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Terrell v. DirecTV, LLC

CASE NO. 12-81244-CIV-MARRA (S.D. Fla. Feb. 5, 2013)
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Terrell v. DirecTV, LLC

3 Citing cases

  1. Nature's Prods., Inc. v. Natrol, Inc.

    990 F. Supp. 2d 1307 (S.D. Fla. 2013)   Cited 20 times
    Holding that the jury must decide whether a seller's representation (i.e. , that certain healthcare products were gluten free) constituted an unfair or deceptive trade practice under the Florida statute because it presented "a question of fact for the jury to determine"

    Actual damages “are defined as the difference in the market value of the product or service in the condition in which it was delivered and its market value in the condition in which it should have been delivered according to the contract of the parties.” Terrell v. DIRECTV, LLC, No. 12–81244–CIV, 2013 WL 451914, at *3 (S.D.Fla. Feb. 6, 2013) (internal quotations omitted). “The term ‘actual damages' does not include special or consequential damages.”

  2. Superior Edge, Inc. v. Monsanto Co.

    44 F. Supp. 3d 890 (D. Minn. 2014)   Cited 42 times   1 Legal Analyses
    Finding that a counterclaim which incorporated by reference the prior paragraphs within seven separate counts was nonetheless “more than sufficient to put [plaintiff] on notice” where each count “explicitly state[d] the basis for relief under each legal theory”

    The remedy of repleader based on violation of Rules 8 and 10 has generally been reserved for egregious cases where “a defendant does not know the basic facts that constitute the claim for relief against it.” Terrell v. DIRECTV, LLC, Civ. No. 12–81244, 2013 WL 451914, at *2 (S.D.Fla. Feb. 6, 2013) (requiring amendment of a complaint where, among other deficiencies, the paragraphs were not numbered consecutively, several complaints had been merged into one, the complaint was repetitive and rambling, “[s]everal counts appear [ed] to be cut-off mid-count,” and unnecessary statutes and regulations were attached as exhibits); Allen v. Cypress Village, Ltd., Civ. No. 10–994, 2011 WL 1667055, at *2 (M.D.Ala. May 3, 2011) (finding a complaint violated Rule 10(b) by incorporating every antecedent allegation by reference into each subsequent claim for relief where “[t]here are no counts, only a ‘Prayer for Relief

  3. Apotex Corp. v. Hospira Healthcare India Private Ltd.

    18-CV-4903 (JMF) (S.D.N.Y. Aug. 13, 2019)   Cited 2 times

    Dist. Ct. App. 1984). See, e.g., Krupa v. Platinum Plus, LLC, No. 8:16-CV-3189-T-33MAP, 2017 WL 1050222, at *7 (M.D. Fla. Mar. 20, 2017); ADT LLC v. Vivint, Inc. ("Vivint"), No. 17-CV-80432, 2017 WL 5640725, at *5 (S.D. Fla. Aug. 3, 2017); Casa Dimitri Corp. v. Invicta Watch Co. of Am., Inc., 270 F. Supp. 3d 1340, 1352 (S.D. Fla. 2017); Diversified Mgmt. Sols., Inc., 2016 WL 4256916, at *6; BPI Sports, LLC v. Labdoor, Inc., No. 15-62212-CIV, 2016 WL 739652, at *6 (S.D. Fla. Feb. 25, 2016); Terrell v. DIRECTV, LLC, No. 12-81244-CIV, 2013 WL 451914, at *3 (S.D. Fla. Feb. 6, 2013); Five for Entm't, 877 F. Supp. 2d at 1331. In light of that authority, the cases cited by Apotex, see Apotex Mem. 3-8, are insufficient to tip the balance in its favor.