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  • Gulf LNG Energy, LLC v. Eni USA Gas Mktg. LLC

    Publication Date: 2020-01-15
    Practice Area: Contracts | Damages
    Industry: Energy
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Bradley R. Aronstam, S. Michael Sirkin, and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Joseph S. Allerhand, Seth Goodchild, and Tania C. Matsuoka, Weil, Gotshal & Manges LLP, New York, NY; Mark W. Friedman, William H. Taft V, Carl Micarelli, and Lisa Wang Lachowicz, Debevoise & Plimpton LLP, New York, NY for plaintiffs.
    for defendant: Joseph B. Cicero and Gregory E. Stuhlman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Joseph J. LoBue and Helene Gogadze, Sheppard, Mullin, Richter & Hampton LLP, Washington, DC for defendant.
    Case Number: D68838

    Second arbitration enjoined to the extent it constituted collateral attack on damages award from prior arbitration between the parties, but plaintiff's claim pled but not decided in first arbitration could proceed to a determination on arbitrability.

  • Moon Express, Inc. v. Intuitive Machines, LLC

    Publication Date: 2019-10-16
    Practice Area: Contracts
    Industry: Software | Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68736

    Evidence sufficient to support jury verdict of contractual breach where verdict implicitly required finding that losing party was required to fulfill obligation and that its failure to do so prevented prevailing party from fulfilling its express contractual obligation.

  • Compagnie des Grands Htels d'Afrique S.A. v. Starwood Capital Group Global I LLC

    Publication Date: 2019-10-16
    Practice Area: Contracts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68734

    Motion to extend scheduling order deadline denied where moving party failed to demonstrate good cause because it was or should have been cognizant of likely delays in discovery when agreeing to scheduling order deadlines.

  • CompoSecure, LLC v. CardUX, LLC

    Publication Date: 2019-08-07
    Practice Area: Contracts | Fee Disputes
    Industry: Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
    for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees
    Case Number: D68656

    Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.

  • Buhrman v. Courtyard by Marriott, Inc.

    Publication Date: 2019-04-17
    Practice Area: Contracts | Damages
    Industry: Hospitality and Lodging | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Paul D. Sunshine, Reger, Rizzo, & Darnall, LLP; Eileen M. Ford, Marks, O'Neill, O'Brien, Doherty, & Kelly, P.C., attorneys for defendants
    for defendant: N/A
    Case Number: D68528

    Indemnification for party's own negligence was triggered under the co-defendants' agreement by plaintiff's complaint asserting similar allegations of negligence against both sets of defendants.

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

    Publication Date: 2019-03-27
    Practice Area: Contracts | Litigation
    Industry: Consulting | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
    for defendant: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE for defendants.
    Case Number: D68504

    Plaintiff owed duty to preserve emails of former employees from the point defendant threatened legal action, but defendant failed to show plaintiff acted in bad faith or to deny evidence to defendant in support of an order of sanctions.

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

    Publication Date: 2019-03-20
    Practice Area: Contracts
    Industry: Consulting | Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE, for plaintiff.
    for defendant: Theodore A. Kittila and James G, McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE, for defendant.
    Case Number: D68494

    Defendant's motion for summary judgment on plaintiff's breach of contract claim denied where the contract terms were ambiguous as to the trigger for payment and where the parties appeared to have differing expectations.

  • E. Hedinger AG v. Brainwave Science, LLC

    Publication Date: 2019-02-27
    Practice Area: Contracts | Dispute Resolution
    Industry: Consumer Products | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Robert McHale, McHale Law, Boston, MA for plaintiff.
    for defendant: David A. Dorey and Craig N. Haring, Blank Rome LLP, Wilmington, DE; Jason A. Synderman, John Wixted, and Huaou Yan, Blank Rome LLP, Philadelphia, PA for defendants.
    Case Number: D68471

    Plaintiffs' complaint dismissed in favor of an agreement to arbitrate between the parties, where all of plaintiffs' claims arose from the parties' contract containing an enforceable arbitration clause, which was valid despite naming a non-existent arbitration forum and where defendants had not waived their right to arbitrate before another court.

  • Toedtman v. Turnpoint Med. Devices, Inc.

    Publication Date: 2019-02-06
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting | Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
    for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.
    Case Number: D68452

    Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.

  • Optical Air Data Sys., LLC v. L-3 Commc'ns Corp.

    Publication Date: 2019-02-06
    Practice Area: Business Torts | Contracts
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68448

    Breach by premature termination claims not dismissed where there were genuine issues of material fact as to whether plaintiff had entered agreements that precluded it from entering its agreements with defendant and had fraudulently induced defendant to enter the agreements.