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  • Jackson v. Nocks

    Publication Date: 2018-05-09
    Practice Area: Contracts
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Tiffany M. Shrenk, Macelree Harvey, Ltd., Centerville, DE, attorneys for plaintiff
    for defendant: Seth L. Thompson, The Yeager Law Firm LLC, Wilmington, DE, attorneys for defendant.
    Case Number: D68136

    Breach of partnership or contract or promissory estoppel claims failed for lack of agreement or promise to share in costs, losses, and profits, but damages under unjust enrichment warranted where plaintiff made all expenditures on asset intended to be mutually enjoyed.

  • Goddard Sys., Inc. v. Gondal

    Publication Date: 2018-05-02
    Practice Area: Contracts | Trademarks
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Douglas E. McCann and Jeremy D. Anderson, Fish & Richardson, P.C., Wilmington, DE; Dean T. Fournaris, John M. Doroghazi, and Jacob A. Sand, Wiggin and Dana LLP, Philadelphia, PA, attorneys for plaintiff
    for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Newark, DE; Christopher P. Coval, Fenningham, Dempster & Coval, LLP, Trevose, PA, attorneys for defendants.
    Case Number: D68119

    Preliminary injunction denied where plaintiff had not proven defendants likely breach of non-compete covenants would continue or could not be fully remedied through monetary damages.

  • Goddard Sys., Inc. v. Gondal

    Publication Date: 2018-04-25
    Practice Area: Contracts | Trademarks
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Douglas E. McCann and Jeremy D. Anderson, Fish & Richardson, P.C., Wilmington, DE; Dean T. Fournaris, John M. Doroghazi, and Jacob A. Sand, Wiggin and Dana LLP, Philadelphia, PA, attorneys for plaintiff
    for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Newark, DE; Christopher P. Coval, Fenningham, Dempster & Coval, LLP, Trevose, PA, attorneys for defendants.
    Case Number: D68119

    Preliminary injunction denied where plaintiff had not proven defendants likely breach of non-compete covenants would continue or could not be fully remedied through monetary damages.

  • Pirinate Consulting Group, LLC v. ERCO Worldwide

    Publication Date: 2018-04-18
    Practice Area: Bankruptcy | Contracts
    Industry: Consulting | Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68114

    In this adversary proceeding, the bankruptcy court determined that a contract which expired by its terms prior to the plan of reorganization was not subject to assumption, but a second agreement was executory and was as-sumed under the plan.

  • Change Capital Partners Fund I, LLC v. Volt Elec. Sys., LLC

    Publication Date: 2018-04-18
    Practice Area: Civil Procedure | Contracts
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Kate Harmon, Rafael X. Zahralddin, and Shelley A. Kinsella, Elliot Greenleaf, P.C., Wilmington, DE, attorneys for plaintiff
    for defendant: Marc S. Casarino, White and Williams LLP, Wilmington, DE, attorney for defendants.
    Case Number: D68110

    Contractual choice-of-law provision upheld where proposed default states did not have connection to underlying transaction nor did they have fundamental public policy contrary to chosen states law.

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  • DecisivEdge, LLC v. VNU Grp., LLC

    Publication Date: 2018-04-04
    Practice Area: Contracts
    Industry: Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: John G. Harris and Sean A. Meluney, Berger Harris LLP, Wilmington, DE, attorneys for plaintiff
    for defendant: Beth Moskow-Schnoll, Evan W. Krick, and William J. Burton, Ballard Spahr LLP, Wilmington, DE, attorneys for defendant.
    Case Number: D68095

    Claim for early termination fee not dismissed where reasonableness of estimation of difficult-to-ascertain damages continued to be genuine issue of material fact.

  • Pavik v. George & Lynch, Inc.

    Publication Date: 2018-04-04
    Practice Area: Contracts | Motor Vehicle Torts
    Industry: Construction
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Vincent A. Bifferato, Jr. and Roger D. Landon for plaintiffs
    for defendant: Louis J. Rizzo, Jr. for defendants.
    Case Number: D68099

    Whether a contractor was negligent in failing to post temporary warning signs at a road construction site was a question for the finder of fact, and summary judgment was not proper.

  • Elenza, Inc. v. Alcon Labs. Holding Corp.

    Publication Date: 2018-04-04
    Practice Area: Contracts | Intellectual Property
    Industry: Biotechnology
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Timothy J. Simeone, Charles T. Kimmett, Walter E. Anderson, and John R. Grimm, Harris, Wilshire & Grannis LLP, Washington, DC; Andrew D. Cordo and F. Troupe Mickler IV, Ashby & Geddes, Wilmington, DE, attorneys for appellant
    for defendant: Heidi K. Hubbard, Daniel P. Shanahan, David Randall J. Riskin, Tamara A. Rubb, and Michelle L. Hood, Williams & Connolly LLP, Washington, DC; Michael P. Kelly, Daniel M. Silver, and Benjamin P. Smyth, McCarter & English LLP, Wilmington, DE, attorneys for appellees.
    Case Number: D68096

    Misappropriation of trade secrets claim properly denied where plaintiff failed to cite specific uses of its alleged trade secrets in any claimed misappropriation by defendant.

  • Cheasapeake Ins. Advisors, Inc. v. DeSola

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68032

    Fraud claim failed where claimants did not plead facts to support finding that representations were made to induce action or refraining from action, any justifiable reliance on those representation, or damage resulting from representations.

  • Richard B. Gamberg 2007 Family Trust v. United Restaurant Group, L.P.

    Publication Date: 2018-02-07
    Practice Area: Contracts | Corporate Entities
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Eric M. Andersen for plaintiff
    for defendant: Rebecca L. Butcher, Joseph D. Wright and Travis J. Ferguson for defendant Atlantic Coast Dining, Inc. and individual defendants; Frank E. Noyes and Joyce A. Kuhns for defendant United Restaurant Group, L.P.
    Case Number: D68035

    Plaintiff failed to set forth facts sufficient to support a claim for reformation of a partnership agreement.