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Publication Date: 2020-06-03
Practice Area: Contracts
Industry: Cargo and Shipping | Transportation
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Jody C. Barillare and Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Michael D. Blanchard, Morgan, Lewis & Bockius, LLP, Hartford, CT; Julie S. Goldemberg, Morgan, Lewis & Bockius LLP, Philadelphia, PA for plaintiffs.
for defendant: Jonathan M. Stemerman, Elliott Greenleaf, P.C., Wilmington, DE; Thomas J. Elliott, Frederick P. Santarelli, Jack P. Elliott, and Colin J. O’Boyle, Elliott Greenleaf, P.C., Blue Bell, PA for defendant.
Case Number: D69000
Injunctive relief granted to preserve the status quo ante and prevent defendant from resorting to measures to force plaintiff to capitulate before a court could resolve the parties' dispute.
Publication Date: 2020-04-22
Practice Area: Contracts
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: : Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Rollin B. Chippey II and Benjamin P. Smith, Morgan, Lewis & Bockius LLP, San Francisco, CA for plaintiff.
for defendant: John P. DiTomo, Elizabeth A. Mullin, and Aubrey J. Morin, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John Ruskusky and Lisa C. Sullivan, Nixon Peabody, LLP, Chicago, IL for plaintiff-Intervenor. Gregory P. Williams, Steven J. Fineman, Nicole K. Pedi, and Angela Lam, Richards, Layton & Finger, P.A., Wilmington, DE; Martin S. Schenker and Benjamin H. Kleine, of Cooley, LLP, San Francisco, CA; Michelle S. Rhyu, Cooley, LLP, Palo Alto, CA for defendant.
Case Number: D68952
Defendant fraudulently induced plaintiff's investment into spin-out company by representing broad definition of transferred technology while knowingly limiting transfer to the spin-off and continuing to work on technology outside the narrow definition.
Publication Date: 2020-01-22
Practice Area: Contracts
Industry: Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; James F. Bennett, John D. Comerford, Dowd Bennett LLP, St. Louis, MO for plaintiff.
for defendant: Richard P. Rollo, Travis S. Hunter, Alexandra M. Ewing, Richards, Layton & Finger, P.A., Wilmington, DE; Eric B. Halper, Virginia I. Weber, McKool Smith P.C., New York, NY for defendant.
Case Number: D68846
Court lacked subject matter jurisdiction over plaintiff's contract claim where plaintiff had an adequate remedy at law in the form of monetary damages to compensate plaintiff for defendants' past breaches and in the form of a declaratory judgment establishing defendants' contractual purchase obligations.
Publication Date: 2020-01-15
Practice Area: Contracts | Damages
Industry: Energy
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Bradley R. Aronstam, S. Michael Sirkin, and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Joseph S. Allerhand, Seth Goodchild, and Tania C. Matsuoka, Weil, Gotshal & Manges LLP, New York, NY; Mark W. Friedman, William H. Taft V, Carl Micarelli, and Lisa Wang Lachowicz, Debevoise & Plimpton LLP, New York, NY for plaintiffs.
for defendant: Joseph B. Cicero and Gregory E. Stuhlman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Joseph J. LoBue and Helene Gogadze, Sheppard, Mullin, Richter & Hampton LLP, Washington, DC for defendant.
Case Number: D68838
Second arbitration enjoined to the extent it constituted collateral attack on damages award from prior arbitration between the parties, but plaintiff's claim pled but not decided in first arbitration could proceed to a determination on arbitrability.
Publication Date: 2019-10-16
Practice Area: Contracts
Industry: Software | Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: D68736
Evidence sufficient to support jury verdict of contractual breach where verdict implicitly required finding that losing party was required to fulfill obligation and that its failure to do so prevented prevailing party from fulfilling its express contractual obligation.
Law Journal Press | Digital Book
Authors: Trey Cox, Jason Dennis
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Publication Date: 2019-10-16
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: D68734
Motion to extend scheduling order deadline denied where moving party failed to demonstrate good cause because it was or should have been cognizant of likely delays in discovery when agreeing to scheduling order deadlines.
Publication Date: 2019-08-07
Practice Area: Contracts | Fee Disputes
Industry: Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees
Case Number: D68656
Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.
Publication Date: 2019-04-17
Practice Area: Contracts | Damages
Industry: Hospitality and Lodging | Insurance
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Paul D. Sunshine, Reger, Rizzo, & Darnall, LLP; Eileen M. Ford, Marks, O'Neill, O'Brien, Doherty, & Kelly, P.C., attorneys for defendants
for defendant: N/A
Case Number: D68528
Indemnification for party's own negligence was triggered under the co-defendants' agreement by plaintiff's complaint asserting similar allegations of negligence against both sets of defendants.
Publication Date: 2019-03-27
Practice Area: Contracts | Litigation
Industry: Consulting | Software
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
for defendant: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE for defendants.
Case Number: D68504
Plaintiff owed duty to preserve emails of former employees from the point defendant threatened legal action, but defendant failed to show plaintiff acted in bad faith or to deny evidence to defendant in support of an order of sanctions.
Publication Date: 2019-03-20
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE, for plaintiff.
for defendant: Theodore A. Kittila and James G, McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE, for defendant.
Case Number: D68494
Defendant's motion for summary judgment on plaintiff's breach of contract claim denied where the contract terms were ambiguous as to the trigger for payment and where the parties appeared to have differing expectations.
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