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  • 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.

  • Aranda v. Philip Morris USA Inc.

    Publication Date: 2018-04-04
    Practice Area: Civil Procedure | Personal Injury
    Industry: Agriculture
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ian Connor Bifferato, Richard S. Gebelein, and Thomas F. Driscoll, The Bifferato Firm, Wilmington, DE; Charles S. Siegel, Waters & Kraus, LLP, Dallas, TX; Stephen J. Phillips, Phillips & Paolicelli, New York, NY; the Thorton Law Firm, Boston, MA, attorneys for appellants
    for defendant: P. Clarkson Collins, Jr. and David J. Soldo, Morris James LLP, Wilmington, DE; Patrick W. Dennis and Perlette Michele Jura, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Miguel A. Estrada and Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, DC; Donald E. Reid, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Matthew S. Hellman, Jenner & Block LLP, Washington, DC; Elizabeth A. Coleman and Casey T. Grabenstein, Jenner & Block LLP, Chicago, IL, attorneys for appellees.
    Case Number: D68094

    Availability of alternative forum not a condition of dismissal on forum non conveniens grounds, as analysis focused solely on defendants hardship in litigating in Delaware.

  • Upshur v. Hospedale

    Publication Date: 2018-01-31
    Practice Area: Civil Procedure | Contractual Disputes
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68028

    The court lacked subject matter jurisdiction where the complaint did not allege sufficient facts to support ei-ther federal question or diversity jurisdiction.

  • Delaware Bldg. Supply, Inc. v. Integrity Builders, Inc.

    Publication Date: 2018-01-24
    Practice Area: Civil Procedure | Contracts
    Industry: Construction | Distribution and Wholesale
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Patrick Scanlon and Darlene Wyatt Blythe, Law Office of Patrick Scanlon, P.A., Milford, DE, attorneys for plaintiff
    for defendant: Peter K. Schaeffer, Avenue Law, Dover, DE, attorney for defendants.
    Case Number: D68015

    Summary judgment denied where guaranty upon which plaintiffs claim was based was illegible, and where discovery had revealed facts permitting defendant to assert novation defense.

  • Newsome v. Lawson

    Publication Date: 2018-01-17
    Practice Area: Civil Procedure | Discovery
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Laura Davis Jones, James E. O'Neill, Ali M.M. Mojdehi and Janet Dean Gertz for plaintiff
    for defendant: James W. Semple, Paula J. Quillin and Joseph R. Farris for defendants.
    Case Number: D68011

    Attorneys who formerly engaged in joint representation were not allowed to withhold documents based on a non-party joint clients objection to disclosure, and the attorney-client privilege did not apply to communications relevant to the matter of common interest for which they were retained as joint attorneys.

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  • Troisio v. Erickson

    Publication Date: 2018-01-17
    Practice Area: Bankruptcy | Civil Procedure
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Sleet
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68013

    The plain language of 28 U.S.C. §1631 unambiguously excluded bankruptcy courts from having the power to transfer a proceeding to another court, and legislative history indicated that the exclusion was purposeful and not an oversight.

  • Standard General L.P. v. Charney

    Publication Date: 2018-01-03
    Practice Area: Civil Procedure | Contracts
    Industry: Consumer Products
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Raymond J. DiCamillo, Matthew D. Perri, Shannon Rose Selden, Derek Wikstrom and Justin Horton for plaintiffs
    for defendant: Mark M. Billion for defendant.
    Case Number: D67997

    Defendant could not have reasonably relied on oral promises which allegedly induced him to sign a series of agreements, be-cause the express terms of the agreements contradicted the alleged oral representations.

  • The Crest Condo. Assn v. Royal Plus, Inc.

    Publication Date: 2017-12-27
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: William J. Rhodunda and Nicholas G. Kondraschow, Rhodunda & Williams, Wilmington, DE, attorneys for plaintiff
    for defendant: Nichols H. Rodriguez and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE; Wade A. Adams II, Chrissinger & Baumberger, Wilmington, DE; Thomas P. Leff, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE, attorneys for defendants.
    Case Number: D67984

    Summary judgment deferred where plaintiffs evidence created genuine issues of material fact as to the applicability of the doctrines of inherently unknowable injuries and fraudulent concealment to toll the limitations period and render plaintiffs complaint timely.

  • Francis v. Atlantic Law Firm

    Publication Date: 2017-12-20
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Denilia Francis, pro se plaintiff
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE, attorney for defendant.
    Case Number: D67976

    Plaintiffs claims dismissed on removal where identical to prior state court action dismissed for frivolousness, and where claims implicated the Younger abstention doctrine.

  • Sands v. Union Pacific R.R.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Toxic Torts
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eileen M. McGivney for plaintiffs
    for defendant: Maria R. Granaudo Gesty, Anne Marie O'Brien and Daniel J. Hassing for defendant.
    Case Number: D67961

    Employer failed to state particularized reasons to demonstrate overwhelming hardship in support of its motions to dismiss two toxic tort claims on the basis of forum non conveniens.