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Publication Date: 2022-01-04
Practice Area: Contracts
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff:
for defendant:
Case Number: D69666
The court held that 1) defendant did not breach its contract with plaintiff by failing to allow plaintiff to assume control of a pre-closing tax matter, 2) plaintiff failed to plead damages, 3) allegations of breach of lease agreements were dealt with in a previous settlement agreement so could not be re-litigated, 4) plaintiff properly pled elements of breach of implied covenant of good faith but did not properly plead elements to support declaratory judgment or intentional infliction of emotional distress. Motion to dismiss granted
Publication Date: 2022-01-04
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: David J. Baldwin, Peter C. McGivney, Cheneise V. Wright, Berger Harris LLP, Wilmington, DE; Peter Gillon, Tamara Bruno, Brendan Hogan, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC for plaintiff.
for defendant: Kurt M. Heyman, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Scott B. Schreiber, William C. Perdue, Andrew T. Tutt, Arnold & Porter Kaye Scholer LLP, Washington, DC; John C. Phillips, Jr., David A. Bilson, Phillips, McLaughlin & Hall, P.A., Wilmington, DE; Geoffrey W. Heineman, Jung H. Park, John J. Iacobucci, Jr., Roperrs Majeski, PC, New York, NY; Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; Angelo G. Savino, Cozen O’Connor, New York, NY for defendants.
Case Number: D69668
Delaware had most significant relationship to action to determine coverage available under D&O policy issued to a Delaware corporation, and under Delaware law the corporation was not entitled to insurance coverage under the policy for an appraisal action.
Publication Date: 2022-01-04
Practice Area: Environmental Law
Industry: Retail | State and Local Government
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: William J. Kassab, Deputy Attorney General, Delaware Department of Justice for plaintiff.
for defendant: Bayard J. Snyder, Snyder & Associates, P.A. for defendant.
Case Number: D69669
Court lacked authority to suspend any portion of an administrative penalty order issued for violation of underground storage tank regulations, pursuant to 7 Del. C. §6005(b)(3).
Publication Date: 2021-12-28
Practice Area: Contracts
Industry: Entertainment and Leisure | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Theodore A. Kittila, James G. MacMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE; Eric M. George, Kim S. Zeldin, Browne George Ross LLP, Los Angeles CA for plaintiffs.
for defendant: Robert K. Beste, Jason Z. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Marvin S. Putnam, Jessica Stebbins Bina, R. Peter Durning, Jr., Latham & Watkins LLP, Los Angeles, CA for defendants.
Case Number: D69659
Motion of law firm to intervene to attach an attorney's lien for a judgment for unpaid legal fees denied where firm's right to attach the lien was contractually limited only to causes of actions that were the subject of the engagement agreement, and the firm sought to intervene in a completely unrelated legal action.
Publication Date: 2021-12-21
Practice Area: Mergers and Acquisitions
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for plaintiff.
for defendant: John P. DiTomo, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE, Lynn K. Neuner, Rachel S. Bradley, Simpson, Thatcher & Bartlett LLP, New York, NY for defendants.
Case Number: D69648
The court ordered plaintiff to produce emails from their privilege log, finding that the emails were not protected by attorney-client privilege.
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Publication Date: 2021-12-21
Practice Area: Contractual Disputes
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: David E. Wilks, Scott B. Czerwonka, Wilks Law, LLC, Wilmington, DE; Jordan E. Stern, William H. Newman, Becker, Glynn, Muffly, Chassin & Hosinski, LLP, New York, NY for plaintiff.
for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; David B. Anthony, Berger Harris LLP, Wilmington, DE; Beth A. Bryan, Taft Stettinius & Hollister, LLP, Cincinnati, OH for defendants.
Case Number: D69649
The court held that plaintiff's claims were not ripe or justiciable and its breach of representations claim failed to state a claim where plaintiff did not and could not plead damages.
Publication Date: 2021-12-14
Practice Area: Contracts
Industry: Health Care | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Dominick T. Gattuso, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Anthony J. O’Malley, Rajeev K. Adlakha, Karey E. Werner, Vorys, Sater, Seymour and Pease LLP, Cleveland, OH for plaintiffs
for defendant: D. McKinley Measley, Sabrina M. Hendershot, Michael J. Slobom, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Britt K. Latham, Bass Berry & Sims PLC, Nashville, TN; Shayne R. Clinton, Bass Berry & Sims PLC, Knoxville, TN for defendants
Case Number: D69642
The court held that plaintiffs properly pled claims of both breach of contract and breach of the implied covenant of good faith and fair dealing; at the pleadings stage, plaintiffs were allowed to maintain both claims. Motion to dismiss denied.
Publication Date: 2021-12-14
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Steven M. Miller, K. Tyler O’Connell, Barnaby Grzaslewicz, Morris James, Wilmington, DE; John F. Isbell, Law Offices of John F. Isbell, LCC, Atlanta, GA for plaintiffs.
for defendant: Michael A. Weidinger, Megan Brison, Pickney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Joshua Krakowsky, Davidoff Hutch-er & Citron LLP, New York, NY for defendant.
Case Number: D69641
The court held that the promissory notes at issue contained plain, unambiguous terms that did not waive the unsecured credi-tor's right to agree to any modification of the agreement such that defendant's unilateral modification of the due date of the promissory notes was invalid. Motion for judgment on the pleadings granted.
Publication Date: 2021-12-14
Practice Area: Real Estate
Industry:
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for plaintiffs.
for defendant: Steven Schwartz, Schwartz & Schwartz, P.A., Wilmington, DE for defendants.
Case Number: D69644
Court awarded court costs and partial legal fees to homebuyers who partially prevailed in suit alleging sellers failed to disclose defects in residential property.
Publication Date: 2021-12-07
Practice Area: Contracts
Industry: E-Commerce | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Carl D. Neff, Fisher Broyles, LLP, Wilmington, DE; William J. Akins, Fisher Broyles, LLP, Austin, TX for plaintiff.
for defendant: Peter J. Walsh, Jr., Clarissa R. Chenoweth-Shook, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: D69634
The court held that because plaintiff and defendant produced plausible interpretations of the term at issue, it made the contract ambiguous and not appropriate for summary judgment.
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