• Matrix Parent, Inc. v. Audax Mgmt. Co., LLC

    Publication Date: 2024-07-09
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Elena C. Norman, Daniel M. Kirshenbaum, Michael A. Laukaitis, II, Young, Conaway, Stargatt, and Taylor LLP, Wilmington, DE; Michael S. Shuster, Vincent Levy, Holwell Shuster & Goldberg LLP, New York, NY for plaintiffs.
    for defendant: Kevin R. Shannon, Potter Anderson & Corroon LLP, Wilmington, DE; Kevin B. Huff, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC; Michael Kendall, White & Case LLP, Boston, MA for defendants.

    Case Number: N23C-10-212 MAA CCLD

    Court declined to dismiss fraud claims in connection with stock purchase agreement where buyer adequately pled that defendant controllers were in a position to know of the fraudulent nature of seller's financials and where the company's alleged unlawful bookkeeping practices violated representations and warranties in the SPA.

  • Active Day OH, Inc. v. Wehr

    Publication Date: 2024-07-09
    Practice Area: Business Torts
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; John F. Marsh, Jolene S. Griffith, Bailey Cavalieri LLC, Columbus, OH; Tyler J. Dunphy, Active Day OH, Inc., Trevose, PA for plaintiffs.
    for defendant: Michael D. DeBaecke, Randall J. Teti, Ashby & Geddes, P.A., Wilmington, DE for defendants.

    Case Number: N22C-08-064 SKR CCLD

    Court denied defendants' summary judgment motion on breach of non-compete agreement where plaintiffs plausibly pled breach by alleging defendants assisted plaintiffs' former employee with establishing a competing business.

  • Talkdesk, Inc. v. DM Trans, LLC

    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.

  • SU-BE, LLC v. New Castle County Dep't of Land Use

    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.

  • Dealer Serv. Corp. v. Albertson

    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.

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  • Carroll v. Bennett

    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.

  • Yangaroo Inc. v. Digital Media Serv., Inc.

    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.

  • Agyeman v. Epic-Africa Found

    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.

  • FlexWage Solutions LLC v. Ceridian HCM Holding Inc.

    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.

  • West v. Patterson-Schwartz & Assocs. Inc.

    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.