Filter This View

  • In Re: Zohar III Corp.

    Publication Date: 2022-08-16
    Practice Area: Contracts
    Industry: Consulting | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: G. David Dean, Norman L. Pernick, Patrick J. Reilley, Cole Schotz, Wilmington, DE; Michael G. Farag, Gibson Dunn & Crutcher, Los Angeles, CA; Monica K. Loseman, Gibson Dunn & Crutcher, Denver, CO; Michael L. Nadler, Akiva Shapiro, Randy M. Mastro, Gibson Dunn & Crutcher, New York, NY for appellant.
    for defendant: Joseph M. Barry, Michael R. Nestor, Shane M. Reil, James L. Patton, Jr., Young Conaway Stargatt & Taylor, Wilmington, DE for appellee.
    Case Number: D69922

    Management services company not entitled to transaction fee where proviso requiring liquidity event to satisfy client's outstanding liabilities was included in the section defining liquidity events and therefore constituted a condition to payment of the fee.

  • Parks v. Horizon Holdings, LLC

    Publication Date: 2022-08-02
    Practice Area: Contracts
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Thomas V. Ayala, Sally E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE for plaintiffs.
    for defendant: Scott B. Czerwonka, Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE for defendants.
    Case Number: D69902

    Restrictive covenants in agreements governing asset purchase transaction for the sale of a business were governed by Delaware law where the parties had contractually chosen Delaware and where parties challenging the enforceability of the covenants failed to show that their home state's law would apply in the absence of the contractual choice.

  • Xcoal Energy & Res. v. Bluestone Energy Sales Corp.

    Publication Date: 2022-08-02
    Practice Area: Contracts
    Industry: Cargo and Shipping | Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Nygaard
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69904

    District court did not err in finding contract susceptible to multiple reasonable interpretations and in relying on extrinsic evidence to interpret the contract as placing a performance obligation on one of the parties or ruling that said party breached the agreement by not performing that obligation.

  • United States v. CCM TCEP, LLC

    Publication Date: 2022-07-26
    Practice Area: Contracts
    Industry: Construction | Energy | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: Brian Boynton, Acting Assistant Attorney General, Washington, DC; David C. Weiss, United States Attorney for the District of Delaware, Wilmington, DE; Ruth A. Harvey, Michael J. Quinn, John R. Kresse, Tiffiney Carney, United States Department of Justice, Civil Division, Commercial Litigation Branch, Washington, DC for plaintiff.
    for defendant: Michael J. Gottlieb, Martin J. Weinstein, Willkie Farr & Gallagher LLP, Washington, DC; Natalia T. Sorgente, Adam Dec, Baker Botts, L.L.P., Washington, DC; Kenneth J. Nachbar, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell, Wilmington, DE for defendants.
    Case Number: D69900

    Guarantors lacked standing to sue under prime contract where guarantors were not parties to the agreement and their surety status did not mean they were third-party beneficiaries under the prime contract.

  • Council of the Vill. of Fountianview Condo. v. Corrozi-Fountain View LLC

    Publication Date: 2022-06-28
    Practice Area: Contracts
    Industry: Financial Services and Banking | Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
    for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.
    Case Number: D69862

    Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

    View more book results for the query "*"

  • White Winston Select Asset Funds, LLC v. Good Times Rest., Inc.

    Publication Date: 2022-06-07
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69842

    Letter of intent merely binding the parties to negotiate in good faith without any binding agreement on key terms of final agreement only entitled purchasing party to reliance damages.

  • Micro Focus (US), Inc. v. Ins. Serv. Office, Inc.

    Publication Date: 2022-05-24
    Practice Area: Contracts
    Industry: Insurance | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: J. Clayton Athey, Prickett, Jones & Elliott, P.A., Wilmington, DE; Hugh J. Marbury, Kaan Ekiner, Ryan P. Bottegal, Cozen O’Connor, Washington, DC; Stuart M.G. Seraina, BaldwinLaw LLC, Baltimore, MD for plaintiffs.
    for defendant: Brian R. Lemon, McCarter & English, LLP, Wilmington, DE; Scott S. Christie, McCarter & English, LLP, Newark, NJ for defendant.
    Case Number: D69827

    Although one defendant lacked standing to assert breach of contract claims where it was not a party or intended third-party beneficiary of the contract as it did not exist at the time of contract formation, the district court could exercise its discretion to retain supplemental jurisdiction over remaining state law claims after having dismissed all federal claims.

  • Greentech Consultancy Co., WLL v. Hilco IP Servs., LLC

    Publication Date: 2022-05-24
    Practice Area: Contracts
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas & Kittila LLP, Wilmington, DEs for plaintiff
    for defendant: Richard L. Renck, Duane Morris LLP, Wilmington, DE for defendant.
    Case Number: D69825

    Implied contractual obligation in preliminary agreement to negotiate a final agreement in good faith was an enforceable contractual obligation, but summary judgment was inappropriate where there was a genuine issue of material fact as to whether defendant acted in bad faith during the negotiations.

  • ADGS, LLC v. Emery Silfurtun, Inc.

    Publication Date: 2022-05-24
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christian J. Singewald, Kelly E. Rowe, White and Williams LLP, Wilmington, DE for plaintiff.
    for defendant: Blake Rohrbacher, Kelly E. Farnan, Valerie A. Caras, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
    Case Number: D69824

    Claims dismissed for lack of personal jurisdiction where no act or injury took place in Delaware, such that the court could not exercise jurisdiction over foreign entities under either a conduct-based or successor liability theory.

  • Acuity Brands Lighting, Inc. v. Smitreski

    Publication Date: 2022-05-10
    Practice Area: Contracts
    Industry: Consumer Products | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Andrew Lynch Cole, Cole Schotz P.C., Wilmington, DE; Ivan R. Novich, Tyler A. Sims, Littler Mendelson P.C., Newark, NJ for plaintiff.
    for defendant: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; David Phillip Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric J. Schreiner, Lorena E. Ahumada, Kleinbard LLC, Philadelphia, PA for defendants.
    Case Number: D69810

    The court found that because the plain text of the forum-selection clause did not force defendant to litigate in Chancery Court, he could consent to removal of the case from Chancery Court to District Court.