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Publication Date: 2022-03-29
Practice Area: Contracts
Industry: Construction | Insurance | State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Allison McCowan, Sarah Fruehauf, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for plaintiffs.
for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Michael J. Follet, Naulty, Scaricamazza & McDevitt, L.L.C., Wilmington, DE; Kenneth M. Doss, Casarino Christmas Shalk Ransom & Doss, P.A., Wilmington, DE, for defendants.
Case Number: D69763
Parties' manifested intent to be bound to contract form where use of the forms was contemplated by the project proposal and one party executed the contract forms at the explicit request of the other party.
Publication Date: 2022-03-08
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Paul D. Sunshine, Reger Rizzo & Darnell, LLP, Wilmington, DE; James L.Griffith, Jr., Reger Rizzo & Darnell, LLP, Philadelphia, PA for plaintiff.
for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
Case Number: D69735
The court held that plaintiff LP was an insured under the policy entered into by the condominium council because a director of the LP was a member of the council.
Publication Date: 2022-02-08
Practice Area: Contractual Disputes
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Thomas A. Uebler, Kathleen A. Murphy, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE for plaintiffs.
for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon, Wilmington, DE for defendant.
Case Number: D69706
The court held that the absolute litigation privilege barred tort defamation claims made by plaintiff but that the privilege did not bar plaintiffs' claims for violations of nondisparagement and confidentiality clauses when defendant was allegedly in-strumental in a letter being sent to plaintiffs' lenders that disclosed damaging information about plaintiffs.
Publication Date: 2022-01-25
Practice Area: Contractual Disputes
Industry: Chemicals and Materials | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David E. Ross, Garrett B. Moritz, S. Michael Sirkin, Adam D. Gold, S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilming-ton, DE for plaintiff/counterclaim defendant.
for defendant: Patricia A. Winston, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE, Glen Silverstein, Michael J. Tiffany, Stephanie L. Gase, Daniel A. Johnson, Leader Berkon Colao & Silverstein LLP, New York, NY for defendant/counterclaim plaintiff.
Case Number: D69689
The court held that one of plaintiff's motions in limine was premature as issues of relevancy and prejudice raised by plaintiff were better resolved at trial and the other motion in limine to exclude purported expert was without basis because the witness's background clearly made him an expert in the area where he planned to testify. Opposed motions in limine denied.
Publication Date: 2022-01-11
Practice Area: Contractual Disputes
Industry: Aerospace | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: John L. Reed, Kelly L. Freund, DLA Piper LLP, Wilmington, DE; Benjamin D. Schuman, Harry P. Rudo, DLA Piper LLP, Baltimore, MD for plaintiff.
for defendant: Joelle E. Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE; Michael D. O’Mara, Joseph T. Kelleher, Stradley Ronon Stevens & Young LLP, Philadelphia, PA for defendants.
Case Number: D69673
The court held that the parties did not reach a settlement agreement as there were material terms that still had not been agreed upon and the conduct of the parties was contrary to an overt manifestation of assent.
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Publication Date: 2021-12-07
Practice Area: Insurance Law
Industry: Energy | Insurance | Transportation
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Robin L. Cohen, Alexander M. Sugzda, Cohen Ziffer Frenchman & McKenna, New York, NY; Herbert Beigel, Law Offices of Herbert Beigel, Tucson, AZ for plaintiffs.
for defendant: Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Leland H. Jones, Chiara Tondi Resta, Wiley Rein LLP, Washington, DC; John C. Phillips, Jr., David Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Michael P. Duffy, Scarlett M. Rajbanshi, Boston, MA; Erica J. Kerstein, Robinson & Cole LLP, New York, NY; Geoffrey W. Heineman, Esquire, Ropers Majeski, P.C. for defendants.
Case Number: D69632
Plaintiffs were entitled to advancement of defense costs in underlying securities class action where claims in the underlying action did not implicate either of the provisions listed in a policy endorsement that limited coverage for defense costs.
Publication Date: 2021-10-27
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D69583
The court held that because the title insurance policy did not cover consequential damages, plaintiffs would not be able to present evidence on lost wages, carrying costs, lost opportunity costs or lost earnings allegedly incurred because of survey mis-takes.
Publication Date: 2021-09-15
Practice Area: Deals and Transactions
Industry: Advertising | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Larry R. Wood, Jr., Brandon W. McCune, Blank Rome LLP, Wilmington, DE for plaintiff.
for defendant: Rudolf Kock, Travis S. Hunter, Nicole K. Pedi, Valeria A. Caras, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: D69538
Defendant adequately stated a counterclaim for breach of contract, but the court granted plaintiff's motion to dismiss the counterclaim for fraud in the inducement.
Publication Date: 2021-09-15
Practice Area: Deals and Transactions
Industry: Investments and Investment Advisory | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Kenneth J. Nachbar, Ryan D. Stottmann, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, David E. Myre, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
for defendant: A. Thompson Bayliss, E. Wade Houston, Abrams & Bayliss, LLP, Wilmington, DE; Emily L. Wasserman, Davis Graham & Stuffs LLP, Denver, CO for defendants.
Case Number: D69540
The court granted defendants' motions to dismiss because it lacked personal jurisdiction over certain nonresident defendants, another court had exclusive jurisdiction over the gross negligence claim, and plaintiffs failed to state a claim for fraudulent inducement.
Publication Date: 2021-09-08
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; Kevin B. Watson, Stephen M. Wolf, Clark Hill PLC, Philadelphia, PA for plaintiffs.
for defendant: Richard D. Abrams, Timothy H. Rohs, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant.
Case Number: D69530
Property inspection company was entitled to summary judgment because plaintiffs' claims were barred by the statute of limitations and no tolling applied.
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