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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.
Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Kevin S. Mann, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiff.
for defendant: Krista M. Reale, Tara D. McManamy, Margolis Edelstein, Wilmington, DE for defendant.
Case Number: N22C-06-084 CEB
Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.
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Authors: Joseph S. Britton
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Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Aerospace
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Eric Lopez Schnabel, Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Benjamin D. Greenberg, Todd S. Fairchild, Dorsey & Whitney LLP, Seattle, WA for plaintiff.
for defendant: Joseph L. Christensen, Meghan M. Dougherty, Christensen & Dougherty LLP, Wilmington, DE; Perrie M. Weiner, Aaron T. Goodman, Baker & McKenzie LLP, Los Angeles, CA; Peter P. Tomczak, Michael D. Lehrman, Baker & McKenzie LLP, Chicago, IL for defendant.
Case Number: 2022-0722-MTZ
Company founder and former CEO was not entitled to indemnification/advancement from company pursuant to corporate agreements and bylaws where founder had broadly released any claims he had against the company in a stock repurchase agreement, nor was he entitled to statutory indemnification since he had not been successful on the merits of any related legal actions.
Publication Date: 2023-05-16
Practice Area: Contracts
Industry: Agriculture | Consulting | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.
Case Number: 20-1170-RGA
Court granted reargument and reconsidered summary judgment motion where it initially decided the motion based on outdated and incorrect information cited by the opposing party.
Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Hospitality and Lodging | Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: N20C-05-157 PRW CCLD
Court declined to dismiss case for lack of subject matter jurisdiction where it had already ruled that a Delaware forum selection clause in one of the parties' agreements covered plaintiffs' claims, and any risk of duplicative litigation was caused by the parties' tactical decisions to litigate in two jurisdictions to try to obtain their preferred forum.
Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Distribution and Wholesale | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kevin Scott Mann, Cross & Simon, LLC, Wilmington, DE; David B. Gordon, Tiana A. Bey, Mitchell Silberberg & Knupp LLP, New York, NY for plaintiff.
for defendant: Alessandra Glorioso, Angela E. Dralle, William J. Miller, Dorsey & Whitney LLP, Wilmington, DE for defendant.
Case Number: 21-cv-353-SB
Parties' "promissory note" functioned like an earnout contract, subjecting plaintiff's claims to the three-year statute of limitations for contract claims rather than the six-year limitations period.
Publication Date: 2023-04-18
Practice Area: Contracts
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: John David Simmons, Keith A. Jones, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Richard A. Saldinger, Landsman Saldinger Carroll, PLLC, Chicago, IL for defendant.
Case Number: 1:21-cv-00893-SB
Reasonable interpretation of ambiguous contract term for setting price for software services could support allegation that customer breached the contract by shifting discounted prices to services that should have been charged at full price.
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