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Publication Date: 2023-11-06
Practice Area: Tax
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Daniel Charles Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiff.
for defendant: Jennifer Marie Kinkus, William Edward Gamgort, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for defendants.
Case Number: 1:21-cv-00249-SB
Breach of fiduciary duty claim was untimely under statute of limitations where plaintiff was on inquiry notice of his claim no later than his receipt of an IRS audit notice investigating transactions involving defendant.
Publication Date: 2023-10-09
Practice Area: Intellectual Property
Industry: E-Commerce | Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY for plaintiffs.
for defendant: David E. Moore, Bindu A. Palapura, Andrew L. Brown Potter Anderson & Corroon LLP, Wilmington, DE; Gabriel M. Ramsey, Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Shira Liu, Margaux Poueymirou, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Crowell & Moring LLP, Washington, D.C. for defendant.
Case Number: 20-cv-613-SB
Court excluded economic expert's testimony as unsupported by data and methodology where expert claimed there was little likelihood of a market for plaintiffs' product, since there were insufficient facts about the attributes of the product or whether there were current substitutes for the product already on market.
Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Cynthia Chen, Zacharia Chibane, Spears & Imes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; Jeffrey L. Willian, Devora W. Allon, Gilad Y. Bendheim, Patrick J. Gallagher, Vera C. Esses, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 1:18-cv-00654-SB-SRF
Court dismissed complaint seeking to pierce corporate veil where plaintiff failed to present evidence that parent and subsidiary failed to observe corporate formalities.
Publication Date: 2023-06-06
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Andrew J. Cochran, Gerald J. Flattman, Jr., Cahill Gordon & Reindel LLP, New York, NY for plaintiffs.
for defendant: Megan C. Haney, John C. Phillips, Jr., Phillips, McLaughlin & Hall, P.A., Wilmington, DE; Adrianne C. Rose, Joseph T. Jaros, Natasha L. White, William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL for defendants.
Case Number: 21-cv-1710-SB
Court could clarify claim constructions from prior litigation involving the same patents-in-suit even if patentee acted as its own lexicographer, but only narrow clarification was necessary for one of the disputed terms.
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.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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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.
Publication Date: 2023-04-11
Practice Area: Contracts
Industry: E-Commerce | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Massimo D’Angelo, Akerman LLP, New York, NY for plaintiffs.
for defendant: Raymond J. DiCamillo, Christine Dealy Haynes, Richards, Layton & Finger, PA, Wilmington, DE; Christopher Andrews, Cooley LLP, San Francisco, CA for defendants.
Case Number: 20-cv-1556-SB
Unilateral mistake claim not dismissed where plaintiffs plausibly alleged they were unaware of defendants' failure to amend the parties' contract as agreed and that defendants knew of plaintiffs' mistake.
Publication Date: 2023-03-21
Practice Area: Contractual Disputes
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Michael B. Mccauley, Daniel H. Wooster, Palmer, Biezup & Henderson, Wilmington, DE; David A. Neblett, James M. Mahaffey, John A. Wynn, Perry & Neblett, Miami, FL for plaintiff.
for defendant: Daryll Hawthorne-Bernardo, Timothy S. Martin, White & Williams, Wilmington, DE; Krista Acuna, Hamilton, Miller & Birthisel, Miami, FL for defendant.
Case Number: 1:19-cv-02014-SB-MPT
The court granted a motion to dismiss on the grounds that plaintiff insured failed to set forth feasible claims sounding in breach of contract and conversion in a matter arising out of defendant's refusal to completely cover the loss of plaintiff's speedboat.
Publication Date: 2023-02-21
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Richard Alan Barkasy, Stephen A. Fogdall, Kristi JoLynn Doughty, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE for plaintiffs.
for defendant: Catherine A. Gaul, Michael Dean Walker, Jr., Ashby & Geddes, Wilmington, DE; Davis G. Mosmeyer III, Peter L. Loh, Sara A. Brown, Foley & Lardner LLP, Dallas, TX for defendant.
Case Number: 19-cv-02092-SB
Breach of duty to negotiate in good faith claim rejected where parties' non-binding letter of intent let seller walk away for any reason and seller continued to pursue the transaction up until new financial performance data motivated seller to ask for higher price, where the evidence showed that seller would have consummated the transaction at that higher price.
Publication Date: 2022-11-01
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Daniel R. Miller, Donald L. Gouge, Jr., Daniel A. Cohen, Jim Walden, Tricia R. Lyons, Walden Macht & Haran LLP, Philadelphia, PA for plaintiff.
for defendant: Megan Ward Cascio, Sabrina M. Hendershot, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Julius A. Rousseau, III, Andrew Dykens, ArentFox Schiff LLP, New York, NY for defendant.
Case Number: 1:18-cv-02002-SB
Estate could recover death benefit from a stranger-oriented life insurance policy taken out on the life of decedent where the policy was funded by a non-recourse loan, decedent had no need for life insurance and procured the policy as a wagering contract, and the recipient of the benefit was knowingly involved in the fraud to procure the policy.
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