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  • Broome v. Am. Family Life Assurance Co. of Columbus

    Publication Date: 2021-11-30
    Practice Area: Contracts
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69628

    Suit to vacate arbitration award under FAA dismissed where plaintiffs failed to timely serve process or effect service via U.S. Marshal as required by the FAA.

  • InTeam Assocs. v. Heartland Payment Sys., LLC

    Publication Date: 2021-11-16
    Practice Area: Contracts
    Industry: Financial Services and Banking | Consulting | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE; David A. Battaglia, Gibson, Dunn & Crutcher LLP, Los Angeles, CA for plaintiff.
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, Nicole K. Pedi, Richards Layton & Finger, P.A., Wilmington, DE for defendant.
    Case Number: D69608

    The court held that plaintiff failed to show that defendant engaged in contemptuous conduct constituting a violation of a previously issued court order under the preponderance of the evidence standard for contempt claims.

  • Lennox Indus., Inc. v. Alliance Compressors LLC

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Legrow
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Alexandra M. Ewing, Richards, Layton, & Finger, P.A., Wilmington, DE; Eric B. Halper, N. Cyris Bayar, McKool Smith P.C., New York, NY for plaintiffs.
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, Morris, Nichols, Arsht, & Tunnell LLP, Wilmington, DE; James F. Bennett, John D. Comerford, Down Bennett LLP, St. Louis, MO for defendant.
    Case Number: D69602

    The court held that the terms of the agreement between the parties was unambiguous such that plaintiff could not impose a new interpretation.

  • Hammer v. Howard

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Advertising | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Nancy Hammer, pro se appellant.
    for defendant: R. Eric Hacker, Morris James LLP, Wilmington, DE for appellees.
    Case Number: D69600

    The court held that plaintiff was barred from suing defendant, her former employer, a second time for unpaid sales commissions because res judicata applied where the parties in the first and second suit were in privity with each other and the cause of action in each suit arose out of the same transaction, i.e., payment of post-termination commissions according to the contractual agreements.

  • Intermec IP Corp. v. TransCore, LP

    Publication Date: 2021-11-02
    Practice Area: Contracts
    Industry: Electronics | Manufacturing | Software
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates, LLP, Wilmington, DE; Michael S. Nelson, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA for plaintiffs.
    for defendant: Jason A. Cincilla, Howard P. Goldberg, Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE; Stephen E. Baskin, Peter Schmidt, King & Spalding LLP, Washington, DC for defendants.
    Case Number: D69592

    Proposed amendment of declaratory judgment claim was futile where it sought declaration of rights and obligations that would be resolved by an existing breach of contract claim, or sought legal declarations to which defendant had already conceded.

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  • RLI Ins. Co. v. Ceradyne Inc.

    Publication Date: 2021-11-02
    Practice Area: Contracts
    Industry: Insurance | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; John E. Howell, Wiley Rein LLP, Washington, DC; Ronald P. Schiller, Bonnie M. Hoffman, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for plaintiffs.
    for defendant: Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; James R. Murray, Kyle P. Brinkman, Blank Rome LLP, Washington, DC; Jared Zola, Blank Rome LLP, New York, NY for defendant.
    Case Number: D69595

    The court held that the most recent contract between the excess insurers and policyholder superseded the excess insurance policy such that the waiting period in the most recent agreement would control when a party could file post-mediation declara-tory judgment action.

  • Emerson v. Mezzion Int'l LLC

    Publication Date: 2021-10-20
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Carmella P. Keener, Cooch & Taylor, P.A., Wilmington, DE; Steven I. Adler, Brian M. Block, Mandelbaum Salsburg, P.C., Roseland, NJ for plaintiff.
    for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith, LLP, Wilmington, DE; Andrew Gendron, Lewis Brisbois Bisgaard & Smith, LLP, Baltimore, MD for defendants.
    Case Number: D69577

    The court found that plaintiff failed to state claims for either breach of contract or fraud.

  • CIGNEX Datamatics, Inc. v. Lam Research Corp.

    Publication Date: 2021-10-13
    Practice Area: Contracts
    Industry: Consulting | E-Commerce | Software
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69568

    Parties had a time and materials contract that required purchaser to pay prior to completion of the project where the contract had an open ended term and referenced hourly rates rather than a fixed price.

  • AbbVie Endrocrine Inc. v. Takeda Pharm. Co. Ltd.

    Publication Date: 2021-10-06
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: A. Thompson Bayliss, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; Paul J. Loh, Jason H. Wilson, Eileen M. Ahern, Amelia L.B. Sargent, Kenneth M. Trujillo-Jamison, 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, and Tiffany Jang, Haug Partners LLP, Boston, MA; David A. Zwally, Mark Basanta, Haug Partners LLP, New York, NY; Christopher Gosselin, Haug Partners LLP, Washington, DC for defendant.
    Case Number: D69558

    Pharmaceutical manufacturer breached supply agreement where its failure to maintain good manufacturing practices caused a shutdown of its production facility, leaving it unable to fulfill firm orders submitted by customer, which manufacturer was required to timely fill.

  • Humanigen, Inc. v. Savant Neglected Diseases, LLC

    Publication Date: 2021-07-28
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jeffrey L. Moyer, Travis S. Hunter, Katharine L. Mowery, Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiffs.
    for defendant: Steven P. Wood, Travis J. Ferguson, McCarter & English, LLP, Wilmington, DE; Reid Skibell, Harris, St. Laurent & Welchlser LLP, New York, NY; Mazin A. Sbaiti, J. Michal Zapendowski, Sbaiti & Company LLC, Dallas, TX for defendant.
    Case Number: D69478

    Fraud claims not dismissed where there were genuine issues of material fact concerning the insolvency of the party allegedly engaged in fraudulent transfer and whether it knew of the exclusivity of the data being transferred.