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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

Everyone is familiar with the oft-times repeated example of chutzpah: The offspring who kills his parents and then begs the court for mercy on the grounds that he is an orphan. The example sprang to mind when reading the recent decision in Tibco Software v. Mediamath, C.A. No. N18C-07-066 CLS (Del. Super. July 10, 2019), wherein Judge Calvin Scott denied a motion for judgment on the pleadings on the grounds that the defendant’s proffered interpretation of a liability limitation provision in a master service agreement was unreasonable.

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