• ITG Brands, LLC v. Reynolds American, Inc.

    Practice Area: Contractual Disputes|Mergers and Acquisitions
    Industry: Consumer Products
    Date Filed: 2017-11-30
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Stephen C. Norman, Matthew F. Davis, Matthew R. Dreyfuss, Robert J. Brookhiser and Elizabeth B. McCallum for plaintiff
    for defendant: Gregory P. Williams, Rudolf Koch, Robert L. Burns, Matthew D. Perri, Peter J. Biersteker and C. Kevin Marshall for defend-ants.

    Case Number: D67969

    The court relied on the plain language and grammatical construction of the terms of a sale agreement to resolve the parties dispute regarding the buyers obligation to use reasonable best efforts.

  • Novipax Holdings LLC v. Sealed Air Corp.

    Practice Area: Contracts|Mergers and Acquisitions
    Industry: Manufacturing
    Date Filed: 2017-11-28
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jeffrey Moyer, Richard P. Rollo, Travis S. Hunter, Robert M. Hoffman, Michael J. Chiusano and James C. Bookhout for plain-tiff
    for defendant: Kenneth J. Nachbar, John P. DiTomo, Barnaby Grzaslewicz, Robin L. Cohen and Natasha Romagnoli for defendants.

    Case Number: D67972

    Plaintiffs in business sale transaction alleged sufficient facts regarding omissions, concealment and fraudulent representations to state a claim for fraud in the inducement.

  • Mooney v. E.I. DuPont de Nemours and Co.

    Practice Area: Business Torts
    Industry: Chemicals and Materials
    Date Filed: 2017-11-28
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: Kathleen F. McDonough, John A. Sensing and Jesse L. Noa for defendant.

    Case Number: D67971

    In his fraud claim, plaintiff alleged only forward-looking statements and not specific facts which indicated that the statements were known to be false when made or were made in bad faith.

  • Van Der Fluit v. Yates

    Practice Area: Mergers and Acquisitions
    Industry: Software|Technology Media and Telecom
    Date Filed: 2017-11-30
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, and David M. Sborz, Andrews & Springer LLC, Wilmington, DE; Stuart A. Davidson and Christopher Martins, Robbins Geller Rudman & Dowd LLP, Boca Raton, FL; David T. Wissbroecker and Edward Gergosian, Robbins Geller Rudman & Dowd LLP, San Diego, CA, attorneys for plaintiff
    for defendant: Thomas A. Beck, Blake Rohrbacher, and Susan M. Hannigan, Richards, Layton & Finger, P.A., Wilmington, DE, attorneys for defendants.

    Case Number: D67968

    Although proxy failed to disclose identity of selling companys key negotiators, stockholders challenge to tender offer and merger transaction dismissed for failure to plead non-exculpated claims against co-founders and directors, where there was no evidence that majority of board and tendering stockholders were interested or non-independent.

  • Brechner v. Phoenix Network Sols. LLC

    Practice Area: Creditors' and Debtors' Rights
    Industry: Technology Media and Telecom
    Date Filed: 2017-12-01
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Gordon Fournaris & Mammarella, P.A., Wilmington, DE, attorney for plaintiff
    for defendant: Richard M. Beck and Sean M. Brennecke, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D67967

    Defendants motion for summary judgment denied where loan agreement provisions among the parties effectively obligating related non-party to protect its interest in senior debt created a factual dispute over the predicate conditions for plaintiffs right to bring suit against defendants for amounts due under a subordinated note.

  • Radnor Holdings Corp. v. Skadden, Arps, Slate, Meagher & Flom, LLP

    Practice Area: Bankruptcy
    Industry: Legal Services
    Date Filed: 2017-11-30
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67973

    Complaint regarding a conflict of interest in a bankruptcy proceeding was time-barred because the statute of limitations on all causes of action expired before the complaint was filed, and equitable tolling did not apply. Affirmed.

  • Barth v. Blue Diamond

    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Date Filed: 2017-11-29
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Bartholomew J. Dalton and Laura J. Simon, Dalton & Associates; Larry E. Coben and Gregory S. Spizer, Anapol Weiss, attorneys for plaintiff
    for defendant: Michael J. Logullo, Rawle & Henderson LLP; George T. Lees III, Logan & Petrone, LLC, attorneys for defendants.

    Case Number: D67966

    Implied primary assumption of risk did not insulate alleged tortfeasor from liability for recklessness, since duty to protect from harm inherent in dangerous activity, eliminated by the primary assumption of risk, was distinct from duty not to increase risk of harm through intentional or reckless conduct.

  • LSF9 Master Participation Trust v. McKinney

    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Date Filed: 2017-11-30
    Court: Delaware Superior Court
    Judge: Judge Brady
    Attorneys: For plaintiff: Daniel T. Conway for plaintiff.
    for defendant: NA

    Case Number: D67970

    Defendants in the mortgage foreclosure action were properly served, and plaintiff complied with all of the requirements asso-ciated with the sheriffs sale.

  • State Farm Fire & Casualty Co. v. Lambert

    Practice Area: Insurance Law|Landlord Tenant Law
    Industry: Insurance|Real Estate
    Date Filed: 2017-11-21 05:00:00:000
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Joseph J. Bellew and Michael D. O'Donnell for plaintiff
    for defendant: Eileen M. Ford for defendant.

    Case Number: D67962

    Where a residential lease did not contain a provision expressly stating that the tenant would be responsible for damage re-sulting from negligently-caused fires on the premises, the insurer was not entitled to recover against the tenant in a subrogation action.

  • Welenc v. The Univ. of Delaware

    Practice Area: Contractual Disputes|Education Law|Personal Injury
    Industry: Education
    Date Filed: 2017-11-20 05:00:00:000
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: William E. Manning and Gerard M. Clodomir for defendant.

    Case Number: D67964

    Where a plaintiff had actual notice of allegedly incorrect information in his school record, his claims for breach of contract and defamation were time-barred.

  • Sands v. Union Pacific R.R.

    Practice Area: Civil Procedure|Toxic Torts
    Industry: Transportation
    Date Filed: 2017-11-20 05:00:00:000
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eileen M. McGivney for plaintiffs
    for defendant: Maria R. Granaudo Gesty, Anne Marie O'Brien and Daniel J. Hassing for defendant.

    Case Number: D67961

    Employer failed to state particularized reasons to demonstrate overwhelming hardship in support of its motions to dismiss two toxic tort claims on the basis of forum non conveniens.