Ch.·
2017-07-31
The Delaware Court of Chancery held that the plaintiffs, the McKennas, were barred from equitable relief due to the "unclean hands" doctrine, as they made material misrepresentations about their experience and qualifications to induce the formation of the business entities. Furth
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Del. Super. Ct.·
2017-05-23
The Delaware Superior Court denied in part and granted in part motions for summary judgment in a legal malpractice action. The court found that claims against one attorney, Mr. Arban, were dismissed due to lack of expert testimony and minimal involvement. Claims regarding damages
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Del.·
2017-02-13
The Delaware Supreme Court affirmed the Court of Chancery's judgment appointing a custodian to sell TransPerfect Global, Inc. The Court held that the custodian statute (8 Del. C. § 226) permits the appointment of a custodian for stockholder and director deadlock, even in a profit
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Del. Ch.·
2016-12-27
The Court of Chancery held that a stockholder's claims challenging a "fee-shifting" bylaw were ripe for review because the bylaw's deterrent effect would likely prevent its validity from ever being judicially tested. The court further held that the fee-shifting bylaw is facially
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191 So. 3d 481·
Fla. 4th DCA·
2016-03-09
A former wife appealed the dismissal of her petition to modify custody, timesharing, and child support based on the trial court's application of the unclean hands doctrine. The appellate court reversed, holding that the trial court erred by dismissing the petition without first h
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Del. Ch.·
2016-02-01
The Delaware Court of Chancery partially granted a Section 220 inspection request by directors of NavLink, Inc. The court held that while directors have broad inspection rights for purposes reasonably related to their position, not all communications among directors and officers
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Del. Ch.·
2015-10-27
The Court held that the plaintiff's unconditional written resignation was invalid because it was obtained through material misrepresentations by the company's counsel, who failed to disclose that the board intended to vet potential new directors and had requested the removal of t
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Del. Ch.·
2014-11-17
The court recommended denying the plaintiff's request for a permanent injunction to remove the defendant's barn, finding that the relevant restrictive covenant was too vague and imprecise to be enforceable. The court also denied the plaintiff's request for specific performance of
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Del. Ch.·
2014-08-15
The court found that the defendant, a corporate officer and director, breached his fiduciary duty of loyalty to the plaintiff corporation by diverting corporate revenues and assets to his own company. The court denied the defendant's motion to preclude the plaintiff's expert test
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Del. Ch.·
2014-05-21
The Court held that Dr. Alexander Arrow validly resigned from the Biolase board during a telephonic meeting. Dr. Sam Low's resignation was effective only after the meeting when he tendered his written resignation. Consequently, only one vacancy existed on the board during the mee
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Del. Ch.·
2014-01-03
The Court recommends granting summary judgment in favor of Petitioner Brian K. Marston. Respondent Timothy L. Tenerovich's refusal to cooperate with the agreed-upon auction sale constitutes a material breach of the settlement agreement. Furthermore, Tenerovich's counterclaim, whi
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123 So. 3d 124·
Fla. 5th DCA·
2013-10-11
Former Wife appeals the trial court's denial of her petition to relocate with the child to Indiana. The court affirmed, finding that Former Wife failed to prove relocation was in the child's best interest and demonstrated a pattern of disregarding court orders and interfering wit
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849 F. Supp. 2d 1123·
S.D. Fla.·
2013-10-07
The court held that genuine disputes of material fact preclude summary judgment on NPI's breach of contract claim and Natrol's counterclaims for breach of manufacturing agreements and express warranty, but NPI is liable under the Indemnity Agreement for Natrol's damages arising f
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Del. Ch.·
2013-07-15
The Court of Chancery should grant summary judgment in favor of the defendants on claims related to the expansion of equestrian activities and the expansion of the easement, as these issues are barred by the settlement agreement. However, summary judgment should be denied on the
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Del. Ch.·
2013-04-05
The court granted Simplexity's motion for a preliminary injunction, finding a likelihood of success on the merits regarding the enforceability of Zeinfeld's non-compete agreement and that Brightstar's proposed employment of Zeinfeld would violate it. The court also found that Sim
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Del. Ch.·
2013-01-25
The Delaware Court of Chancery found that the defendant breached the joint venture agreement and fiduciary duties by usurping corporate opportunities. The court interpreted the agreement broadly, finding that the defendant's actions in acquiring companies within the joint venture
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104 So. 3d 1129·
Fla. 2d DCA·
2012-11-28
The court held that the trial court did not err in denying the husband's petition for downward modification of alimony due to voluntary underemployment, but erred in failing to address the child support reduction for a child reaching majority.
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Del. Ch.·
2012-08-14
The court denied the counterclaim plaintiffs' claims for conversion, conspiracy, and aiding and abetting, and found them estopped from bringing claims for breach of fiduciary duty. The court granted the counterclaim plaintiffs' claim for reimbursement of private security guard co
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Del. Ch.·
2012-07-31
The Delaware Court of Chancery held that a written consent executed by Ark stockholders was valid, electing the Plaintiffs to the Board of Directors. The Court found that a prior issuance of super-voting preferred stock to the sole director was an invalid self-dealing transaction
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Del. Ch.·
2011-09-23
The Delaware Court of Chancery held that the defendant directors breached their fiduciary duty of loyalty by issuing Series B Preferred Stock with a class voting provision designed to entrench themselves and prevent a proxy contest. The court found that this action was subject to
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Del. Ch.·
2011-09-22
The Delaware Court of Chancery held that Firehouse Gallery, LLC and Eric Phillips each held a 50% voting membership interest in GnB, LLC. The court found that GnB possessed an exclusive license and an option to purchase the domain name candles.com, along with other related domain
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805 F. Supp. 2d 1355·
S.D. Fla.·
2011-08-03
The court held that a student borrower cannot use alleged violations of the Higher Education Act (HEA) or the "unclean hands" defense based on FDCPA violations by the government's attorneys to avoid repaying a federally guaranteed student loan.
