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19 results for '* industry:"Cargo and Shipping"' You can use Search Constraints to get even better search results
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: 2023-06-20
Practice Area: Admiralty
Industry: Cargo and Shipping
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: J. Stephen Simms, Simms Showers, Baltimore, MD for appellant.
for defendant: Amanda D. Price, Squire Patton Boggs, Houston, TX; John J. Reilly, Squire Patton Boggs, New York, NY for appellee.
Case Number: 22-1276
Party could seek maritime attachment for indemnification of a claim made against that party, but its claim for loss-of-hire was too contingent to support attachment as it depended on failing to recover on that claim against the vessel's owner.
Publication Date: 2023-06-13
Practice Area: Criminal Law
Industry: Cargo and Shipping | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2032
District court properly convicted shipping companies for falsification of environmental records where circumstantial evidence indicated that multiple crew members participated in the cover-up, indicating that it was done at least in part to serve corporate interests.
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: 2022-06-07
Practice Area: Labor Law
Industry: Cargo and Shipping | State and Local Government
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Sackena Russell-Fowler, Wilmington, DE, pro se appellant.
for defendant: Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, Delaware for appellees.
Case Number: D69844
Court reversed and remanded denial of unemployment benefits where division of unemployment insurance identified discrepancies in Pandemic Unemployment Assistance recipient's earnings, potentially rendering the board's decision in error as it was based on the incorrect standards.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-04-12
Practice Area: Contractual Disputes
Industry: Cargo and Shipping
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Jody C. Barillare, Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Michael D. Blanchard, Morgan, Lewis & Bockius LLP, Hartford, CT; Julie S. Goldemberg, Morgan, Lewis & Bockius LLP, Philadelphia, PA; Leslie B. Spoltore, Obermayer Rebmann Maxwell & Hippel LLP, Wilmington, DE; Nicholas Poduslenko, Matthew S. Olesh, Obermayer Rebmann Maxwell & Hippel LLP, Philadelphia, PA for plaintiffs.
for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Thomas J. Elliott, Frederick P. Santarelli, Jack P. Elliott, Colin J. O’Boyle, Elliott Greenleaf, P.C., Blue Bell, PA for defendant.
Case Number: D69774
The court held that plaintiff who leased a dock from defendant proved that it was not a stevedore because it was not involved in the physical handling of cargo within the terminal property.
Publication Date: 2022-01-25
Practice Area: Contracts
Industry: Cargo and Shipping | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Geoffrey G. Grivner, Andrew Hope, Craig Mills, Buchanan Ingersoll & Rooney P.C., Wilmington, DE; George R. Zacharkow, Deasey, Mahoney & Valentini, LTD, Philadelphia, PA for plaintiff.
for defendant: Frank P. DeGiulio, Kevin G. O’Donovan, Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE; Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE for defendants.
Case Number: D69690
The court held that plaintiff successfully pled a cause of action for promissory estoppel where it alleged defendant promised to pay the new tariff, that plaintiff relied on that promise, and that plaintiff suffered harm when Dole refused to pay. Motion to dismiss denied. However, plaintiff's claim for promissory fraud and punitive damages failed to state the mandatory requirements that defendant knew their statements about reimbursement were false and that defendant had a meritorious defense such that punitive damages were not applic
Publication Date: 2021-07-21
Practice Area: Corporate Governance
Industry: Cargo and Shipping
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE; Brian J. Robbins, Stephen J. Oddo, Emily R. Bishop, Robbins LLP, San Diego, CA for plaintiff.
for defendant: Lisa A. Schmidt, Alexander M. Krischik, Nicole M. Henry, Richards, Layton & Finger, P.A., Wilmington, DE for individual defendants and nominal defendant FedEx Corp.
Case Number: D69475
The court dismissed this derivative action with prejudice, because plaintiff failed to adequately plead de-mand futility.
Publication Date: 2021-07-14
Practice Area: Corporate Entities
Industry: Cargo and Shipping | E-Commerce
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE for plaintiff.
for defendant: Peter K. Schaeffer, Jr., Avenue Law, Dover, DE for defendant.
Case Number: D69466
A former director waited too long to challenge his removal, and the court concluded that the remaining shareholders had authority to remove him from his role as a director.
Publication Date: 2021-06-16
Practice Area: Contracts
Industry: Accounting | Cargo and Shipping | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Travis J. Ferguson, McCarter & English, LLP, Wilmington, DE; Geoffrey G. Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for plaintiffs.
for defendant: David A. Dorey, Brandon W. McCune, Blank Rome LLP, Wilmington, DE for defendant.
Case Number: D69436
The parties' agreement provided for valuation as a going concern, and the court found that they impliedly agreed to a price based on the midpoint of a valuation range.
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