• Cont'l Fin. Co. v. TD Bank, N.A.

    Publication Date: 2018-12-26
    Practice Area: Banking and Finance Laws | Commercial Law
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jamie L. Edmonson, Daniel A. O'Brien, Jessie F. Bebber, Patrick J. Boyle, and Adam G. Possidente, Venable LLP for plaintiff;
    for defendant: Alexander D. Bono, Ryan E. Borneman, Lynne E. Evans, Oderah C. Nwaeze, and Mackenzie M. Wrobel, Duane Morris LLP for defendant.

    Case Number: D68400

    Banking customer's negligence claims arising from fraud on its account did not amount to more than simple negligence and were precluded by the UCC and its statute of repose as the fraud occurred under the scope of the account agreement.

  • Mergenthaler v. Triumph Mortgage Corp.

    Publication Date: 2018-12-19
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: John A. Sergovic, Jr., Sergovic & Carmean, P.A., Georgetown, DE for plaintiff.
    for defendant: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for defendant.

    Case Number: D68395

    A judgment creditor was required to refresh a judgment after five years before obtaining a writ of execution, but the court renewed plaintiff's judgment nunc pro tunc due to the court's ministerial error.

  • Piper Jaffray, Inc. v. Marrone Bio Innovations, Inc.

    Publication Date: 2018-12-12
    Practice Area: Contractual Disputes
    Industry: Agriculture | Chemicals and Materials | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Eric Lopez Schnabel and Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Thomas P. Swigert and Phil Steger of Dorsey & Whitney LLP, Minneapolis, MN for plaintiff.
    for defendant: Elena C. Norman and Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Judson E. Lobdell of Morrison & Foerster LLP, San Francisco, CA for defendant.

    Case Number: D68386

    Plaintiff adequately stated a claim for breach of the parties' engagement letter involving financial services, but discovery was necessary to determine factual issues.

  • Goggin v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-12-12
    Practice Area: Corporate Governance | Insurance Law
    Industry: Energy | Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Seth B. Schafler and Seth D. Fiur, Proskauer Rose, LLP, New York, NY for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild, LLP, Wilmington, DE; Joseph Collins, Fox Rothschild, LLP, Chicago, IL for defendant.

    Case Number: D68383

    Exclusionary clause of Directors & Officers insurance policy applied where claims against former directors would not have arisen but for their formation and use of investment vehicles, of which they were managers/members, to enrich themselves at the expense of the corporation for which they were directors and the corporation's creditors.

  • W & C Catts Family Ltd. P'ship v. The Town of Dewey Beach

    Publication Date: 2018-12-12
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: John W. Paradee, Glenn C. Mandalas and Daniel F. McAllister, Mandalas & Brockstedt, Dover, DE for appellant.
    for defendant: Veronica O. Faust, Morris James, LLP, Rehoboth Beach, DE; Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for appellees.

    Case Number: D68387

    A property owner abandoned a nonconforming use of an eatery for at least one year, and the property was subject to floodplain district requirements.

  • SARN Energy LLC v. Tatra Defence Vehicle A.S.

    Publication Date: 2018-11-21
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Consulting | Defense | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Oderah C. Nwaeze and Ryan E. Borneman of Duane Morris LLP, Wilmington, DE, attorneys for plaintiff.
    for defendant: Philip Trainer, Jr. and Hayley Lenahan of Ashby & Geddess, Wilmington, DE; Kenneth J. Pfaehler of Dentons US LLP, Washington, DC, attorneys for defendant.

    Case Number: D68363

    Defendant adequately alleged its breach of contract counterclaims, but it failed to state a viable claim for fraud and matters relating to alter ego liability had to be filed in another court.

  • Patrone v. Commerce Assoc. LP

    Publication Date: 2018-11-14
    Practice Area: Discovery | Dispute Resolution | Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68355

    The court severed claims that were covered by an arbitration clause, but it denied a motion to dismiss on the remaining claims because discovery was necessary for the resolution of certain factual issues.

  • 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.

  • The GWO Litig. Trust v. Sprint Solutions, Inc.

    Publication Date: 2018-11-07
    Practice Area: Business Torts | Trade Secrets
    Industry: Retail | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Richard M. Beck, Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; John D. Byars, Joseph C. Smith, Jr., Bartlit Beck Herman Palenchar & Scott LLP, Chicago, IL, attorneys for plaintiff
    for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; David I. Swan, Brian A. Kahn, McGuire Woods LLP, Charlotte, NC, attorneys for defendant and third-party plaintiff.

    Case Number: D68347

    Plaintiff adequately stated claims for trade secret violations and interference with prospective business rela-tions, but its conversion and unfair competition claims were duplicative of the contract claims.

  • Strobert Tree Servs., Inc v. Kenneth Lilly Fasteners, Inc.

    Publication Date: 2018-10-31
    Practice Area: Contracts | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: George T, Lees, III, Logan & Petrone, LLC, New Castle, DE, attorney for plaintiff
    for defendant: David Baumberger, Chrissinger & Baumberger, Wilmington, DE, attorney for defendant.

    Case Number: D68335

    Plaintiff's expert's opinion that defendant's product was defective was stricken where the expert failed to conduct testing on defendant's actual product.