• P & TI Acquisition Co. v. Morgenthaler Partners VII, LP

    Publication Date: 2019-05-22
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: David A. Dorey, Craig N. Haring, Steven J. Roman and Adrien C. Pickard, Blank Rome LLP, Wilmington, DE and Washington, D.C. for plaintiff.
    for defendant: Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Robert S. Faxon and Michael A. Platt, Jones Day, Cleveland, OH for defendant.

    Case Number: D68471

    The court dismissed plaintiff's breach of contract claim for failure to state a claim, and it dismissed a claim for breach of the im-plied covenant of good faith and fair dealing because the parties' agreement expressly addressed the issue.

  • Sun Life Assurance Co. of Canada v. Group One Thousand One, LLC

    Publication Date: 2019-04-10
    Practice Area: Contractual Disputes
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Raymond J. DiCamillo, Travis S. Hunter and Renee M. Mosley, Richards, Layton & Finger, P.A., Wilmington, DE; Daniel M. Abuhoff and Matthew D. Forbes, Debevoise & Plimpton LLP, New York, NY for plaintiff.
    for defendant: Robert S. Saunders, Matthew P. Majarian and Daniel S. Atlas, Skadden, Arps, Slate, Meagher & Flown LLP, Wilmington, DE for defendant.

    Case Number: D68524

    A forum selection clause in the parties' stock purchase agreement could not confer jurisdiction on the chancery court where it was not otherwise available.

  • 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.

  • Patel v. Sunvest Realty Corp.

    Publication Date: 2018-10-31
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.

    Case Number: D68336

    Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.

  • Progressive Cas. Ins. Co. v. Bowman Trailer Leasing, LLC

    Publication Date: 2018-08-29
    Practice Area: Insurance Litigation
    Industry: Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Thomas P. Leff and Robert D. Moseley, Jr. for plaintiff
    for defendant: Jason D. Warren and Justin L. Klein for defendant.

    Case Number: D68268

    A negligence action filed in another jurisdiction qualified as a prior pending proceeding, and the court granted a stay as to an insurer's later-filed declaratory relief action.

  • FMC Corp. v. New Castle Co. Special Serv. Dept.

    Publication Date: 2018-03-14
    Practice Area: Government | Regulations
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Jessica C. Watt and Brendan K. Collins for petitioner
    for defendant: Max B. Walton, Kyle E. Gay and Marlaine A. White for defendant.

    Case Number: D68074

    The general manager of a county special services department exceeded her authority in issuing a final order that imposed fines and injunctive relief for a partys failure to comply with the restrictions of a permit. Administrative order vacated.

  • Griffith v. Energy Independence

    Publication Date: 2018-01-10
    Practice Area: Contracts | Personal Injury
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Robert C. Collins, Schwartz & Schwartz, Dover, DE; Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Patrick M. McGrory and Jason J. Cummings, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.

    Case Number: D67999

    Plaintiff could assert claim for negligence arising from defendants performance of the parties contract, and was statutorily authorized to bring claim for negligent construction or renovation of residential property.

  • Mooney v. E.I. DuPont de Nemours and Co.

    Publication Date: 2017-12-13
    Practice Area: Business Torts
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: Kathleen F. McDonough, John A. Sensing and Jesse L. Noa for defendant.

    Case Number: D67971

    In his fraud claim, plaintiff alleged only forward-looking statements and not specific facts which indicated that the statements were known to be false when made or were made in bad faith.

  • Devine v. MHC Waterford Estates, LLC

    Publication Date: 2017-10-25
    Practice Area: Contracts | Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Joseph J. Rhoades and Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Kelly E. Rowe, Reilly, Janiczek, McDevitt, Heinrich & Cholden, P.C., Wilmington, DE, attorney for defendant.

    Case Number: D67910

    Landlord of mobile home lot had common law and statutory duties to maintain premises independent of rental agreement obligations, which could support both tort and breach of contract claims.