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Publication Date: 2022-12-20
Practice Area: Contracts
Industry: E-Commerce | Software
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David E. Wilks, Wilks Law, LLC, Wilmington, DE; David Leichtman, Leichtman Law PLLC, New York, NY for plaintiff.
for defendant: Matthew E. Fischer, Jonathan A. Choa, Jacqueline A. Rogers, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Vanessa Soriano Power, Stoel Rives LLP, Seattle, WA; Samantha K. Sondag, Stoel Rives LLP, Portland, OR for defendants.
Case Number: N21C-05-198 EMD CCLD
Quasi-contractual claims failed where there was no evidence that plaintiffs performed any services or conferred any benefit on defendants beyond those expressly identified in the parties' written contract.
Publication Date: 2022-12-13
Practice Area: Contractual Disputes
Industry: Biotechnology
Court: Delaware Superior Court
Judge: Judge Valihura
Attorneys: For plaintiff: Mary F. Dugan, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Robert W. Capobianco, Adriana R. Midence, Kelli N. Church, Jackson Lewis P.C., Atlanta, GA for appellants.
for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Salmeh K. Fodor, Kristoffer V. Sargent, KF Law, LLC, Atlanta, GA for appellees.
Case Number: 382, 2021
The court affirmed in part and reversed in part a cross-appeal arising out of a corporate litigation claim.
Publication Date: 2022-12-13
Practice Area: Employment Litigation
Industry: Biotechnology | Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.
Case Number: N21C-12-131 CEB
Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.
Publication Date: 2022-12-06
Practice Area: Employment Litigation
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
for defendant: Tiffany R. Hubbard, Pamela Moore, McCarter & English, LLP, Hartford, CT; Chelsea A. Botsch, McCarter & English, LLP, Wilmington, Delaware for defendants.
Case Number: K21C-06-040 NEP
The court found for defendant corporation in an employment litigation sounding in discrimination and defamation claims.
Publication Date: 2022-11-15
Practice Area: Mergers and Acquisitions
Industry: Retail
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Andrew L. Cole, Jack M. Dougherty, Cole Schotz, P.C., Wilmington, DE; Steven L. Klepper, Brendan P. Barry, Cole Schotz, P.C., Hackensack, NJ for plaintiff.
for defendant: Patricia R. Urban, Megan I. Brison, Pinckney, Weidinger, Urgan & Joyce LLC, Wilmington, DE; Eric B. Fisher, Sarah Dowd, Binder & Schwartz LLP, New York, NY; Anna E. Currier, James G. Gorman III, Blank Rome LLP, Wilmington, DE; Jason A. Snyderman, Charles A. Fitzpatrick, Blank Rome LLP, Philadelphia, PA; Shawna J. Henry, Blank Rome, Pittsburgh, PA for defendants.
Case Number: N21C-12-175 MMJ CCLD
Anti-reliance/non-recourse provisions of purchase agreement did not bar fraud claims against non-signatories where plaintiff sufficiently alleged that those parties were complicit in the contracting party's misrepresentations.
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Publication Date: 2022-11-01
Practice Area: Contractual Disputes
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: David B. Stratton, James H. Levine, Troutman, Pepper, Hamilton, Sanders, LLP, Wilmington, DE for plaintiffs.
for defendant: S. Michael Sirkin, Anthony M. Calvano, Ross Aronstam & Moritz, LLP, Wilmington, DE; Evan I. Cohen, Finn Dixon & Herling LLP, Stamford, CT for defendants.
Case Number: N21C-02-006
Court denied motion for summary judgment by LLC trust beneficiary to enforce a "payout" on the terms of the trust with defendant corporation.
Publication Date: 2022-10-25
Practice Area: Corporate Entities
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: William R. Firth, III, Cohen Seglias Pallas Greenhall & Furman, P.C., Wilmington, DE; Michael J. Maloney, Felicello Law, P.C. New York, NY.
for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chavez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Nirav S. Shah, Cantor Fitzgerald, L.P., New York, NY for defendant.
Case Number: N21C-12-069 MAA
The court dismissed plaintiffs' partnership interest redemption claims when filed outside the limitations period as plaintiffs' claims accrued following defendants' denial of plaintiffs' exercise of their redemption rights.
Publication Date: 2022-10-18
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: N17C-04-320 PPI
Medical expert testimony excluded where opinion was based on possibility rather than stated in terms of a reasonable degree of medical certainty.
Publication Date: 2022-10-18
Practice Area: Telecommunications
Industry: State and Local Government | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Geoffrey G. Griver, Buchanan Ingersoll & Rooney, PC, Wilmington, DE; Shawn N. Gallagher, Buchanan Ingersoll & Rooney, PC, Philadelphia, PA for plaintiff.
for defendant: Gary W. Lipkin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Charles A. Zdebski, Eckert Seamans Cherin & Mellott, LLC, Washington, DC; Bradley S. Eaby, Deputy Attorney General, State of Delaware Department of Justice, Dover, DE for defendants.
Case Number: N21C-08-126 PRW
Court denied wireless infrastructure company summary judgment in action challenging city-mandated franchise agreements for node installation, where there were outstanding issues of material fact regarding whether the franchise agreements were exempted from the preemptive effect of the Federal Telecommunications Act.
Publication Date: 2022-10-18
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for plaintiff.
for defendant: Peter Schaeffer, Avenue Law, Dover, DE for defendant.
Case Number: K22C-01-009 DJB
Court denied a motion to dismiss filed by defendant real estate agent seeking to dismiss claims filed by plaintiff clients claiming defendant failed to inform them of defects in in the home prior to purchasing the property.
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