Legal Opinion

TL of Florida, Inc. v. Terex Corp.

District Court, D. Delaware

Decided July 3, 2014No. C.A. No. 13-2009-LPSPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

STARK, U.S. District Judge:

Pending before the Court are the Defendant Terex Corporation’s (“Terex”) Motion to Dismiss for Failure to State a Claim (D.I. 6) and Plaintiff TL of Florida’s (“TL”) Motion to Amend Complaint (D.I. 10).

BACKGROUND 1

A. The Parties and the Relevant Agreements

TL is a Florida-based equipment dealership that distributes heavy equipment. (D.I. 1 at ¶ 1) Terex is a Delaware corporation and manufacturer of equipment used in construction and other infrastructure-related activities. (Id. at ¶ 6)

In 2008, TL and Terex began discussing a potential business…

2Cases cited28 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  3. Robert Spruill v. Frank Gillis Goolier, C.O. McGlaughlin M.D. Brown, P.ACourt of Appeals for the Third Circuit · 2004
  4. Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
  5. Nami v. FauverCourt of Appeals for the Third Circuit · 1996

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3Cited by15 opinions

  1. C.R. Bard Incorporated v. Atrium Medical CorporationDistrict Court, D. Arizona · 2022
  2. CHC Investments, LLC v. FirstSun Capital BancorpCourt of Chancery of Delaware · 2020
  3. CIGNEX Datamatics, Inc. v. Lam Research CorporationDistrict Court, D. Delaware · 2020
  4. Daniel H. Golden, as Litigation Trustee of the QHC v. Community Health Systems, Inc.United States Bankruptcy Court, D. Delaware · 2023
  5. DuBose v. Wyndham Vacation Resorts, Inc.District Court, D. Delaware · 2021

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