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Publication Date: 2021-11-09
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Richard A. Barkasy, Kristi J. Doughty, Stephen A. Fogdall, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Daniel M. Pereira, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for plaintiffs
for defendant: Catherine A. Gaul, Michael Dean Walker, Jr. Ashby & Geddes, Wilmington, DE; Peter L. Loh, Davis G. Mosmeyer III, Sara A. Brown, Foley & Lardner LLP, Dallas, TX for defendant.
Case Number: D69605
Motion for leave to amend granted where the new proposed claims were based in part on facts that were not known to plaintiff until revealed during discovery.
Publication Date: 2021-11-02
Practice Area: Corporate Entities
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Charlita Mays, Cynthia Chen, Spear & Simes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE for defendants.
Case Number: D69593
The court held that the contract between the plaintiff subsidiary and a third-party was entered into prior to the existence of the parent company such that the parent company was not liable.
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.
Publication Date: 2021-09-08
Practice Area: Contractual Disputes
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Eric M. Poulin, Roy T. Willey, IV, Anastopoulo Law Firm, LLC, Charleston, SC for plaintiffs.
for defendant: James D. Taylor, Jr., Charles E. Davis, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: D69532
Students and parents stated viable claims for breach of contract and unjust enrichment after a university switched to online classes due to the pandemic and refused to refund certain fees and tuition charges.
Publication Date: 2021-09-01
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
for defendant: David E. Ross, Eric D. Selden, R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Eric M. George, Richard A. Schwartz, Katherine F. Murray, Browne George Ross O’brien Annaguey & Ellis LLP, Los Angeles, CA for defendants.
Case Number: D69518
Defamation suit failed where press coverage was substantially true or included clear statements of protected opinion.
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Publication Date: 2021-08-11
Practice Area: Contractual Disputes
Industry: Construction | Defense | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Gary W. Lipkin, Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE for plaintiff.
for defendant: Martin S. Lessner, M. Paige Valeski, Alberto E. Chavez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Attison L. Barnes, III, Krystal B. Swendsboe, Wiley Rein LLP, Washington, DC for defendant.
Case Number: D69501
The court denied a motion to dismiss because plaintiff adequately alleged claims for breach of contract and breach of the implied covenant of good faith and fair dealing where defendant purportedly structured a settlement with a third party to avoid paying plaintiff.
Publication Date: 2021-08-04
Practice Area: Labor Law
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eyal Dror, Trief & Olk, New York, NY for plaintiffs.
for defendant: J. Cory Falgowski, Burr & Forman LLP, Wilmington, DE; Ronald W. Flowers, H. Carlton Hilson, Burr & Forman LLP, Birmingham, AL for defendant.
Case Number: D69486
Court excluded evidence untimely produced in discovery by defendant, where defendant was grossly negligent in searching for the evidence and plaintiffs would be prejudiced by the delay in needing to review the evidence.
Publication Date: 2021-07-07
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: P. Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Michael C. McKay, McKay Law, LLC, Scottsdale, AZ for plaintiff.
for defendant: Beth Moskow-Schnoll, Brittany M. Giusini, Juliana R. van Hoeven, Ballard Spahr LLP, Wilmington, DE; Da-vid S. Fryman, Katherine J. Atkinson, Ballard Spahr LLP, Philadelphia, PA for defendant.
Case Number: D69459
Retirement plan administrators owed fiduciary duties to plan participants and their beneficiaries, so the court denied defendant's motion to dismiss because plaintiff had plausibly alleged that defendant breached its duties by failing to provide him with information about the date on which he could being receiving full bene-fits.
Publication Date: 2021-06-23
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Gabriela Richeimer, Justin Levy, Clyde & Co. LLP, Washington, DC; Barry M. Klayman, Cozen O’Connor, Wilmington, DE for plaintiffs.
for defendant: Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; John C. Goodchild III, Su Jin Kim, Aman-da Lashner, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendant.
Case Number: D69442
The court granted buyer's motion for summary judgment because the parties' purchase agreement required seller to indemnify buyer, but buyer's insurer was not entitled to summary judgment.
Publication Date: 2021-06-23
Practice Area: Intellectual Property
Industry: E-Commerce | Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Anna Shabalov, K&L Gates LLP, Pittsburgh, PA for plaintiff.
for defendant: Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; Jason A. Snyderman, Huaou Yan, Blank Rome LLP, Philadelphia, PA for defendant.
Case Number: D69441
The court dismissed plaintiff's claims under the Computer Fraud and Abuse Act because the complaint did not allege sufficient knowledge on defendant's part, but it denied the motion to dismiss claims for tortious interference with prospective business relations.
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