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  • Flowshare, LLC v. GeoResults, Inc.

    Publication Date: 2018-08-08
    Practice Area: Contracts
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; John E. Petite and John C. Dranke, Greensfelder, Hemker and Gale P.C., St. Louis, MO, attorneys for plaintiffs
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE; Stephen P. Fuller, CKR LAW, LLP, Johns Creek, GA, attorneys for defendants.
    Case Number: D68239

    Fraud claim survived motion to dismiss where contractual integration clause missing explicit anti-reliance on representations provision failed to bar such claim arising from promises made during contract negotiations that induced party to execute agreement.

  • Nationwide Mut. Ins. Co. v. American Indep. Ins. Co.

    Publication Date: 2018-05-30
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68161

    An insurance company was not entitled to rely on the savings clause to permit a late-filed appeal of an arbitra-tion decision.

  • WoodSpring Hotels LLC v. Natl Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-05-16
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Kenneth H. Frenchman and Denise N. Yasinow for plaintiff
    for defendant: Seth Niederman and Joseph Collins for defendant.
    Case Number: D68149

    An insurer was not entitled to avoid its duty to defend based on a policy exclusion regarding trade secrets, because at least one claim in the underlying litigation did not involve trade secrets.

  • Green v. GEICO Gen. Ins. Co.

    Publication Date: 2018-05-09
    Practice Area: Class Actions | Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Richard H. Cross, Jr., Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE, attorneys for plaintiffs
    for defendant: Paul A. Bradley, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; George M. Church, Miles & Stockbridge, PC, Baltimore, MD; Meloney Perry, Perry Law, PC, Dallas, TX, attorneys for defendant.
    Case Number: D68135

    Motion to dismiss putative class action denied where court could not definitively determine that plaintiffs could not establish damage calculation method that would predominate over proposed class.

  • Arch Ins. Co. v. Murdock

    Publication Date: 2018-03-14
    Practice Area: Corporate Governance | Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert J. Katzenstein and Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Michael R. Goodstein, Bailey Cavalieri LLC, Columbus, OH; Merril Hirsh, Troutman Sanders LLP, Washington, DC; Michael L. Manire and Deanna M. Galla, Manire & Galla LLP, New York, NY; Robert P. Conlon and Kevin A. Lahm, Walker Wilcoz Matousek LLP, Chicago, IL; Ommid C. Farashahi, Michael T. Skoglund, and Nicholas R. Novak, BatesCarey LLP, Chicago, IL, attorneys for plaintiffs
    for defendant: Elena C. Norman and Mary F. Dugan, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Kirk A. Pasich and Pamela Wood, Pasich LLP, Los Angeles, CA; Mikaela Whitman, Pasich LLP, New York, NY , attorneys for defendants.
    Case Number: D68070

    Insurers denied summary judgment on their declaratory judgment action where Delaware law did not preclude insurance from indemnifying directors for breaches of loyalty by fraud.

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  • Mabey v. Crystalite Bohemia, S.R.O.

    Publication Date: 2018-02-21
    Practice Area: Products Liability
    Industry: Consumer Products
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68050

    Plaintiffs did not allege a direct connection between a non-resident defendant and Delaware under the long-arm statute, but plaintiffs made a plausible argument in support of personal jurisdiction.

  • Cheasapeake Ins. Advisors, Inc. v. DeSola

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68032

    Fraud claim failed where claimants did not plead facts to support finding that representations were made to induce action or refraining from action, any justifiable reliance on those representation, or damage resulting from representations.

  • The Boeing Co. v. Spirit Aerosystems, Inc.

    Publication Date: 2017-12-27
    Practice Area: Contracts | Damages | Mergers and Acquisitions
    Industry: Aerospace
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: William M. Lafferty, John P. DiTomo, and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Craig S. Prims, Michael A. Glick, and Tracie L. Bryant, Kirkland & Ellis LLP, Washington, DC; Eric F. Leon, Kirkland & Ellis LLP, New York, NY, attorneys for plaintiff
    for defendant: John A. Sensing and Jesse L. Noa, Potter Anderson & Corroon LLP, Wilmington, DE; Evan R. Chesler, Darin P. McAtee, Timothy G. Cameron, and J. Wesley Earnhardt, Caravath, Swaine & Moore, LLP, New York, NY, attorneys for defendant.
    Case Number: D67982

    Defendant entitled to counsel fees after successfully asserting counterclaim, pursuant to fee-shifting provision of parties agreement, but not to interest on fees where agreement made no provision for interest.

  • Novipax Holdings LLC v. Sealed Air Corp.

    Publication Date: 2017-12-13
    Practice Area: Contracts | Mergers and Acquisitions
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jeffrey Moyer, Richard P. Rollo, Travis S. Hunter, Robert M. Hoffman, Michael J. Chiusano and James C. Bookhout for plain-tiff
    for defendant: Kenneth J. Nachbar, John P. DiTomo, Barnaby Grzaslewicz, Robin L. Cohen and Natasha Romagnoli for defendants.
    Case Number: D67972

    Plaintiffs in business sale transaction alleged sufficient facts regarding omissions, concealment and fraudulent representations to state a claim for fraud in the inducement.

  • Turf Nation, Inc. v. UBU Sports, Inc.

    Publication Date: 2017-10-25
    Practice Area: Business Torts | Civil Procedure
    Industry: Distribution and Wholesale | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Counsel: Kenneth J. Enos, Kathaleen S. McCormick, Mary F. Dugan, William S. Sugden and Thomas P. Clinkscales for plaintiff
    for defendant: Stephen E. Jenkins, Peter H. Kyle and Stephen J. Brown for defendants.
    Case Number: D67915

    Dismissal for lack of personal jurisdiction was proper where an individual defendants only connection to Delaware was acting as an officer of an entity that was incorporated in Delaware. Defendant adequately stated claims for fraud and tortious interference with contractual relations, but the matters were not appropriate for res-olution until after the discovery process. Motions to dismiss and for judgment on the pleadings denied.