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  • GEA Sys. N. Am. LLC v. Golden State Food Corp.

    Publication Date: 2020-06-24
    Practice Area: Contractual Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Ross, Bradley R. Aronstam and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; E. Hutchinson Robbins, Jr. and Megan B. Burnet, Miles & Stockbridge P.C., Baltimore, MD for plaintiff.
    for defendant: Patricia L. Enerio and Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Randy K. Jones and Ann-Marie Dao, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., San Diego, CA for defendant Golden State Foods Corp. Brian M. Rostocki, Benjamin Chapple and Justin M. Forcier, Reed Smith LLP, Wilmington, DE for third-party defendant Allianz Global Risks U.S. Ins. Co.
    Case Number: D69025

    In this breach of contract action, defendant adequately alleged a negligence counterclaim, but the court dismissed the remaining counterclaims.

  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2020-05-27
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68993

    Factual issues remained regarding the statute of limitations, so the court denied that aspect of defendant's motion for summary judgment.

  • Brandywood Civic Ass'n v. Cohan

    Publication Date: 2020-04-29
    Practice Area: Transportation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiffs.
    for defendant: Ann C. Cordo, Esquire, Deputy Attorney General, State of Delaware, Department of Justice, Wilmington, DE for defendants.
    Case Number: D68958

    Dismissal of declaratory judgment and mandamus action granted where funding program for DelDOT to complete road and transportation projects was a blend of legislative and executive powers and therefore did not violate separation of powers, and where plaintiffs failed to specify the relief sought through writ of mandamus.

  • Wilmington-5190 Brandywine Parkway, LLC. V. Acadia Brandywine Holdings, LLC

    Publication Date: 2020-02-26
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson and William M. Alleman, Jr., Benesch, Friedlander, Coplan & Aronoff LLP, Wilming-ton, DE; Helen Gavaris, Loeb & Loeb LLP, New York, NY for plaintiff.
    for defendant: Andrew D. Cordo, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Adam C. Silverstein and Rebecca E. Algie, Otterbourg P.C., New York, NY for defendants.
    Case Number: D68893

    Defendants' actions triggered the full recourse provisions under the loan and guaranty agreements. Plaintiff's claims were not barred by the statute of limitations.

  • BITG, LLC v. Palantir Techs., Inc.

    Publication Date: 2020-01-22
    Practice Area: Business Torts
    Industry: Investments and Investment Advisory | Software
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68847

    Limitations period tolled under discovery rule where broker did not connect its alleged injury to defendants' purported tortious conduct until defendants had to publicly disclose documents that allegedly showed defendants' efforts to block plaintiff broker out of the proposed transaction.

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  • Winshall v. Viacom Int'l Inc.

    Publication Date: 2019-11-20
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68781

    The indemnification provision in the parties' merger agreement did not apply to attorney fees in first-party claims, so the court denied plaintiff's request for an award of attorney fees and expenses.

  • Hrycak v. Pub. Storage, Inc.

    Publication Date: 2019-10-16
    Practice Area: Premises Liability
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Philip M. Finestrauss, Philip M. Finestrauss, P.A., Wilmington, DE for plaintiff.
    for defendant: David W. Giattino, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE for defendant.
    Case Number: D68735

    Premises liability case dismissed where plaintiff had executed limitation of liability contractual provision releasing defendant from liability for prospective negligence, where the provision was unambiguous, not unconscionable where plaintiff had a meaningful choice to accept, and where there was no specific public policy against contractual release of prospective negligence.

  • Green v. GEICO Gen. Ins. Co.

    Publication Date: 2019-09-11
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Richard H. Cross, Jr. and Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Paul A. Bradley and Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE, George M. Church and Laura A. Cellucci, Miles & Stockbridge P.C., Baltimore, MD, Meloney Perry, Perry Law, P.C., Dallas, TX, Wilmington, DE for defendant.
    Case Number: D68696

    Class certification granted where plaintiffs' claims that insurer illegally used computer models to deny PIP claims constituted a common contention that could be resolved through class action.

  • State v. Montgomery

    Publication Date: 2019-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Timothy Maguire, Deputy Attorney General for the state.
    for defendant:
    Case Number: D68589

    A purported statement by a juror regarding defendant's guilt was mere loose talk and did not result in a violation of defend-ant's right to a fair trial. The court promptly questioned the jurors and provided curative instructions.

  • Arch Ins. Co. v. Murdock

    Publication Date: 2019-05-22
    Practice Area: Corporate Governance | Insurance Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert J. Katzenstein and Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Ronald P. Schiller, Daniel J. Layden, and Bonnie M. Hoffman, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; Michael L. Manire and Deeanna M. Galla, Manire & Galla LLP, New York, NY; Robert P. Colon and Kevin A. Lahm, Walker Wilcox Matousek LLP, Chicago, IL; Merril Hirsh, Merril Hirsh PLLC, Washington, DC for plaintiffs.
    for defendant: Elena C. Norman and Mary F. Dugan, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Kirk A. Pasich and Pamela Woods, Pasich LLP, Los Angeles, CA; Mikaela Whitman and Jeffrey L. Schulman, Pasich LLP, New York, NY for defendants.
    Case Number: D68467

    Summary judgment in insurers' declaratory judgment action regarding coverage obligations denied in part where there was a genuine issue of material fact as to whether insurers unreasonably withheld consent to covered settlement or whether insureds breached cooperation clause by failing to respond to certain document and information requests by insurers.