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328 results for '* topic:"Contracts"' You can use Search Constraints to get even better search results
Publication Date: 2022-09-06
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Patricia L. Enerio, Jamie Brown, Heyman Enerio Gattuso & Hirzel, Wilmington, DE; Gerry Silver, Sullivan & Worcester LLP, New York, NY for plaintiff.
for defendant: Steven T. Margolin, Samuel L. Moultrie, Greenberg Traurig LLP, Wilmington, DE for defendant.
Case Number: D69944
Account stated claim dismissed where duplicative of a well-pleaded breach of contract claim and where plaintiff had failed to adequately plead the existence of a debt or account or defendant's express admission to an amount due under such account or debt.
Publication Date: 2022-08-30
Practice Area: Contracts
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Fiorvanti
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington DE for plaintiffs.
for defendant: Richard P. Rollo, Travis S. Hunter, Angela Lam, Nicole M. Henry, John T. Miraglia, Richards, Layton, & Finger, P.A., Wilmington, DE; Alan S. Loewinsohn, Kerry Schonwald, Loewinsohn, Deary, Simony Ray LLP, Dallas, TX for defendants.
Case Number: D69935
Court denied breach of contract claim in real estate development dissolution case holding that plaintiffs failed to establish that defendants breached material terms of the agreement, their actions were unreasonable, or but for defendants' actions, the plaintiffs would be in a different position.
Publication Date: 2022-08-23
Practice Area: Contracts
Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson LLP, Wilmington, DE; Kevin G. O’Donovan, Palmer Biezup & Henderson LLP, Philadelphia, PA for plaintiff.
for defendant: Elizabeth A. Sloan, Brittany M. Guisini, Ballard Spahr, LLP, Wilmington, DE; Matthew D. Knepper, Tanya Maerz, Husch Blackwell, LLP, St. Louis, MO; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE. for defendants.
Case Number: D69926
Court granted in part and denied in part summary judgment motions in a case arising out of product destruction at a warehouse.
Publication Date: 2022-08-16
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael A. Barlow and Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Anthony Bongiorno and Jessica Reese, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA; Rollo C. Baker IV, Jared Ruocco, and Eric White, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
for defendant: Lewis H. Lazarus, K. Tyler O’Connell, Albert J. Carroll, and Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE; Stephen C. Hackney, P.C., Timothy W. Knapp, P.C., and Brendan E. Ryan, Kirkland & Ellis LLP, Chicago, IL for defendants.
Case Number: D69921
In lieu of a demonstration of likelihood of success on the merits, court granted preliminary injunctive relief compelling specific performance, conditioned on plaintiffs' posting of a bond sufficient to cover the service fees defendants were owed under the parties contract.
Publication Date: 2022-08-16
Practice Area: Contracts
Industry: Consulting | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: G. David Dean, Norman L. Pernick, Patrick J. Reilley, Cole Schotz, Wilmington, DE; Michael G. Farag, Gibson Dunn & Crutcher, Los Angeles, CA; Monica K. Loseman, Gibson Dunn & Crutcher, Denver, CO; Michael L. Nadler, Akiva Shapiro, Randy M. Mastro, Gibson Dunn & Crutcher, New York, NY for appellant.
for defendant: Joseph M. Barry, Michael R. Nestor, Shane M. Reil, James L. Patton, Jr., Young Conaway Stargatt & Taylor, Wilmington, DE for appellee.
Case Number: D69922
Management services company not entitled to transaction fee where proviso requiring liquidity event to satisfy client's outstanding liabilities was included in the section defining liquidity events and therefore constituted a condition to payment of the fee.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2022-08-02
Practice Area: Contracts
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Thomas V. Ayala, Sally E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE for plaintiffs.
for defendant: Scott B. Czerwonka, Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE for defendants.
Case Number: D69902
Restrictive covenants in agreements governing asset purchase transaction for the sale of a business were governed by Delaware law where the parties had contractually chosen Delaware and where parties challenging the enforceability of the covenants failed to show that their home state's law would apply in the absence of the contractual choice.
Publication Date: 2022-08-02
Practice Area: Contracts
Industry: Cargo and Shipping | Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Nygaard
Attorneys: For plaintiff:
for defendant:
Case Number: D69904
District court did not err in finding contract susceptible to multiple reasonable interpretations and in relying on extrinsic evidence to interpret the contract as placing a performance obligation on one of the parties or ruling that said party breached the agreement by not performing that obligation.
Publication Date: 2022-07-26
Practice Area: Contracts
Industry: Construction | Energy | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: Brian Boynton, Acting Assistant Attorney General, Washington, DC; David C. Weiss, United States Attorney for the District of Delaware, Wilmington, DE; Ruth A. Harvey, Michael J. Quinn, John R. Kresse, Tiffiney Carney, United States Department of Justice, Civil Division, Commercial Litigation Branch, Washington, DC for plaintiff.
for defendant: Michael J. Gottlieb, Martin J. Weinstein, Willkie Farr & Gallagher LLP, Washington, DC; Natalia T. Sorgente, Adam Dec, Baker Botts, L.L.P., Washington, DC; Kenneth J. Nachbar, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell, Wilmington, DE for defendants.
Case Number: D69900
Guarantors lacked standing to sue under prime contract where guarantors were not parties to the agreement and their surety status did not mean they were third-party beneficiaries under the prime contract.
Publication Date: 2022-06-28
Practice Area: Contracts
Industry: Financial Services and Banking | Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.
Case Number: D69862
Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.
Publication Date: 2022-06-07
Practice Area: Contracts
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: D69842
Letter of intent merely binding the parties to negotiate in good faith without any binding agreement on key terms of final agreement only entitled purchasing party to reliance damages.
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