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Publication Date: 2021-12-07
Practice Area: Contracts
Industry: E-Commerce | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Carl D. Neff, Fisher Broyles, LLP, Wilmington, DE; William J. Akins, Fisher Broyles, LLP, Austin, TX for plaintiff.
for defendant: Peter J. Walsh, Jr., Clarissa R. Chenoweth-Shook, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: D69634
The court held that because plaintiff and defendant produced plausible interpretations of the term at issue, it made the contract ambiguous and not appropriate for summary judgment.
Publication Date: 2021-11-30
Practice Area: Contracts
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: A. Thompson Bayliss, J. Peter Shindel, Jr., Daniel G. Paterno, Eric A. Veres, Samuel D. Cordle, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
for defendant: Srinivas M. Raju, Blake Rohrbacher, Matthew D. Perri, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Rolin P. Bissell, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Stephen P. Lamb, Andrew G. Gordon, Harris Fischman, Robert N. Kravitz, Carter E. Greenbaum, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Lawrence Portnoy, Charles S. Duggan, Gina Cora, Davis Polk & Wardwell LLP, New York, NY, for defendants.
Case Number: D69622
The court held that the General Partner breached the partnership agreement by exercising the call right without first satisfy-ing the Opinion Condition or the Acceptability Condition.
Publication Date: 2021-11-30
Practice Area: Contracts
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: D69628
Suit to vacate arbitration award under FAA dismissed where plaintiffs failed to timely serve process or effect service via U.S. Marshal as required by the FAA.
Publication Date: 2021-11-16
Practice Area: Contracts
Industry: Financial Services and Banking | Consulting | Software
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE; David A. Battaglia, Gibson, Dunn & Crutcher LLP, Los Angeles, CA for plaintiff.
for defendant: Jeffrey L. Moyer, Travis S. Hunter, Nicole K. Pedi, Richards Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: D69608
The court held that plaintiff failed to show that defendant engaged in contemptuous conduct constituting a violation of a previously issued court order under the preponderance of the evidence standard for contempt claims.
Publication Date: 2021-11-09
Practice Area: Contracts
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Legrow
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Alexandra M. Ewing, Richards, Layton, & Finger, P.A., Wilmington, DE; Eric B. Halper, N. Cyris Bayar, McKool Smith P.C., New York, NY for plaintiffs.
for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, Morris, Nichols, Arsht, & Tunnell LLP, Wilmington, DE; James F. Bennett, John D. Comerford, Down Bennett LLP, St. Louis, MO for defendant.
Case Number: D69602
The court held that the terms of the agreement between the parties was unambiguous such that plaintiff could not impose a new interpretation.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2021-11-09
Practice Area: Contracts
Industry: Advertising | Manufacturing
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Nancy Hammer, pro se appellant.
for defendant: R. Eric Hacker, Morris James LLP, Wilmington, DE for appellees.
Case Number: D69600
The court held that plaintiff was barred from suing defendant, her former employer, a second time for unpaid sales commissions because res judicata applied where the parties in the first and second suit were in privity with each other and the cause of action in each suit arose out of the same transaction, i.e., payment of post-termination commissions according to the contractual agreements.
Publication Date: 2021-11-02
Practice Area: Contracts
Industry: Electronics | Manufacturing | Software
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates, LLP, Wilmington, DE; Michael S. Nelson, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA for plaintiffs.
for defendant: Jason A. Cincilla, Howard P. Goldberg, Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE; Stephen E. Baskin, Peter Schmidt, King & Spalding LLP, Washington, DC for defendants.
Case Number: D69592
Proposed amendment of declaratory judgment claim was futile where it sought declaration of rights and obligations that would be resolved by an existing breach of contract claim, or sought legal declarations to which defendant had already conceded.
Publication Date: 2021-11-02
Practice Area: Contracts
Industry: Insurance | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; John E. Howell, Wiley Rein LLP, Washington, DC; Ronald P. Schiller, Bonnie M. Hoffman, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for plaintiffs.
for defendant: Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; James R. Murray, Kyle P. Brinkman, Blank Rome LLP, Washington, DC; Jared Zola, Blank Rome LLP, New York, NY for defendant.
Case Number: D69595
The court held that the most recent contract between the excess insurers and policyholder superseded the excess insurance policy such that the waiting period in the most recent agreement would control when a party could file post-mediation declara-tory judgment action.
Publication Date: 2021-10-20
Practice Area: Contracts
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Carmella P. Keener, Cooch & Taylor, P.A., Wilmington, DE; Steven I. Adler, Brian M. Block, Mandelbaum Salsburg, P.C., Roseland, NJ for plaintiff.
for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith, LLP, Wilmington, DE; Andrew Gendron, Lewis Brisbois Bisgaard & Smith, LLP, Baltimore, MD for defendants.
Case Number: D69577
The court found that plaintiff failed to state claims for either breach of contract or fraud.
Publication Date: 2021-10-13
Practice Area: Contracts
Industry: Consulting | E-Commerce | Software
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: D69568
Parties had a time and materials contract that required purchaser to pay prior to completion of the project where the contract had an open ended term and referenced hourly rates rather than a fixed price.
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