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Publication Date: 2023-02-21
Practice Area: Contracts
Industry: Cargo and Shipping | Construction | Energy
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Patrick J. Lamb, J’Aimee Crockett, ElevateNext Law, Chicago, IL for plaintiffs.
for defendant: F. Troupe Mickler IV, Randal J. Teti, Ashby & Geddes, P.A., Wilmington, DE; James D. Dasso, Jennifer S. Park, and Mason D. Roberts, Foley & Lardner LLP, Chicago, IL for defendant.
Case Number: N19C-10-054 EMD CCLD
Court declined to enter summary judgment on breach of contract claim where the parties' evidence created genuine issues of material fact regarding whether defendant had used reasonable best efforts to complete the project.
Publication Date: 2023-02-07
Practice Area: Contractual Disputes
Industry: Aerospace | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: 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/counterclaim plaintiffs.
for defendant: Catherine A. Gaul, Ashby & Geddes, P.A., Wilmington, DE; Shireen A. Barday, Nathan C. Strauss, Kim P. Kirschenbaum, Gibson, Dunn & Crutcher, LLP, New York, NY for counterclaim defendants.
Case Number: N20C-12-038-EMD [CCLD]
The court granted the motion to dismiss on the grounds that defendant was merely considered an "affiliate" and therefore did not qualify as a "seller" within the meaning of Section 8.2(b) of the purchase agreement.
Publication Date: 2023-01-31
Practice Area: Labor Law
Industry: Education | Non-Profit | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE: David Wechsler, Daniel Grossman, Harris St. Lauren & Wechsler LLP, New York, NY for plaintiff.
for defendant: Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Steven Suflas, Ballard Spahr LLP, Salt Lake City, UT; Joseph J. Bailey, Ballard Spahr, Philadelphia, PA for defendants.
Case Number: N22C-05-11 EMD
Court declined to dismiss breach of employment contract and wage claims as the parties had a genuine factual dispute over the basis for the termination of employee's employment contract, which could control whether employee was entitled to severance pay required by the agreement.
Publication Date: 2023-01-03
Practice Area: Labor Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
Case Number: N22M-02-006 EMD
Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.
Publication Date: 2022-12-20
Practice Area: Contracts
Industry: E-Commerce | Software
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David E. Wilks, Wilks Law, LLC, Wilmington, DE; David Leichtman, Leichtman Law PLLC, New York, NY for plaintiff.
for defendant: Matthew E. Fischer, Jonathan A. Choa, Jacqueline A. Rogers, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Vanessa Soriano Power, Stoel Rives LLP, Seattle, WA; Samantha K. Sondag, Stoel Rives LLP, Portland, OR for defendants.
Case Number: N21C-05-198 EMD CCLD
Quasi-contractual claims failed where there was no evidence that plaintiffs performed any services or conferred any benefit on defendants beyond those expressly identified in the parties' written contract.
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Publication Date: 2022-11-29
Practice Area: Legal Malpractice
Industry: Legal Services | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.
Case Number: N21C-09-081 EMD
Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.
Publication Date: 2022-11-22
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Joseph M. Kelleher, Cozen O’Connor, Philadelphia, PA for plaintiff.
for defendant: David P. Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric A. Biderman, James M. Westerlind, Julius A. Rousseau Arent Fox LLP, New York, NY for defendant.
Case Number: N20C-05-144 EMD CCLD
The court granted plaintiff estate's motion for summary judgment on the grounds that defendant corporation was not entitled to collect decedent's life insurance proceeds because under 18 Del. C. §2704, the insurance policy was void due to lack of an insurable interest.
Publication Date: 2022-11-01
Practice Area: Personal Injury
Industry: Education
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: N21C-07-045 EMD
College was not liable under theories of negligence or fraud for phishing scheme that was enacted through hacking the college's email system, where student who fell victim to the scheme failed to identify any legal duty owed by the college or any fraudulent act committed by college officials.
Publication Date: 2022-10-18
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: N17C-04-320 PPI
Medical expert testimony excluded where opinion was based on possibility rather than stated in terms of a reasonable degree of medical certainty.
Publication Date: 2022-09-27
Practice Area: Contractual Disputes
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Timothy J. Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Matthew K. Wegner, Brown Wegner LLP, Irvine, CA for plaintiffs/third-party plaintiffs.
for defendant: Patricia R. Urban., Megan Ix Brison, Pinckney Weidinger Urban & Joyce, Wilmington, DE; Jeffrey Hurt, Hurt & Berry, LLP, Dallas, TX for defendant/counterclaim plaintiff. Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Dennis D. Leone, Sunjay D. Trehan, Shankman Leone, P.A., Tampa, FL for third-party defendant.
Case Number: N19C-12-074 EMD CCLD
The court granted both parties' motions to dismiss a fraudulent inducement and breach of contract case.
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