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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: 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: 2024-06-18
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Gregory V. Daulton, Marin & Gregory, LLC, Wilmington, DE for plaintiff.
for defendant: Paul D. Sunshine, Martin D. Page, Reger, Rizzo & Darnall, LLP, Wilmington, DE, attorneys for defendants.
Case Number: N22C-08-459 CEB
Golf course operator did not owe duty to person injured by stolen golf cart where a stolen cart did not constitute "exceptional circumstances" and the operator did not have notice of the risk of theft where it had only suffered one prior theft attempt under completely different circumstances than the theft of the stolen cart at issue.
Publication Date: 2024-06-11
Practice Area: Business Torts
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David J. Soldo, Morris James LLP, Wilmington, DE; Anne Mercado Clark, Jeffrey D. Coren, Phillips Lytle LLP, Buffalo, NY for plaintiff.
for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; George A. Gasper, Ice Miller LLP, Indianapolis, IN; Ethan H. Townsend, Daniel T. Menken, McDermott Will & Emery LLP, Wilmington, DE for defendants.
Case Number: N23C-06-090 EMD CCLD
Aiding and abetting clause plausibly alleged as to sellers' advisors where they were involved in due diligence and thus plausibly could have assisted sellers in withholding material information, which breached representations and warranties.
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Publication Date: 2024-06-03
Practice Area: Labor Law
Industry: Non-Profit
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: “J” Jackson Shrum, Jack Shrum, P.A., Wilmington, DE; Dayna C. Cooper, Cooper Legal Solutions, Towson, MD for plaintiff.
for defendant: Tracey E. Timlin, Charles W. Fournier, Duane Morris LLP, Wilmington, DE for defendants.
Case Number: N23C-04-192 MAA
Court dismissed case due to failure to perfect timely service, lack of personal jurisdiction over one of the defendants, and venue being more proper in another jurisdiction.
Publication Date: 2024-05-27
Practice Area: Contracts
Industry: Financial Services and Banking | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David A. Jenkins, Julie M. O’Dell, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Jonathan K. Waldrop, Marcus Barber, Kasowitz Benson Torres LLP, Redwood Shores, CA; Carolina Diaz-Martinez, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
for defendant: John A. Sensing, P. Andrew Smith, Potter Anderson & Corroon LLP, Wilmington, DE; Bambo Obaro, Weil, Gotshal & Manges LLP, Redwood Shores, CA; David J. Lender, Weil, Gotshal & Manges LLP, New York, NY for defendants.
Case Number: N23C-04-086 EMD CCLD
Misappropriation claims were untimely where announcement of competing program was sufficient to put plaintiff on notice of potential misappropriation.
Publication Date: 2024-05-27
Practice Area: Personal Injury
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: David Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendants.
Case Number: N21C-08-265 MAA
Plaintiff's personal injury claims arising from mold exposure were untimely where plaintiff filed suit more than two years after receiving a definitive diagnosis of mold allergies.
Publication Date: 2024-05-20
Practice Area: Mergers and Acquisitions
Industry: Biotechnology
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: James M. Yoch, Jr., Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Brian Massengill, Matthew C. Sostrin, Mayer Brown LLP, Chicago, IL for plaintiffs.
for defendant: Rudolf Koch, Travis S. Hunter, Puja A. Upadhyay, Jessica E. Blau, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
Case Number: N23C-10-067
Plaintiffs could not exercise attorney-client privilege over sell-side emails where the merger agreement expressly contemplated that privilege would remain with the sellers, including defendants.
Publication Date: 2024-05-20
Practice Area: Civil Rights
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff:
for defendant:
Case Number: S23C-02-019 CAK
Department of Natural Resources and Environmental Control police officer was entitled to absolute and qualified immunity for false arrest claims where he and his agency were not insured by the state for such claims and where there was no allegation that officer acted in bad faith.
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