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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.
Publication Date: 2019-02-27
Practice Area: Contracts | Dispute Resolution
Industry: Consumer Products | Distribution and Wholesale
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Robert McHale, McHale Law, Boston, MA for plaintiff.
for defendant: David A. Dorey and Craig N. Haring, Blank Rome LLP, Wilmington, DE; Jason A. Synderman, John Wixted, and Huaou Yan, Blank Rome LLP, Philadelphia, PA for defendants.
Case Number: D68471
Plaintiffs' complaint dismissed in favor of an agreement to arbitrate between the parties, where all of plaintiffs' claims arose from the parties' contract containing an enforceable arbitration clause, which was valid despite naming a non-existent arbitration forum and where defendants had not waived their right to arbitrate before another court.
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.
Publication Date: 2019-02-06
Practice Area: Contracts | Employment Litigation
Industry: Consulting | Health Care
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.
Case Number: D68452
Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.
Publication Date: 2019-01-23
Practice Area: Contracts
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
for defendant: Paul G. Enterline, Georgetown, DE for appellee.
Case Number: D68432
Trial court erroneously denied motion to amend pleadings to add quasi-contractual claims where defendant's acquiescence to introduction of evidence in support of those claims and argument on those claims in defendant's own pleadings demonstrated implied consent to trying the claims and a lack of surprise by amendment.
Law Journal Press | Digital Book
Authors: Trey Cox, Jason Dennis
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Publication Date: 2018-11-21
Practice Area: Contracts
Industry: Consumer Products | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder of Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren and David M. DeVito of Kaufman, Coren & Ress, P.C., Philadelphia, PA, attorneys for appellants
for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt of Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin of Ballard Spahr LLP, Philadelphia, PA, attorneys for appellees.
Case Number: D68358
Judgment reversed and remanded where parties concurred that if provision of alleged breaching party's operating agreement applied to the parties' sales agreement, it would render that agreement void and incapable of ratification by the parties' conduct.
Publication Date: 2018-10-31
Practice Area: Contracts | Expert Witnesses
Industry:
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: George T, Lees, III, Logan & Petrone, LLC, New Castle, DE, attorney for plaintiff
for defendant: David Baumberger, Chrissinger & Baumberger, Wilmington, DE, attorney for defendant.
Case Number: D68335
Plaintiff's expert's opinion that defendant's product was defective was stricken where the expert failed to conduct testing on defendant's actual product.
Publication Date: 2018-09-26
Practice Area: Bankruptcy | Contracts | Deals and Transactions
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Sleet
Attorneys: For plaintiff:
for defendant:
Case Number: D68299
A party was not entitled to attorney fees with regard to a motion for emergency relief, nor was it entitled to an order to compel involving executory contracts.
Publication Date: 2018-08-29
Practice Area: Contracts | Health Care Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Bruce L. Hudson for plaintiff
for defendant: John D. Balaguer and Randall S. MacTough for defendant.
Case Number: D68269
A former inmate was not entitled to pursue a breach of contract claim in addition to his medical negligence claim, because he failed to meet the criteria for a contract claim under the Medical Negligence Act.
Publication Date: 2018-08-22
Practice Area: Bankruptcy | Contracts | Trade Secrets
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68255
Motion to dismiss bankruptcy adversary complaint denied where debtor alleged affirmative post-petition act by defendants involving their continuous use of debtors' proprietary information to steal debtor's employees and customers.
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