• Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2020-01-22
    Practice Area: Contractual Disputes
    Industry: Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson LLP, Wilmington, DE; Usher Winslett, Winslett Studnicky McCormick & Bomser LLP, New York, NY for defendant.

    Case Number: D68852

    The court had previously ruled that a genuine issue of material fact existed with regard to a liability limitation provision, so plaintiff was not entitled to summary judgment.

  • 913 Market, LLC v. InvestUSA Holding Enters., LLC

    Publication Date: 2019-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendant.

    Case Number: D68798

    Plaintiff seller was entitled to judgment where defendant buyer breached a purchase and sale agreement for real property by failing to close by the contracted-for "time of the essence" closing date and the agreement unambiguously provided that plaintiff's sole and exclusive remedy was to retain defendant's earnest money deposit.

  • Stephenson v. Big Oaks Trailer Park, Inc.

    Publication Date: 2019-09-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Michael I. Silverman and Adrienne M. McDonald, Wilmington, DE for defendants.

    Case Number: D68715

    Although plaintiffs failed to comply with the court's scheduling order when they failed to provide expert witness reports within the time allowed, the court concluded that defendant was not prejudiced.

  • ACW Corp. v. Maxwell

    Publication Date: 2019-07-24
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.

    Case Number: D68638

    Workers' compensation provider not entitled to subrogation and reimbursement from third-party tortfeasor for speculative future damages provided in a commutation between workers' compensation provider and injured worker.

  • Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2019-07-24
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson (US) LLP, Wilmington, DE; Usher Winslett, Winslett Stud-nicky McCormick & Bomser LLP, New York, NY for defendant.

    Case Number: D68645

    The court concluded defendant's interpretation of a contract clause was not reasonable, because it would have relieved de-fendant from liability for its own failure to comply with the terms of the contract.

  • DiStefano v. KW Solar Sols., Inc.

    Publication Date: 2019-07-17
    Practice Area: Expert Witnesses
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Blake A. Bennett and Christopher H. Lee, Cooch and Taylor, P.A., Wilmington, DE for plaintiffs.
    for defendant: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE for defendants.

    Case Number: D68632

    Plaintiffs' expert could testify as to the presence of mold in plaintiffs' home, given the expert's training, certifications, and experience in the mold inspection industry.

  • Kalil v. Kalil

    Publication Date: 2019-06-12
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Daniel R. Losco, Losco & Marconi, P.A., Wilmington, DE for defendant.
    for defendant: N/A

    Case Number: D68595

    A promissory note did not contain any provision for acceleration of the balance, and defendant timely made all regular interest payments due under the terms of the note.

  • Lyons Ins. Agency, Inc. v. Kirtley

    Publication Date: 2019-04-10
    Practice Area: Business Torts | Employment Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre and Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Oderah C. Nwaeze and Mackenzie M. Wrobel, Duane Morris LLP, Wilmington, DE for defendants.

    Case Number: D68521

    Issues of fact precluded the parties' motions for dismissal and judgment on the pleadings in this employment litigation.

  • BRP HOLD OX, LLC v. Chilian

    Publication Date: 2019-01-30
    Practice Area: Business Torts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: K. Tyler O'Connell, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: David P. Primack and David W. Giattino, McElroy Deutsch Mulvaney & Carpenter, LLP, Wilmington, DE for defendant.

    Case Number: D68438

    Application for interlocutory appeal denied where court's application of absolute privilege was not in conflict with prior jurisprudence as alleged falsity of claim of breach of contract was not product of firsthand knowledge, and costs of interlocutory review would likely outweigh benefits.

  • Agostini v. Blenheim at Augustine Creek, LLC

    Publication Date: 2019-01-23
    Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.

    Case Number: D68430

    Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.

  • BRP Hold Ox, LLC v. Chilian

    Publication Date: 2018-11-14
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Scott T. Earle of Zarwin Baum DeVito Kaplan Schaer Toddy P.C., Wilmington, DE for plaintiffs
    for defendant: Christopher Viceconte of Gibbons P.C., Wilmington, DE formerly for defendant.

    Case Number: D68353

    A defendant failed to sufficiently allege counterclaims for tortious interference, malicious prosecution, abuse of process, or declaratory relief.