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Publication Date: 2023-09-18
Practice Area: Contracts
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: A. Thompson Bayliss, Eric A. Veres, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; Paul J. Loh, Jason H. Wilson, Eileen M. Ahern, Amelia L.B. Sargent, Peter Shimamoto, Ashley L. Kirk, Kenneth M. Trujillo-Jamison, Breeanna N. Brewer, Caitlin F. Lynch, Willenken LLP, Los Angeles, CA for plaintiff.
for defendant: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; Fred A. Kelly, Jr., Joshua S. Barlow, Tiffany Jang, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; Mark Basanta, Aakruti G. Vakharia, Haug Partners LLP, New York, NY; Christopher Gosselin, Haug Partners LLP, Washington, D.C. for defendant.
Case Number: 2020-0953-SG
Plaintiff's damages methodology was found mostly reliable, as the court rejected defendant's assertion that plaintiff could have mitigated its damages since the evidence showed that defendant would not have cooperated with those mitigation efforts or the success of those efforts was speculative at best.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Insurance | Pharmaceuticals | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Wallace
Attorneys: For plaintiff: Karen Jacobs, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Keith J. Harrison, Christopher Flynn, Daniel W. Wolff, Jerome P. DeSanto, Jed Wulfekotte, Cromwell & Moring, LLP, Washington, DC for plaintiffs.
for defendant: Corrine Elise Amato, Eric J. Juray, Jason W. Rigby, Prickett, Jones & Elliot, P.A., Wilmington, DE; Neil K. Gilman, Christopher J. Dufek, Brianne Reese, Hunton Andrews Kurth LLP, Washington DC; John B. Shely, Courtney B. Glaser, Kesley J. Hope, Hunton Andrews Kurth LLP, Houston, TX for defendants.
Case Number: N19C-12-214 PRW CCLD
Court denied plaintiffs' motion for JNOV/new trial where there were sufficient facts to support the jury's verdict finding in favor of defendants' affirmative defenses of the statute of limitations and voluntary payment.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
Case Number: N21C-12-039
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Manufacturing | Retail | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Krista M. Reale, Margolis Edelstein, Wilmington, DE; Herbert W. Mondros, Rigrodsky Law, P.A. Wilmington, DE for plaintiff.
for defendant: K. Tyler O’Connell, Barnaby Grzaslewicz, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Eric C. Liebeler, Kevin Kitchen, Connor Shaull, Stinson LLP, Minneapolis, MN for defendants.
Case Number: N20C-10-121-EMD
Concluding that the facts alleged for the breach of contract claim in the original complaint were similar to those pled in the claim for tortious interference in the amended complaint, the court denied defendant's motion to dismiss finding that defendant was provided sufficient notice of the tortious interference claim to relate back to the original complaint.
Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Education | Software | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Laurence C. Cronin, Kelly A. Green, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; William J. Leahy, Tanner McCarron, Littler Mendelson, P.C., Philadelphia, PA for plaintiffs.
for defendant: Richard P. Rollo, Travis S. Hunter, Tyler E. Cragg, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
Case Number: 2023-0546-LWW
Former employees did not breach non-compete agreements where the agreements specifically defined competition as in the business lines of the employer's parent company rather than the employer that the employees worked for.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael A. Barlow, Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Anthony Bongiorno, Jessica Reese, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA; Rollo C. Baker IV, Eric White, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
for defendant: Lewis H. Lazarus, K. Tyler O’Connell, Albert J. Carroll, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE; Timothy W. Knapp, Brendan E. Ryan, Kent J. Hayden, Kirkland & Ellis LLP, Chicago, IL for defendants.
Case Number: 2022-0289-SG
Finding that that the asset purchase agreement executed by the parties had created a scheme for prorating Medicaid reimbursement distribution payments relating to the year in which closing on the hospitals occurred consistent with defendants' construction of the agreement, the court granted partial summary judgment to defendants.
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.
Case Number: N22C-12-143 MAA CCLD
Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Anthony N. Delcollo, Thomas H. Kramer, Offit Kurman, P.A., Wilmington, DE for plaintiff.
for defendant: Daniel F. McAllister, McAllister Firm LLC, Wilmington, DE for defendant.
Case Number: N19C-08-199 MMJ CCLD
Court dismissed breach of settlement lawsuit where there was no evidence that defendant breached his representations and warranties in the settlement, which was the sole exclusion to the broad release of claims that included future claims or claims based on heretofore unknown facts.
Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Cynthia Chen, Zacharia Chibane, Spears & Imes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; Jeffrey L. Willian, Devora W. Allon, Gilad Y. Bendheim, Patrick J. Gallagher, Vera C. Esses, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 1:18-cv-00654-SB-SRF
Court dismissed complaint seeking to pierce corporate veil where plaintiff failed to present evidence that parent and subsidiary failed to observe corporate formalities.
Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Beth Moskow-Schnoll, Brian S.S. Auerbach, Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Alejandro H. Cruz, Nathaniel Lancaster, William F. Cavanaugh, Patterson Belkamp Webb & Tyler LLP, New York, NY; Mark A. Neubauer, Steven B. Weisburd, Carlton Fields, LLP, Los Angeles, CA for plaintiffs.
for defendant: Arthur G. Connolly, III, Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; David G. Hille, Katrina Fetsch, Kimberly A. Haviln, White & Case, LLP, New York, NY for defendants.
Case Number: 22-589-RGA-SRF
The court granted defendants' motion to dismiss a third-party claim ruling that, for a third-party to recover for a breach of contract, it must appear that the parties to the contract intended to recognize the third-party as the primary party in interest and as privy to the contract.
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