807 Florida cases classified under this topic, plus 268 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that plaintiffs failed to state claims for breach of implied warranty, fraudulent concealment, negligent misrepresentation, and unjust enrichment due to lack of privity, failure to plead with particularity, and failure to allege direct benefit, respectively.
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N.D. Fla.·
2023-07-10
Summary judgment is granted on negligent manufacturing claims due to lack of defect evidence and failure to meet res ipsa loquitur requirements. Summary judgment is denied on negligent misrepresentation claims as factual issues exist regarding material misrepresentations and reli
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S.D. Fla.·
2023-06-06
The court held that Isaac Industries established its entitlement to summary judgment on its breach-of-contract claims against both Pequiven and Bariven, and that Pequiven waived its sovereign immunity.
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Del. Super. Ct.·
2023-05-31
The court granted Celgene's motion for partial summary judgment, finding that HPI breached the Distribution and Services Agreement by assigning its legal claims to its parent company, Humana, without Celgene's consent, in violation of the unambiguous anti-assignment clause. The c
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S.D. Fla.·
2023-02-28
RediBag, a commercial goods supplier, sued defendants for approximately $9.1 million in damages after discovering that hand sanitizer it purchased and resold during the COVID-19 pandemic was manufactured using methanol-contaminated Mexican alcohol rather than the FDA-approved Ame
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Fla. 4th DCA·
2022-09-14
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Fla. 4th DCA·
2022-09-14
Santana Equestrian purchased a competitive jumping horse from a merchant in the sport horse business and sought to retain possession against the original owner's replevin claim. The court held that under Florida's Uniform Commercial Code section 672.403, a good faith buyer in the
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The court held that the defendants' motion to dismiss lacked merit on all grounds, including standing, venue, subject-matter jurisdiction, failure to state a claim, and joinder.
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M.D. Fla.·
2022-05-07
The court held that a plaintiff alleging personal injury arising from a construction defect is not required to comply with Florida's construction defect presuit notice statute. The court also held that a FDUTPA claim based on a failure to disclose or a conditional refund is barre
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M.D. Fla.·
2022-04-14
The court held that venue was proper and that the plaintiff's allegations were sufficient to state claims for breach of express and implied contract, thus denying the motion to dismiss.
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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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Fla. 2d DCA·
2022-01-28
The appellate court reversed a partial summary judgment granted to the defendants, finding the trial court applied the wrong legal standard. The court held that the statute of limitations for enforcing a promissory note is not contingent on a written and recorded agreement to ext
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Del. Super. Ct.·
2022-01-14
The Court held that the plaintiffs' breach of contract claim was barred by the statute of limitations. The convertible debentures at issue were not promissory notes, thus falling under the three-year statute of limitations for breach of contract, not the six-year statute for prom
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Fla. 4th DCA·
2022-01-05
Expert Inspections, LLC, as assignee of insurance benefits under an assignment of benefits (AOB) agreement, sued United Property & Casualty Insurance Company for breach of contract after the insurer issued a check payable to both the assignee and the insured rather than solely to
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M.D. Fla.·
2021-08-26
The court granted the defendant's motion to transfer the case to the District of Maryland, finding that the convenience of the parties and witnesses, and the interest of justice, weighed in favor of transfer.
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M.D. Fla.·
2021-06-23
The court granted in part and denied in part SECO's motion to compel discovery, ordering production of certain schematics and payment documents, requiring responses to specific admissions, and denying the motion for other requests due to lack of clarity.
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M.D. Fla.·
2021-04-19
The court held that the plaintiff's claims for failure to warn were barred by the learned intermediary doctrine, and the claims for breach of implied warranty were barred by the Uniform Commercial Code's notice requirement and failure to plead a safer alternative design.
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RHH LLC sought a declaratory judgment against Innisfree Hotels regarding Plaintiff's obligations under a contract for furniture delivery that allegedly sustained water damage at a Pensacola, Florida hotel. The court ruled that Plaintiff adequately alleged an actual controversy sa
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M.D. Fla.·
2021-01-25
The court held that the pro se complaint, based on frivolous sovereign citizen theories, fails to state a claim and is dismissed without leave to amend.
