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Publication Date: 2024-10-22
Practice Area: Legal Malpractice
Industry: Entertainment and Leisure | Insurance | Legal Services | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Patrick C. Gallagher, Courtney R. Prinski, Jacobs & Crumplar, P.A., New Castle, DE for plaintiff.
for defendant: David E. Ross, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE for defendant.
Case Number: N24C-01-095 EMD CCLD
Former law firm client failed to establish causal connection to damages where insurance policy secured by counsel expired due to client's failure to pay premiums before a "claim" under the policy arose.
Publication Date: 2024-07-23
Practice Area: Corporate Governance
Industry: Entertainment and Leisure
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Thomas W. Briggs, Jr., Tarik J. Haskins, Elizabeth A. Mullin Stoffer, Jacob M. Perrone, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Alan I. Silver, Tal A. Bakke, Bassford Remele, P.A., Minneapolis, MN for plaintiffs.
for defendant: Alexandra D. Rogin, Paul S. Seward, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Stephen A. Ling, Karen D. Olson, Spencer Fane LLP, Minneapolis, MN; Courtney L. Creal, Spencer Fane LLP, Nashville, TN for defendants.
Case Number: 2024-0016-KSJM
Court granted managing members summary judgment on claim to invalidate purported amended LLC agreement where prior version of agreement expressly excluded non-managing members from taking unilateral actions on behalf of the company or removing managing members without remaining managing members' consent.
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: 2024-06-03
Practice Area: Consumer Protection
Industry: E-Commerce | Entertainment and Leisure
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
for defendant: Robert J. Kriner, Jr., Chimicles, Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE for defendant.
Case Number: 2024-0040-MTZ
Court denied confidentiality of litigation record motion where parties could not rely on a contractual provision to demand confidentiality and movant failed to overcome the presumption in favor of public access.
Publication Date: 2024-05-27
Practice Area: Labor Law
Industry: E-Commerce | Entertainment and Leisure | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Rolin P. Bissell, Elena C. Norman, Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Mary Eaton, Thomas Walsh, Christian Vandergeest, Freshfields Bruckhaus Deringer US LLP, New York, NY for plaintiff.
for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Kevin D. Galbraith, The Galbraith Law Firm, New York, NY; Sean R. O’Brien, A.J. Monaco, O’Brien LLP, New York, NY; Joseph Gallagher, Harris St. Laurent & Wechsler LLP, New York, NY for defendants.
Case Number: 2023-0377-MTZ
Employment agreements' statement of parties' agreement to arbitrate claims generally and reference to AAA created presumption of parties' intention to delegate questions of substantive arbitrability to the arbitrator.
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Publication Date: 2024-05-20
Practice Area: Corporate Governance
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrew J. Peach, Christopher P. Quinn, Jackson E. Warren, Andrews & Springer LLC, Wilmington, DE; Ned Weinberger, Casimir O. Szustak, Labaton Sucharow LLP, Wilmington, DE; Jeremy S. Friedman, David F.E. Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; John Vielandi, Joshua M. Glasser, Labaton Keller Sucharow LLP, New York, NY; D. Seamus Kaskela, Adrienne Bell, Kaskela Law LLC, Newtown Square, PA for plaintiffs.
for defendant: Brian C. Ralston, Charles R. Hallinan, Potter Anderson & Corroon LLP, Wilmington, DE; Andrew R. Gray, Ryan A. Walsh, Natasha Pardawala, Latham and Watkins LLP, Costa Mesa, CA; R. Judson Scaggs, Jr., Susan W. Waesco, Kirk C. Andersen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dean Kristy, Fenwick & West LLP, San Francisco, CA; Felix S. Lee, Fenwick & West LLP, Mountain View, CA for defendants.
Case Number: 2023-0396-SG
Breach of fiduciary duty claims failed where plaintiffs failed to allege facts demonstrating that defendants took actions that were to the company's detriment or that interfered with the board's special committee's negotiations for a self-tender.
Publication Date: 2024-02-26
Practice Area: Contracts
Industry: Consulting | Entertainment and Leisure | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Joseph L. Christensen, Christensen & Dougherty LLP, Wilmington, DE; Edward Totino, Nancy Nguyen Sims, Michael T. Boardman, Baker & McKenzie LLP, Los Angeles, CA for plaintiff.
for defendant: John M. Seaman, E. Wade Houston, Christopher Fitzpatrick Cannataro, Abrams & Bayliss LLP, Wilmington, DE; Trey Cox, Gibson, Dunn & Crutcher LLP, Dallas, TX for defendant.
Case Number: 22-363-CJB
Court granted partial dismissal of breach of contract claim where parties reached written agreement on only one set of figures for three of their projects, meaning the parties had not reached a complete written agreement.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Robinson
Attorneys: For plaintiff: Ross C. Karsnitz, Matthew R. Fogg, Keith Donovan, Morris James, LLP, Georgetown, DE for plaintiffs.
for defendant: Susan List Hauke, Tybout, Redfearn & Pell, Wilmington, DE; Paul S. Sunshine, Reger Rizzo & Darnall, LLP, Wilmington, DE for defendants.
Case Number: S23C-04-007
Property owner owed no duty or liability to motor vehicle accident victim struck by an intoxicated motorist off-premises after owner found the motorist sleeping in his parked vehicle on the property in an apparent state of intoxication and woke him.
Publication Date: 2024-01-08
Practice Area: Mergers and Acquisitions
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Ian M. Ross, Sidley Austin LLP, Miami, FL for plaintiff.
for defendant: Lisa Zwally Brown, Brian T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: N23C-03-304 EMD CCLD
Although affirmative defenses of credits for excess payments or set-off were insufficiently pled, they were enough to put plaintiff on notice that defendants were contesting the amounts due, thereby precluding judgment on the pleadings.
Publication Date: 2023-12-04
Practice Area: Patent Litigation
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 15-611-GBW
Court granted leave to supplement damages expert report where, although supplementation would cause defendants to incur additional discovery expenses, there would be no delay of trial and the report was critical to plaintiff's ability to prove damages at trial.
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