• Coronado Coal II, LLC v. Blackhawk Land & Res., LLC

    Publication Date: 2023-01-24
    Practice Area: Dispute Resolution
    Industry: Energy
    Court: Court of Chancery
    Judge: Chancellor LeGrow
    Attorneys: For plaintiff: Geoffrey Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Gretchen Jankowski, Jordan Webster, Buchanan Ingersoll & Rooney PC, Pittsburg, PA for plaintiff.
    for defendant: John Sensing, Carson Bartlett, Potter Anderson & Corroon, LLP, Wilmington, DE; M. Shane Harvey, Jackson Kelly PLLC, Charleston, WV for defendant.

    Case Number: 2022-0039-AML

    Court lacked subject matter jurisdiction to resolve procedural arbitrability claims where those claims did not implicate the fundamental fairness of the arbitration as the parties' contract expressly gave one side the ability to appoint both arbitrators after the other party had expressly refused to appoint its own arbitrator.

  • Rummel Klepper & Kahl, LLP v. Delaware River & Bay Auth.

    Publication Date: 2022-01-18
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Patrick M. McGrory, Tighe & Contrell, P.A., Wilmington, DE for plaintiff.
    for defendant: Donna L. Culver, Morris, Nichols, Arsht & Tunnel LLP, Wilmington, DE; Richard W. Hunt, Ashley H. Buono, Parker Mccay P.A., Mt. Laurel, NJ for defendant.

    Case Number: D69680

    The court held that the agreement made between the parties clearly called for arbitration.

  • AffiniPay, LLC v. West

    Publication Date: 2021-10-06
    Practice Area: Dispute Resolution
    Industry: E-Commerce | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Rudolf Koch, Ryan D. Konstanzer, Richards, Layton, & Finger, P.A., Wilmington, DE; Joseph P. Rockers, Batoul Husain, Goodwin Procter LLP, Boston, MA for plaintiffs.
    for defendant: Peter B. Ladig, Thad J. Bracegirdle, Justin C. Barrett, Bayard, P.A., Wilmington, DE for defendant.

    Case Number: D69559

    Where the parties' various agreements adopted different dispute resolution procedures, although each version delegated the issue of arbitrability to the arbitrator, the court could exercise subject matter jurisdiction to determine arbitrability where there was no unmistakable evidence that the parties had agreed to submit one party's claims to that party's chosen arbitral forum.

  • Wild Meadows MHC, LLC v. Weidman

    Publication Date: 2021-04-28
    Practice Area: Dispute Resolution
    Industry: Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Montgomery-Reeves
    Attorneys: For plaintiff: Michael P. Morton, Robert J. Valihura, Jr., David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for petitioner.
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent Weidman. Olga Beskrone, Communi-ty Legal Aid Soc’y, Inc., Wilmington, DE for intervenor/respondent Wild Meadows Homeowners’ Ass’n.

    Case Number: D69381

    An arbitrator in a dispute involving a rent increase for a mobile home community had authority to compel the owner of the community to provide discovery.

  • Rome Enter., Inc. v. ReBath, LLC

    Publication Date: 2020-10-21
    Practice Area: Dispute Resolution
    Industry: Construction | Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Richard L. Renck, Duane Morris LLP, Wilmington, DE; Wayne A. Mack, J. Manly Parks, William Shotzbarger, Raymond A. Vanderhyden, Duane Morris LLP, Philadelphia, PA for plaintiffs.
    for defendant: Jason C. Jowers, Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Jeffrey H. Wolf, Lauren Elliott Stine, Kristen M. Arredondo, Quarles & Brady LLP, Phoenix, AZ for defendant.

    Case Number: D69165

    The court denied a party's motion to vacate an arbitrator's award where that party had consented to the arbitrator's authority to issue decisions on certain matters.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • CelestialRX Invs., LLC v. Krivulka

    Publication Date: 2019-04-10
    Practice Area: Corporate Entities | Dispute Resolution
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael W. McDermott and David B. Anthony, Berger Harris LLP, Wilmington, DE; Benjamin C. Curcio, Paul F. Campano, Jessica A. Tracy, Michael D. Zahler, and Jason S. Haller Curcio Mirzaian Sirot LLC, Roseland, NJ for plaintiffs.
    for defendant: Garrett B. Moritz and Bejamin Z. Grossberg, Ross Aronstam & Moritz LLP, Wilmington, DE; Andrew E. Anselmi and Zachary D. Wellbrock, McCusker, Anselmi, Rosen & Carvelli, P.C., Florham Park, NJ; Samuel T. Hirzel, II and Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Andrew D. Cordo and F. Troupe Mickler IV, Ashby & Geddes, Wilmington, DE; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Brian A. Herman, Morgan, Lewis & Bockius LLP, New York, NY; Ryan P. Newell and Lauren P. DeLuca, Connolly Gallagher, LLP, Wilmington, DE; Phillip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.

    Case Number: D68518

    Claims for breach of restrictive covenants were stayed pending arbitration on the issue of arbitrability given the broad scope of the covenants' arbitration clauses, but dismissed where the court lacked jurisdiction over defendants who did not qualify as a "manager" of the domestic LLC.

  • 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.

  • Carter v. Principe

    Publication Date: 2019-01-30
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Leroy A. Tice, Leroy A. Tice, P.A. for plaintiff.
    for defendant: Joshua H. Meyeroff, Morris James LLP for defendant.

    Case Number: D68439

    Joint tortfeasor, allegedly liable under theory of vicarious liability, was not released under settlement between claimant and other joint tortfeasor where neither were explicitly named nor released under settlement.

  • Patrone v. Commerce Assoc. LP

    Publication Date: 2018-11-14
    Practice Area: Discovery | Dispute Resolution | Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68355

    The court severed claims that were covered by an arbitration clause, but it denied a motion to dismiss on the remaining claims because discovery was necessary for the resolution of certain factual issues.

  • Chuang v. OD Expense LLC

    Publication Date: 2018-08-15
    Practice Area: Contracts | Dispute Resolution | Securities Litigation
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fuentes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68246

    Defendants unable to compel arbitration where agreement also included forum selection clause placing exclusive jurisdiction in Delaware courts, and where defendants were not party to or agents of a party to another agreement containing exclusive arbitration clause.