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314 So. 3d 617·
Fla. 3d DCA·
2021-01-06
Venue in a breach of contract action involving delivery of goods lies in the county where delivery is to occur, and where the complaint adequately alleges delivery in the selected county, the burden shifts to the defendant to prove improper venue through sworn evidence. The defen
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The court held that the plaintiff adequately pleaded standing to enforce the promissory note and security interest, but failed to adequately plead fraud based on future promises.
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S.D. Fla.·
2020-10-14
The court granted the defendant's motion to stay discovery pending the final disposition of the motion to dismiss, finding that the arbitration clause in the sales contract likely compelled arbitration.
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S.D. Fla.·
2020-09-21
ConSeal International sought summary judgment on its breach of contract claim against Neogen Corporation, alleging Neogen assumed a license agreement with ConSeal after acquiring Neogen's predecessor-in-interest and subsequently failed to meet minimum purchase requirements. The d
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M.D. Fla.·
2020-07-03
The court denied the petitioner's motion to vacate sentence, finding her claims were either refuted by the record, procedurally barred, or factually insufficient.
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S.D. Fla.·
2020-03-04
The court held that the plaintiff lacked standing to bring breach of warranty claims due to failure to allege injury, and that claims for breach of express and implied warranty, and unjust enrichment were otherwise deficient. The court deferred ruling on injunctive and declarator
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S.D. Fla.·
2020-01-28
Plaintiffs who purchased allegedly unregistered tires from National Tire and Battery sought damages under various state and federal laws, claiming the defendant's failure to comply with federal tire registration requirements under 49 C.F.R. § 574.8 deprived them of the benefit of
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Del. C.P.·
2020-01-24
The appellate court affirmed the trial court's judgment in favor of the defendant, finding that the defendant did not breach any express or implied warranties related to the sale of the industrial router. The court also found that the plaintiff breached the contract by failing to
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# Legal Brief
In Stacknik v. U.S. Bank National Association, the Florida Second District Court of Appeal affirmed a foreclosure judgment, holding that a promissory note containing negative amortization provisions constitutes a negotiable instrument under the Uniform Commercial C
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The court adopted the magistrate judge's recommendations, granting default judgment against defendants and awarding plaintiff monetary damages, transfer of interests, and attorney fees and costs.
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125 La. 1046·
S.D. Fla.·
2019-03-29
The court held that the life insurance policy was a STOLI policy void under Delaware law, and the Estate is entitled to recover the death benefit under Delaware's insurable interest statute.
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Del. C.P.·
2018-05-02
The Court vacated the arbitration awards for Respondents Medora and Griffin, finding that the arbitrator exceeded his authority and manifestly disregarded the law by applying Pennsylvania law despite contractual choice-of-law provisions favoring Delaware. The Court affirmed the a
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The court held that the Credit Agreement is ambiguous regarding the calculation of Cash Interest Accrual, thus denying summary judgment on that claim. However, the court granted summary judgment for the lender on the claim that the borrower breached the agreement by making unauth
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Del. Ch.·
2017-08-24
The court denied the motion to vacate the arbitration award, finding that the arbitration panel did not exceed its authority, manifestly disregard the law, or issue an irrational award. The panel's interpretation of the contract was reasonable, and it addressed all issues submitt
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Element Financial Corp. appeals a trial court judgment finding it did not have a perfected security interest in Bobcat vehicles. The Fourth District Court of Appeal reverses, holding that a guarantor is not a "debtor" under Florida's UCC for purposes of the four-month relocation
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Del. C.P.·
2016-12-07
The Court held that the contract was void ab initio due to material ambiguities in its terms, specifically regarding the duration of the layaway and the application of payments. Consequently, the Court found that the defendant was unjustly enriched by the payments received from t
