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  • Murphy Marine Serv., Inc. v. Dole Fresh Fruit Co.

    Publication Date: 2022-01-25
    Practice Area: Contracts
    Industry: Cargo and Shipping | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Geoffrey G. Grivner, Andrew Hope, Craig Mills, Buchanan Ingersoll & Rooney P.C., Wilmington, DE; George R. Zacharkow, Deasey, Mahoney & Valentini, LTD, Philadelphia, PA for plaintiff.
    for defendant: Frank P. DeGiulio, Kevin G. O’Donovan, Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE; Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE for defendants.
    Case Number: D69690

    The court held that plaintiff successfully pled a cause of action for promissory estoppel where it alleged defendant promised to pay the new tariff, that plaintiff relied on that promise, and that plaintiff suffered harm when Dole refused to pay. Motion to dismiss denied. However, plaintiff's claim for promissory fraud and punitive damages failed to state the mandatory requirements that defendant knew their statements about reimbursement were false and that defendant had a meritorious defense such that punitive damages were not applic

  • Pettry v. Smith

    Publication Date: 2021-07-21
    Practice Area: Corporate Governance
    Industry: Cargo and Shipping
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE; Brian J. Robbins, Stephen J. Oddo, Emily R. Bishop, Robbins LLP, San Diego, CA for plaintiff.
    for defendant: Lisa A. Schmidt, Alexander M. Krischik, Nicole M. Henry, Richards, Layton & Finger, P.A., Wilmington, DE for individual defendants and nominal defendant FedEx Corp.
    Case Number: D69475

    The court dismissed this derivative action with prejudice, because plaintiff failed to adequately plead de-mand futility.

  • Simple Global, Inc. v. Banasik

    Publication Date: 2021-07-14
    Practice Area: Corporate Entities
    Industry: Cargo and Shipping | E-Commerce
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE for plaintiff.
    for defendant: Peter K. Schaeffer, Jr., Avenue Law, Dover, DE for defendant.
    Case Number: D69466

    A former director waited too long to challenge his removal, and the court concluded that the remaining shareholders had authority to remove him from his role as a director.

  • Murphy Marine Serv. of Delaware, Inc. v. GT USA Wilmington, LLC

    Publication Date: 2021-06-16
    Practice Area: Contracts
    Industry: Accounting | Cargo and Shipping | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Travis J. Ferguson, McCarter & English, LLP, Wilmington, DE; Geoffrey G. Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for plaintiffs.
    for defendant: David A. Dorey, Brandon W. McCune, Blank Rome LLP, Wilmington, DE for defendant.
    Case Number: D69436

    The parties' agreement provided for valuation as a going concern, and the court found that they impliedly agreed to a price based on the midpoint of a valuation range.

  • Pilot Air Freight, LLC v. Manna Freight Sys., Inc.

    Publication Date: 2020-10-07
    Practice Area: Mergers and Acquisitions
    Industry: Cargo and Shipping | Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Brian F. Morris, Morgan, Lewis & Bockius LLP, Philadelphia, PA for plaintiff.
    for defendant: Kurt M. Heyman, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Michael F. Cockson, Nathaniel J. Zulstra, Faegre Drinker Biddle & Reath LLP, Minneapolis, MN for defendants.
    Case Number: D69146

    Plaintiff failed to bring its claim for indemnification within the time period stated in the parties' contract, and it identified no gap to fill with respect to its good faith and fair dealing claim.

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  • Tyler v. Diamond State Port Corp.

    Publication Date: 2020-09-02
    Practice Area: Civil Procedure
    Industry: Cargo and Shipping | Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69108

    The district court did not abuse its discretion in denying plaintiff's motion for a stay of proceeding.

  • Scalia v. Local 1694, Int'l Longshoremen's Ass'n

    Publication Date: 2020-08-19
    Practice Area: Labor Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
    for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
    Case Number: D69091

    The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.

  • GlobalTranz Enter., Inc. v. PNC Bank, N.A.

    Publication Date: 2020-07-08
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Cargo and Shipping | Transportation
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Sabrina M. Hendershot and Donna L. Culver, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Anthony J. Dutra and Neal L. Wolf, Hanson Bridgett LLP, San Francisco, CA for plaintiff.
    for defendant: Jose F. Bibiloni, Blank Rome LLP, Wilmington, DE; John E. Lucian, Blank Rome LLP, Philadelphia, PA for defendant.
    Case Number: D69041

    An unsecured creditor could not assert a claim for unjust enrichment against a secured creditor.

  • Buckeye Partners, L.P. v. GT USA Wilmington, LLC

    Publication Date: 2020-06-03
    Practice Area: Contracts
    Industry: Cargo and Shipping | Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Jody C. Barillare and Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Michael D. Blanchard, Morgan, Lewis & Bockius, LLP, Hartford, CT; Julie S. Goldemberg, Morgan, Lewis & Bockius LLP, Philadelphia, PA for plaintiffs.
    for defendant: Jonathan M. Stemerman, Elliott Greenleaf, P.C., Wilmington, DE; Thomas J. Elliott, Frederick P. Santarelli, Jack P. Elliott, and Colin J. O’Boyle, Elliott Greenleaf, P.C., Blue Bell, PA for defendant.
    Case Number: D69000

    Injunctive relief granted to preserve the status quo ante and prevent defendant from resorting to measures to force plaintiff to capitulate before a court could resolve the parties' dispute.

  • Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp.

    Publication Date: 2019-03-27
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping | Energy | Transportation
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Michael F. Bonkowski and Nicholas J. Brannick, Cole Schotz P.C., Wilmington, DE ; Ross A. Mortillaro, Stinson Leonard Street LLP, Dallas, TX for plaintiff.
    for defendant: Mary F. Dugan, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; John Zavitsanos, Debora Si-mon Pacholder and Edward Goolsby, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, P.C., Houston, TX for defendant.
    Case Number: D68508

    The parties' contractual agreements contained inconsistencies, and these ambiguities precluded summary judgment.