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Publication Date: 2024-07-02
Practice Area: Damages
Industry: Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: David H. Holloway, Shlansky Law Group, LLP, Wilmington, DE; Christine M. Mackintosh, Esquire Grant & Eisenhofer P.A. Wilmington, DE for plaintiff.
for defendant: Jody C. Barillare, Amy M. Dudash, Wilmington, DE for defendant.
Case Number: 2017-0346-LWW
Court declined to award pre-judgment/pre-trial interest on rescissory damages as judgment creditor was not deprived of its funds and defendant was being ordered to disgorge the benefits he accrued by usurping creditor's corporate opportunities.
Publication Date: 2024-07-02
Practice Area: Contracts
Industry: Call Centers | Cargo and Shipping | E-Commerce | Software
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Matthew J. Jacobs, Jessica S. Heim, Emily Margolis, DLA Piper LLP, San Francisco, CA for plaintiff.
for defendant: Rudolf Koch, Elizabeth J. Freud, Nicholas F. Mastria, Richards, Layton & Finger P.A., Wilmington, DE; Michael T. Jones, Ashley V. Hart, Holland & Knight LLP, Boston, MA for defendant.
Case Number: N23C-08-005 MAA CCLD
Court declined to dismiss breach of contract claims where defendant adequately alleged that plaintiff's services failed to achieve the bargained-for availability, with disputes over the calculation of availability requiring further discovery.
Publication Date: 2024-07-02
Practice Area: Tax
Industry: Agriculture | Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Halloran, Farkas, Kittila, LLP, Wilmington, DE for appellant.
for defendant: Adam Singer, Judith Ann Hildick Mitchell, William C. Martin, New Castle County Law Department, Wilmington, DE for appellees.
Case Number: N23A-05-005 CEB
Court found no error in excluding portion of property from farmland exemption where evidence supported the finding that the enclosed portion was not being used for farming purposes.
Publication Date: 2024-07-02
Practice Area: Corporate Governance
Industry: Legal Services | Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Jeremy D. Eicher, Eicher Law LLC, Wilmington, DE; Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE for petitioner.
for defendant: Douglas D. Herrmann, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Jennifer C. Voss, Skadden, Arps, Slate, Meagher & Flom LLP Wilmington, DE for respondent.
Case Number: 9700-CM, 10449-CM
Court overruled corporation's objections to custodian's legal fee petitions where court had already ruled on custodian's entitlement to fees and found no basis to support corporations' challenges to the reasonableness of the fees.
Publication Date: 2024-07-02
Practice Area: Business Torts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Michael T. Manuel, John M. Seaman, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
for defendant: Margaret F. England, Michael Van Gorder, Gellert Seitz Busenkell & Brown LLC, Wilmington, DE for defendant.
Case Number: 2023-1062-NAC
Court declined to dismiss fiduciary claims where defendant availed himself of Delaware law by becoming a manager of a Delaware LLC pursuant to an LLC agreement that expressly imposed fiduciary duties on defendant.
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Publication Date: 2024-07-02
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Joseph B. Elad, Claymont, DE, pro se plaintiff.
for defendant: Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Lorin Huerta, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Helene Elizabeth Episcopo, New Castle County Office of Law, New Castle, DE; Chase N. Miller, McCabe Weisberg & Conway P.C., Wilmington, DE for defendants.
Case Number: 23-1360-GBW
Court dismissed complaint challenging state court foreclosure proceedings where defendants were entitled to absolute judicial or quasi-judicial immunity or were not acting under color of state law for purposes of a §1983 claim.
Publication Date: 2024-07-02
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Automotive
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Wilmington, DE for defendant.
Case Number: K23J-01105
Judgment creditor could seek to enforce foreign judgment that had become dormant before transfer as the judgment remained valid under the original jurisdiction's and Delaware's law, but Delaware law required the creditor to either revive the judgment or seek court approval to execute due to its dormancy.
Publication Date: 2024-07-02
Practice Area: Personal Injury
Industry: Non-Profit
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: William D. Fletcher, Jr., Dianna E. Stuart, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
for defendant: Kevin J. Connors, Marshall Dennehey, P.C., Wilmington, DE for appellee.
Case Number: 249, 2023
Dog bite statute contained no language indicating the legislature's intent to exclude animal welfare organizations from the definition of an "owner."
Publication Date: 2024-06-25
Practice Area: Business Torts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Andrew J. Shapren, Scott C. Oberlander, Buchanan Ingersoll & Rooney PC, Philadelphia, PA for plaintiffs.
for defendant: John P. DiTomo, Courtney L. Kurz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; David G. Hille, Gregory M. Stamer, Erika Murdoch, White & Case LLP, New York, NY for defendant.
Case Number: 23-1262-CFC
Court affirmed FINRA arbitration award, rejecting plaintiffs' arguments in support of their motion to vacate where the award was based on applicable statutory law and a reasonable interpretation of FINRA rules, and where the court lacked authority to reweigh the evidence.
Publication Date: 2024-06-25
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Bradley R. Aronstam, Roger S. Stronach, Holley E. Newell, Ross Aronstam & Moritz LLP, Wilmington, DE; David S. Flugman, Lauren J. Zimmerman, Korey Boehm, Selendy Gay PLLC, New York, NY for plaintiffs.
for defendant: Susan W. Waesco, Emily C. Friedman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; William C. Jackson, Ashley Moore Drake, Goodwin Procter LLP, Washington, D.C.; Ariel E. Rogers, Goodwin Procter LLP, Redwood City, CA; Lauren E. Jackson, Goodwin Procter LLP, Boston, MA for defendant.
Case Number: 2023-0699-JTL
Statements that did not constitute mere puffery were sufficient to state a fraud claim where plaintiff adequately alleged defendant's scienter and where the parties' contract lacked an anti-reliance clause.
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