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The court held that the plaintiff, as a nonholder in possession of the promissory note with the rights of a holder, was entitled to enforce the note under Article 3 of the Uniform Commercial Code. The court also found no genuine dispute regarding the amount of the judgment reques
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The Court of Chancery partially granted Defendants' motion to dismiss and granted their motion to stay. The court held that a covenant not to sue in the Third Amendment to the Credit Agreement, as interpreted by the Bankruptcy Court and given collateral estoppel effect, bars most
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The Delaware Uniform Commercial Code (UCC) requires only that a secured party authorize the filing of a termination statement for it to be effective. It is not necessary for the secured party to subjectively intend to terminate the specific security interest listed on the stateme
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Big Bang Miami Entertainment and its CEO Carlos Ojeda appealed a default judgment for issuing worthless checks. The court affirmed the judgment against Big Bang but reversed it against Ojeda, holding that while Big Bang was properly bound by the checks signed by its authorized re
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Del. Super. Ct.·
2014-02-27
The court granted summary judgment for defendants Rolls-Royce and Honeywell, and partially granted summary judgment for Bell Helicopter. The court denied summary judgment for Bristow/Air Logistics on its third-party complaint against Rotorcraft Leasing Co. due to Delaware's worke
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836 F. Supp. 2d 677·
M.D. Fla.·
2013-10-10
The court held that a plaintiff alleging they were forced to resign for opposing racial discrimination sufficiently states a claim for retaliation under 42 U.S.C. § 1981, but fails to state a claim for race discrimination under § 1981 if the alleged discrimination was not directe
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Del. Super. Ct.·
2013-07-29
The court granted summary judgment in part and denied it in part. The court held that the law of the case doctrine barred relitigation of issues previously decided, including those related to the Major Component Protection Plan, comparative negligence, and whether the LoadAll was
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Del. Ch.·
2013-05-29
The Delaware Court of Chancery found the depository (FSD) liable for breach of a bailment agreement and the affiliated debtor (CAMI) liable for conversion of collateral. The court determined that the depository wrongfully released collateral without the lender's (IDB) consent, an
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810 F. Supp. 2d 758·
M.D. Fla.·
2013-03-06
The court held that the actual recipient of a call, who is the regular user and carrier of the phone, has standing under the TCPA, and that wireless customers are considered 'charged' for incoming calls under FCC regulations. The court also found that an individual can be 'allege
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Del. Super. Ct.·
2013-02-28
The appellate court affirmed the trial court's dismissal of the plaintiffs' complaint. The court held that no agency relationship existed between the retailer and the defendants (manufacturer and credit issuer), and therefore, the manufacturer could not be held liable for the ret
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Ge Lin appeals a judgment requiring him to close on a purchase agreement for a pre-construction home with furnishings. The primary issue is whether the contract violates the statute of frauds because Schedule 1, which was supposed to list all furniture items, was not attached. Th
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Del. Super. Ct.·
2011-04-07
The Superior Court granted in part and denied in part the defendants' motions to dismiss the plaintiff's first amended complaint. Strict liability claims were dismissed as Delaware law confines product sales remedies to warranty law under the UCC. Negligence, punitive damages, im
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The court denied the investor's motion for a temporary restraining order (TRO) or preliminary injunction, finding the claim barred by laches due to unreasonable delay and prejudice to the opposing parties. Additionally, the court found the investor failed to demonstrate a probabi
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702 F. Supp. 2d 1356·
M.D. Fla.·
2010-03-29
The court held that while an early termination charge based on the difference between realized and residual values is not per se unreasonable under the CLA, the specific application of such a formula can still be deemed unreasonable if it results in charges exceeding full contrac
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Del. Ch.·
2010-01-22
The court granted in part and denied in part Mitsubishi Power Systems Americas, Inc.'s (MPSA) motion for judgment on the pleadings. The court entered judgment in favor of MPSA on most counterclaims and affirmative defenses, finding that Babcock & Brown Infrastructure Group US, LL