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Del.·
2010-05-10
The appellate court affirmed the lower court's decision validating the codicil, finding no merit in the appellants' arguments. The court held that the lower court's factual findings were not clearly erroneous, that the "clean hands" doctrine was not applicable, and that the propo
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643 F. Supp. 2d 1317·
N.D. Fla.·
2009-07-16
The court held that when an insured provides correct age and birth date to an insurer's agent, and the agent makes an error in recording it, the insurer cannot use policy provisions or statutes designed for misstated ages to reduce the death benefit.
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8 So. 3d 1189·
Fla. 4th DCA·
2009-04-15
In this real estate dispute, a property seller refused to close on a contract, claiming fraudulent inducement. The buyer sued for specific performance and breach of contract, while the seller sued his realtors for fraud and breach of fiduciary duty. The court affirmed the jury's
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Del. Ch.·
2009-02-27
The Court granted summary judgment for the defendants, finding that the plaintiff's claim for reformation of contract failed because the attorney who agreed to the amendment had the authority to bind the plaintiff, and his alleged conflict of interest was insufficient to preclude
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Del. Ch.·
2008-07-29
The court denied DuPont's request for a preliminary injunction, finding that DuPont had not demonstrated a reasonable probability of success on the merits of its claim that it could mix isoxadifen with non-sulfonylurea (non-SU) herbicides under the supply agreement. While DuPont
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Del. Ch.·
2008-02-15
The Court of Chancery granted summary judgment for the Welshes, finding the buyback provision void for violating the rule against perpetuities and the construction agreement unenforceable due to vagueness. The court denied the Welshes' motion regarding the developer's ability to
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972 So. 2d 872·
Fla. 3d DCA·
2007-09-19
Lennar Homes appealed a trial court judgment granting declaratory relief and specific performance to Dorta-Duque for breach of a settlement agreement. The court held that Lennar's obligations under the settlement were not excused because the contingencies specified in the agreeme
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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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2007 U.S. Dist. LEXIS 52313·
S.D. Fla.·
2007-07-19
The court held that the forum selection clause is valid and enforceable, and granted an anti-suit injunction, but found the choice of law clause not applicable to all substantive claims.
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509 F. Supp. 2d 1247·
S.D. Fla.·
2007-05-23
The court found that Defendants infringed upon Hidalgo's trademark by using the Hidalgo Mark in commerce without consent, likely causing confusion among consumers. The court also found that Defendants violated Section 43(a) of the Lanham Act by falsely designating the origin of g
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Del. Ch.·
2006-12-05
The Court of Chancery denied the Purchaser's application for specific performance, finding that the Purchaser had effectively terminated the agreement by its conduct regarding title defects. The Court determined that while the Defendants had a duty to subdivide the property, the
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Del. Ch.·
2005-12-15
The court held that the protective covenant in Thriftway's lease, prohibiting the sale of "food or food products intended for off-premises consumption," was not ambiguous and was limited to edible items. The court found that Thriftway had waived its right to enforce the covenant
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Del.·
2005-11-17
The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that the former officer was entitled to advancement of legal fees and expenses under the corporation's mandatory advancement bylaw. The court found that the "by reason of the fact" requirement was met,
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Del. Ch.·
2005-11-16
The court awarded Counterclaimants 25% of their attorneys' fees incurred in defending against Acierno's adverse possession claim due to Acierno's bad faith conduct, specifically a false averment in his complaint and misrepresentations in interrogatories. The court dismissed Count
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Del. Ch.·
2005-08-18
The court dissolved the LLC because the members were deadlocked, the business purpose was moot due to the termination of the sales and marketing agreement, and it was not reasonably practicable to continue operations. The court also found that all remaining counterclaims were bar
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905 So. 2d 149·
Fla. 3d DCA·
2004-10-27
The dissenting opinion would reverse the final judgment for specific performance because the buyer's conduct resulted in an unjust outcome and demonstrated unclean hands, precluding equitable relief.
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Del. Ch.·
2004-03-16
The Court of Chancery denied Homestore's motion for summary judgment on most of its defenses, finding that factual disputes remained regarding the "unclean hands" defense. The court also denied the plaintiff's motion for summary judgment, as a trial was necessary to resolve the f
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864 So. 2d 549·
Fla. 4th DCA·
2004-01-14
In this divorce modification case, the Fourth District Court of Appeal affirmed the trial court's termination of the wife's exclusive use of the marital home following her remarriage in 1994, but reversed and remanded regarding a December 1999 settlement agreement between the par
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836 So. 2d 1073·
Fla. 5th DCA·
2003-01-31
The appellate court granted certiorari to review a discovery order issued after a final judgment and while an appeal was pending. The court held that discovery is generally limited to pending actions and cannot be conducted after a final judgment unless for specific post-judgment
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1995 WL 642983·
M.D. Fla.·
2002-12-09
The court held that Defendant's affirmative defense of copyright misuse was insufficient as a matter of law and failed to meet pleading requirements, warranting its dismissal.
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705 So. 2d 982·
Fla. 4th DCA·
1998-01-28
The court reversed the trial court's dismissal of a former wife's post-dissolution petition for monetary relief and enforcement of a marital settlement agreement, holding that the motion to dismiss was procedurally infirm because it relied on undisclosed portions of the bankruptc