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  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2019-04-03
    Practice Area: Real Estate
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68511

    Limitations period could be tolled where plaintiffs alleged they relied upon defendants' representations to believe their property had an access easement and that their title insurance policy would protect them from defects in title, and thus any purported defects in the deed or policy documents would not be readily apparent to plaintiffs.

  • Winshall v. Viacom Int'l, Inc.

    Publication Date: 2019-03-13
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Colin R. Hagan, David J. Shlansky and David H. Holloway, Shlansky Law Group, LLP, Wilmington, DE for plaintiff.
    for defendant: Robert A. Atkins, Steven C. Herzog, Stephen P. Lamb and Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York and Wilmington, DE for defendant.
    Case Number: D68493

    All of plaintiff's breach of contract claims were barred by res judicata or the statute of limitations, except the claim for indem-nification of attorney fees.

  • Optical Air Data Sys., LLC v. L-3 Commc'ns Corp.

    Publication Date: 2019-02-06
    Practice Area: Business Torts | Contracts
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68448

    Breach by premature termination claims not dismissed where there were genuine issues of material fact as to whether plaintiff had entered agreements that precluded it from entering its agreements with defendant and had fraudulently induced defendant to enter the agreements.

  • Piper Jaffray, Inc. v. Marrone Bio Innovations, Inc.

    Publication Date: 2018-12-12
    Practice Area: Contractual Disputes
    Industry: Agriculture | Chemicals and Materials | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Eric Lopez Schnabel and Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Thomas P. Swigert and Phil Steger of Dorsey & Whitney LLP, Minneapolis, MN for plaintiff.
    for defendant: Elena C. Norman and Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Judson E. Lobdell of Morrison & Foerster LLP, San Francisco, CA for defendant.
    Case Number: D68386

    Plaintiff adequately stated a claim for breach of the parties' engagement letter involving financial services, but discovery was necessary to determine factual issues.

  • SARN Energy LLC v. Tatra Defence Vehicle A.S.

    Publication Date: 2018-11-21
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Consulting | Defense | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Oderah C. Nwaeze and Ryan E. Borneman of Duane Morris LLP, Wilmington, DE, attorneys for plaintiff.
    for defendant: Philip Trainer, Jr. and Hayley Lenahan of Ashby & Geddess, Wilmington, DE; Kenneth J. Pfaehler of Dentons US LLP, Washington, DC, attorneys for defendant.
    Case Number: D68363

    Defendant adequately alleged its breach of contract counterclaims, but it failed to state a viable claim for fraud and matters relating to alter ego liability had to be filed in another court.

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  • Patrone v. Commerce Assoc. LP

    Publication Date: 2018-11-14
    Practice Area: Discovery | Dispute Resolution | Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68355

    The court severed claims that were covered by an arbitration clause, but it denied a motion to dismiss on the remaining claims because discovery was necessary for the resolution of certain factual issues.

  • KT4 Partners, LLC v. Palantir Tech., Inc.

    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.

  • Ethica Corporate Finance S.r.L. v. Dana Inc.

    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.

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

    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.

  • Flowshare, LLC v. GeoResults, Inc.

    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.