• In re: Yellow Corp.

    Publication Date: 2024-11-19
    Practice Area: Bankruptcy
    Industry: Cargo and Shipping | Transportation
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-11069 (CTG)

    Pension Benefit Guaranty Corporation had statutory authority to issue regulations restricting the use of federal funds provided as special financial assistance to distressed pension plans for affecting employers' ERISA withdrawal liability.

  • TAKRAF USA, Inc. v. FMC Tech., Inc.

    Publication Date: 2024-09-10
    Practice Area: Mergers and Acquisitions
    Industry: Cargo and Shipping | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE; Chad I. Michaelson, Antoinette C. Oliver, Kate E. McCarthy, Meyer, Unkovic & Scott LLP, Pittsburgh, PA for plaintiff.
    for defendant: Samuel T. Hirzel, II, Elena M. Sassaman, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendant.

    Case Number: N24C-01-090 VLM CCLD

    Buyer plausibly alleged breach of asset purchase agreement where underlying litigation claimed that seller breached its contractual obligations to design and deliver a product, which in turn breached seller's representation that it was in compliance with its contractual obligations.

  • Zimmerman v. Int'l Longshoreman's Ass'n Local 1694

    Publication Date: 2024-07-09
    Practice Area: Labor Law
    Industry: Cargo and Shipping
    Court: U.S. District Court of Delaware
    Judge: District Judge Groves
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:22-CV-01192-JCG

    Court declined to dismiss breach of CBA and tort claims against employer where former employee adequately pled that employer did not believe employee intentionally stole from the company and subsequently took steps to frustrate employee's efforts to obtain new employment.

  • 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.

  • Osios LLC v. Tiptree, Inc.

    Publication Date: 2024-06-25
    Practice Area: Corporate Governance
    Industry: Cargo and Shipping | Insurance | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Cook
    Attorneys: For plaintiff: Andrew H. Sauder Dailey, LLP, Wilmington, DE for plaintiff.
    for defendant: Rebecca L. Butcher, Jennifer L. Cree, Howard W. Robertson IV, Landis Rath & Cobb LLP, Wilmington, DE for defendant.

    Case Number: 2023-0589-NAC

    Failure to follow written notice requirements to exercise investment option was waived where defendants acted to delay or obstruct plaintiff's efforts to exercise the option despite multiple oral notices of intent to exercise.

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  • Ferrellgas Partners L.P. v. Zurich Am. Ins. Co.

    Publication Date: 2024-06-25
    Practice Area: Insurance Law
    Industry: Cargo and Shipping | Energy | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: David J. Baldwin, Peter McGivney, Berger Harris LLP, Wilmington, DE; Brent W. Vincent, Bryan Cave Leighton Paisner LLP, Chicago, IL for appellants.
    for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Louis A. Bové, Bodell Bove, LLC, Philadelphia, PA for appellee.

    Case Number: N19C-05-275

    Trial court correctly determined that insurance policy unambiguously excluded coverage for wrongful acts that occurred after the coverage period, as the policy's run-off exclusion merely allowed claimant to file a covered claim after the policy period expired.

  • Reed v. Delaware Dep't of Natural Res. & Envtl. Control

    Publication Date: 2024-05-13
    Practice Area: Environmental Law
    Industry: Cargo and Shipping | Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Kenneth T. Kristl, Widener University Delaware Law School, Wilmington, DE for appellants.
    for defendant: Devera B. Scott, Deputy Attorney General, Delaware Department of Justice, New Castle, DE for appellee.

    Case Number: N22A-11-006 SKR

    Environmental Appeals Board erred in dismissing nearby homeowners' challenge to port construction project for lack of standing where homeowners sufficiently alleged negative impacts from air and water contamination sufficient to establish standing.

  • Guzman-Rosario v. Charlie's Waste Serv., LLC

    Publication Date: 2024-02-19
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gilbert F. Shelsby, James J. Meehan, Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Timothy J. Wilson, Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.

    Case Number: N22C-01-113 CEB

    Court granted protective order for insurance investigator's report where plaintiff failed to establish substantial need for the report or waiver based on the disclosure of photographs that were only an ancillary part of the report.

  • Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. FedEx Corp.

    Publication Date: 2023-07-31
    Practice Area: Insurance Litigation
    Industry: Cargo and Shipping | Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert Cahall, McCormick & Priore, P.C., Newark, DE; Daniel McNeel Lane, Jr., Kelly A. Potter, Norton Rose Fulbright US LLP, San Antonio, TX; Mina Matin, Lisa Schapria, Norton Rose Fulbright US LLP, New York, NY for plaintiff.
    for defendant: Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Carolyn M. Branthoover, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA; Richard M. Beck, Sally E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; James P. Ruggeri, Edward B. Parks, II, Sean T. Kelly, Ruggeri Parks Weinberg LLP, Washington, DC; Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE for defendants.

    Case Number: N22C-08-488 EMD CCLD

    Court stayed action under comity where another jurisdiction determined to proceed with parallel action despite that case being second-filed since that action had connections to the jurisdiction, and staying the present action would avoid duplicative litigation or inconsistent results.

  • Waters v. Delaware Moving & Storage, Inc.

    Publication Date: 2023-07-10
    Practice Area: Contracts
    Industry: Cargo and Shipping | Construction
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
    for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: N21C-05-130 MAA

    Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.