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  • Soligenix, Inc. v. Emergent Prod. Dev. Gaithersburg, Inc.

    Publication Date: 2023-03-07
    Practice Area: Contracts
    Industry: Biotechnology | Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Richard L. Renck, Mackenzie M. Wrobel, Coleen W. Hill, Duane Morris LLP, Wilmington, DE; Frederick R. Ball, Duane Morris LLP, Boston, MA; Patrick C. Gallagher, Duane Morris LLP, Boca Raton, FL for petitioner.
    for defendant: Jon E. Abramczyk, Ryan D. Stottman, Grant Michl, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jake Goodelman, John Dougherty, Thomas Wintner, Katherine Galle, Mintz, Levin, Cohn, Ferris, Glovsky, and Pompeo, P.C., Boston, MA for respondents.
    Case Number: 2022-0880-PAF

    Motion for continued confidential treatment of petition to vacate arbitration award denied where there was nothing inherently confidential about arbitration and court was not bound by the parties' stipulated protective order during their arbitration.

  • Zephyr Fluid Solutions, LLC v. Scholle IPN Packaging, Inc.

    Publication Date: 2023-03-07
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-cv-00475-SRF

    Court granted plaintiff's motion to compel arbitration where the mere filing of a complaint, without any further litigation, did not constitute a waiver of the contractual right to compel arbitration, and the parties' agreement included a no-waiver clause.

  • Zenith Energy Terminals Joliet Holdings LLC v. CenterPoint Props. Trust

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Cargo and Shipping | Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Patrick J. Lamb, J’Aimee Crockett, ElevateNext Law, Chicago, IL for plaintiffs.
    for defendant: F. Troupe Mickler IV, Randal J. Teti, Ashby & Geddes, P.A., Wilmington, DE; James D. Dasso, Jennifer S. Park, and Mason D. Roberts, Foley & Lardner LLP, Chicago, IL for defendant.
    Case Number: N19C-10-054 EMD CCLD

    Court declined to enter summary judgment on breach of contract claim where the parties' evidence created genuine issues of material fact regarding whether defendant had used reasonable best efforts to complete the project.

  • Medlink Health Solutions, LLC v. JL Kaya, Inc.

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Legal Services | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
    for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.
    Case Number: N22C-09-799 FJJ

    Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.

  • Malkani v. Cunningham

    Publication Date: 2023-02-14
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
    for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
    Case Number: 2020-1004-SG

    Parties' written investment contract was valid and enforceable where investor did not expressly reject the contract and the parties' subsequent actions demonstrated their intent to be bound to the contract and their belief that the contract contained all material terms of their deal.

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    New Jersey Medical Malpractice Law 2024

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

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  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-01-31
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Conolly Gallagher LLP for plaintiff.
    for defendant: Paul A. Logan, Post & Schell, P.C. for defendants.
    Case Number: N21C-12-039 PAW

    Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.

  • Fairstead Capital Mgmt. LLC v. Blodgett

    Publication Date: 2023-01-24
    Practice Area: Contracts
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Ryan Stottmann, Thomas P. Will, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Rollo C. Baker, Jonathan Feder, Alison Lo, Quinn Emanuel Urquhart &Sullivan, LLP, New York, NY for plaintiffs.
    for defendant: David E. Ross, Holly E. Newell, A. Gage Whirley, Ross Aronstam & Moritz LLP, Wilmington, DE; Jacob W. Budchdahl, Elisha B. Barron, Susman Godfrey LLP, New York, NY for defendant.
    Case Number: 2022-0673-JTL

    The court granted plaintiffs' request for summary judgment and a permanent injunction barring defendant from litigating claims he pursued through arbitration.

  • Town Sports Int'l LLC v. Kennedy Lewis Partners Master Fund LP

    Publication Date: 2023-01-24
    Practice Area: Bankruptcy | Contracts
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-12168 (CTG)

    The court granted defendants' motion for summary judgment to dismiss plaintiff's breach of contract claims.

  • Ainslie v. Fitzgerald

    Publication Date: 2023-01-17
    Practice Area: Contracts
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Zurn
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
    for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.
    Case Number: 9436-VCZ

    The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.

  • Omega Capital Mgmt. Partners, LLC v. Schrage

    Publication Date: 2023-01-03
    Practice Area: Contracts
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2924

    The court vacated an order of the District Court granting a motion to dismiss a breach of contract claim on the basis that appellant had failed to establish an enforceable contract between the parties.