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Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.
Case Number: N22C-12-143 MAA CCLD
Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Anthony N. Delcollo, Thomas H. Kramer, Offit Kurman, P.A., Wilmington, DE for plaintiff.
for defendant: Daniel F. McAllister, McAllister Firm LLC, Wilmington, DE for defendant.
Case Number: N19C-08-199 MMJ CCLD
Court dismissed breach of settlement lawsuit where there was no evidence that defendant breached his representations and warranties in the settlement, which was the sole exclusion to the broad release of claims that included future claims or claims based on heretofore unknown facts.
Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Cynthia Chen, Zacharia Chibane, Spears & Imes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; Jeffrey L. Willian, Devora W. Allon, Gilad Y. Bendheim, Patrick J. Gallagher, Vera C. Esses, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 1:18-cv-00654-SB-SRF
Court dismissed complaint seeking to pierce corporate veil where plaintiff failed to present evidence that parent and subsidiary failed to observe corporate formalities.
Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Beth Moskow-Schnoll, Brian S.S. Auerbach, Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Alejandro H. Cruz, Nathaniel Lancaster, William F. Cavanaugh, Patterson Belkamp Webb & Tyler LLP, New York, NY; Mark A. Neubauer, Steven B. Weisburd, Carlton Fields, LLP, Los Angeles, CA for plaintiffs.
for defendant: Arthur G. Connolly, III, Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; David G. Hille, Katrina Fetsch, Kimberly A. Haviln, White & Case, LLP, New York, NY for defendants.
Case Number: 22-589-RGA-SRF
The court granted defendants' motion to dismiss a third-party claim ruling that, for a third-party to recover for a breach of contract, it must appear that the parties to the contract intended to recognize the third-party as the primary party in interest and as privy to the contract.
Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
for defendant: Sean J. Bellew, Bellew LLC, Wilmington, DE; Chris L. Gilbert, Gilbert PC, Dallas, TX for defendant.
Case Number: N20C-10-231- SKR CCLD
Ruling that under Delaware law a person is presumed to act in good faith unless evidence is presented to the contrary, the court ruled that defendant had not demonstrated that plaintiff was motivated by bad faith and had, thus, breached the implied covenant of good faith and fair dealing under the terms of their contract. Plaintiff's motion for summary judgment granted.
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Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: John Harris, Esquire, Harry Shenton IV, Berger Harris LLP, Wilmington, DE for plaintiff.
for defendant: John Klein, Tampa, FL, pro se defendant.
Case Number: N20C-03-300 SKR CCLD
The court ruled that it did not need to reach an offensive collateral estoppel analysis because plaintiff had carried its burden of proof for summary judgment on the merits demonstrating a breach of the indemnification agreement at issue.
Publication Date: 2023-08-07
Practice Area: Contracts
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Sean T. O’Kelly, Gerard M. O’Rourke, O’Kelly & O’Rourke, LLC, Wilmington, DE for plaintiff.
for defendant: Andrew C. Mayo, Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; Benjamin J. Hodges, Devra R. Cohen, Foster Garvey PC, Seattle, WA for defendants.
Case Number: 17-1059 (MN)
Court struck damages claim for restitution based on breach of contractual obligation to deliver IP where plaintiff's exercise of its option to license the IP meant there was a partial breach at most and plaintiff had retained the benefits of defendants' partial performance.
Publication Date: 2023-07-31
Practice Area: Contracts
Industry: Entertainment and Leisure
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: F. Troupe Mickler IV, Ashby & Geddes, P.A., Wilmington, DE; Edgar G. Sargent, Susman Godfrey L.L.P., Seattle, WA for plaintiff.
for defendant: Sarah E. Delia, McCarter & English, LLP, Wilmington, DE for defendant.
Case Number: 2021-0476-LWW
Plaintiff's motion for summary judgment to enforce an option right for which it bargained to pay $1,000 but did not make payment was denied and defendant's cross-motion for summary judgment was granted.
Publication Date: 2023-07-10
Practice Area: Contracts
Industry: Cargo and Shipping | Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
Case Number: N21C-05-130 MAA
Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.
Publication Date: 2023-07-03
Practice Area: Contracts
Industry: Energy | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.
Case Number: N15C-08-109 JJC CCLD
Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.
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