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Publication Date: 2018-09-05
Practice Area: Business Torts | Securities Litigation
Industry: Brokerage | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Bartholomew J. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Barry S. Simon, Jonathan B. Pitt and Stephen L. Wohlgemuth for plaintiffs
for defendant: Blake Rohrbacher, Kelly E. Farnan, Kevin Gallagher, Kelly L. Freund, Richards, Layton & Finger, P.A., Wilmington, DE; Kevin Orsini, Rory A. Leraris, Cravath, Swaine & Moore LLP, NY, NY for defendant Palantir Tech., Inc.; Elena C. Norman, Lakshmi A. Muthu, Ashley A. Davoli, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; C. Andrew Kitchen, Nicholas J. Boos, Alexandra Drury, Maynard Cooper & Gale LLP, San Francisco, CA, for defendant Disruptive Tech. Advisors, LLC.
Case Number: D68276
Plaintiffs adequately stated claims for tortious interference with a prospective economic advantage and civil conspiracy under either Delaware or California law.
Publication Date: 2018-08-29
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Automotive
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jon E. Abramczyk, Barnaby Grzaslewicz, Robert L. Sills and Emmanuel B. Fua for plaintiff
for defendant: Daniel B. Rath, James S. Green, Jr., and Jennifer L. Cree for defendant.
Case Number: D68265
In this case action involving financial advisory services provided in another country, defendant failed to demonstrate overwhelming hardship sufficient to warrant dismissal based on forum non conveniens.
Publication Date: 2018-08-15
Practice Area: Creditors' and Debtors' Rights
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson, William M. Alleman, Jr and Helen Gavaris for plaintiff
for defendant: Philip Trainer, Jr., Andrew D. Cordo, Adam C. Silverstein and Meaghan Millan for defendants.
Case Number: D68253
A creditor alleged facts supporting a claim for recourse liability, but resolution of the matter depended upon discovery and further development of the record.
Publication Date: 2018-08-08
Practice Area: Contracts
Industry: Consulting
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; John E. Petite and John C. Dranke, Greensfelder, Hemker and Gale P.C., St. Louis, MO, attorneys for plaintiffs
for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE; Stephen P. Fuller, CKR LAW, LLP, Johns Creek, GA, attorneys for defendants.
Case Number: D68239
Fraud claim survived motion to dismiss where contractual integration clause missing explicit anti-reliance on representations provision failed to bar such claim arising from promises made during contract negotiations that induced party to execute agreement.
Publication Date: 2018-07-04
Practice Area: Contracts | Environmental Law | Mergers and Acquisitions
Industry: Chemicals and Materials
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Michael R. Griffinger, William S. Hatfield, and Camille V. Otero, Gibbons P.C., Newark, NJ, attorneys for plaintiffs
for defendant: Kevin G. Abrams, John M. Seaman, and April M. Ferraro, Abrams & Bayliss LLP, Wilmington, DE; Andrew J. Rossman, Jonathan B. Oblak, and Sylvia E. Simson, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, attorneys for defendants.
Case Number: D68198
Motion to dismiss fraud claims denied where supported by allegations relating back to transaction pled in original complaint.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2018-06-20
Practice Area: Motor Vehicle Torts
Industry:
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D68184
NIED claim arising from fatal vehicle-pedestrian accident immediately following plaintiff's own motor vehicle accident failed where motorists owed no duty not to strike pedestrians in view of others and where plaintiff did not witness impact and had no personal relationship with pedestrian.
Publication Date: 2018-06-13
Practice Area: Contracts | Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D68178
Plaintiff could seek to recover under the uninsured motorist provision of an insurance policy for injuries she sustained from gunshot wounds inflicted while she was driving, but the complaint did not adequately allege that the other vehicle was uninsured.
Publication Date: 2018-05-30
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D68161
An insurance company was not entitled to rely on the savings clause to permit a late-filed appeal of an arbitra-tion decision.
Publication Date: 2018-05-16
Practice Area: Insurance Law
Industry: Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Kenneth H. Frenchman and Denise N. Yasinow for plaintiff
for defendant: Seth Niederman and Joseph Collins for defendant.
Case Number: D68149
An insurer was not entitled to avoid its duty to defend based on a policy exclusion regarding trade secrets, because at least one claim in the underlying litigation did not involve trade secrets.
Publication Date: 2018-05-09
Practice Area: Class Actions | Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Richard H. Cross, Jr., Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE, attorneys for plaintiffs
for defendant: Paul A. Bradley, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; George M. Church, Miles & Stockbridge, PC, Baltimore, MD; Meloney Perry, Perry Law, PC, Dallas, TX, attorneys for defendant.
Case Number: D68135
Motion to dismiss putative class action denied where court could not definitively determine that plaintiffs could not establish damage calculation method that would predominate over proposed class.
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