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Publication Date: 2023-05-16
Practice Area: Contracts
Industry: Agriculture | Consulting | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.
Case Number: 20-1170-RGA
Court granted reargument and reconsidered summary judgment motion where it initially decided the motion based on outdated and incorrect information cited by the opposing party.
Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Hospitality and Lodging | Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: N20C-05-157 PRW CCLD
Court declined to dismiss case for lack of subject matter jurisdiction where it had already ruled that a Delaware forum selection clause in one of the parties' agreements covered plaintiffs' claims, and any risk of duplicative litigation was caused by the parties' tactical decisions to litigate in two jurisdictions to try to obtain their preferred forum.
Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Distribution and Wholesale | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kevin Scott Mann, Cross & Simon, LLC, Wilmington, DE; David B. Gordon, Tiana A. Bey, Mitchell Silberberg & Knupp LLP, New York, NY for plaintiff.
for defendant: Alessandra Glorioso, Angela E. Dralle, William J. Miller, Dorsey & Whitney LLP, Wilmington, DE for defendant.
Case Number: 21-cv-353-SB
Parties' "promissory note" functioned like an earnout contract, subjecting plaintiff's claims to the three-year statute of limitations for contract claims rather than the six-year limitations period.
Publication Date: 2023-04-18
Practice Area: Contracts
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Sarah N. Westcot, Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Blake G. Abbott, Eric M. Poulin, Roy Willey, Anastopoulo Law Firm, LLC, Charleston, SC; Robert J. Kriner, Jr., Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE for plaintiffs.
for defendant: James D. Taylor, Jr., Charles E. Davis, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: 20-cv-1478-SB
Court certified class of university students claiming breach of contract from shift to online instruction during the COVID-19 pandemic, where the alleged breach conferred standing, the proposed class was ascertainable from the university's records, and the common questions of breach and impossibility of performance predominated.
Publication Date: 2023-04-18
Practice Area: Contracts
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: John David Simmons, Keith A. Jones, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Richard A. Saldinger, Landsman Saldinger Carroll, PLLC, Chicago, IL for defendant.
Case Number: 1:21-cv-00893-SB
Reasonable interpretation of ambiguous contract term for setting price for software services could support allegation that customer breached the contract by shifting discounted prices to services that should have been charged at full price.
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Authors: Joseph S. Britton
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Publication Date: 2023-04-11
Practice Area: Contracts
Industry: Consulting | Entertainment and Leisure
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Thomas A. Uebler, Joseph L. Christensen, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Edward Totino, Nancy Nguyen Sims, Michael T. Boardman, Baker & Mckenzie LLP, Los Angeles, CA for plaintiffs.
for defendant: John M. Seaman, E. Wade Houston, Abrams & Bayliss, Wilmington, DE; Trey Cox, Paulette C. Miniter, Gibson, Dunn & Crutcher LLP, Dallas, TX for defendants.
Case Number: 22-363-CJB
Where contract detailed procedure by which parties were to negotiate undefined variable compensation fees, the contract created a duty to negotiate in good faith and allegations that customer failed to lodge reasoned objections or otherwise participate in the negotiation process was sufficient to state a claim for breach.
Publication Date: 2023-04-11
Practice Area: Contracts
Industry: E-Commerce | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Massimo D’Angelo, Akerman LLP, New York, NY for plaintiffs.
for defendant: Raymond J. DiCamillo, Christine Dealy Haynes, Richards, Layton & Finger, PA, Wilmington, DE; Christopher Andrews, Cooley LLP, San Francisco, CA for defendants.
Case Number: 20-cv-1556-SB
Unilateral mistake claim not dismissed where plaintiffs plausibly alleged they were unaware of defendants' failure to amend the parties' contract as agreed and that defendants knew of plaintiffs' mistake.
Publication Date: 2023-04-11
Practice Area: Contracts
Industry: Insurance | Travel and Tourism
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Tamara D. Bruno, Pillsbury Winthrop Shaw & Pittman, Houston, TX; Peter M. Gillon, Jesse N. Vazquez, Pillsbury Winthrop Shaw & Pittman, Washington, DC; Brandon R. Harper, Carla M. Jones, Jennifer C. Wasson, Potter Anderson & Corroon, Wilmington, DE for appellant.
for defendant: Robert L. Ebby, Ronald P. Schiller, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for appellee.
Case Number: 22-1554
The court affirmed the decision of the District Court dismissing an unjust enrichment claim on the basis that an existing enforceable contract between the parties precluded plaintiff's ability to bring an unjust enrichment claim.
Publication Date: 2023-04-04
Practice Area: Contracts
Industry: Agriculture | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs/counter-defendants.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant/counter-plaintiff.
Case Number: 20-1170-RGA
The court denied defendant's motion for summary judgment in a matter involving a breach of contract claim.
Publication Date: 2023-04-04
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: William J. Rhodunda, Nicholas G. Kondraschow, Rhodunda Williams & Kondraschow, Wilmington, DE for defendant.
Case Number: N22L-06-019 JRJ
Court dismissed statement of claim for mechanic's lien where plaintiff added language stating that allegations were true and correct only to the best of plaintiff's knowledge, since statutory law prohibited the inclusion of qualifying language.
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