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  • St. Philip's Evangelical Lutheran Church of Wilmington, Delaware v. Delmarva Power & Light Co.

    Publication Date: 2018-08-15
    Practice Area: Civil Procedure | Contracts
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: David G. Culley for plaintiff
    for defendant: Vicki L. Shoemaker for defendant.
    Case Number: D68252

    In this case involving the relocation of underground utility cables, plaintiff's negligence claim was filed within the relevant limitations period, but the court rejected the trespass and fraud claims.

  • 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.

  • McCarthy v. Fifer

    Publication Date: 2018-08-01
    Practice Area: Contracts | Legal Malpractice
    Industry: Investments and Investment Advisory | Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68235

    The court denied motions for judgment on the pleadings with regard to two legal malpractice claims involving the improper titling of investment properties, because the complaint adequately alleged matters relating to standing and damages.

  • Bellmoff v. Integra Servs. Techs., Inc.

    Publication Date: 2018-07-04
    Practice Area: Contracts | Fee Disputes
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Todd C. Schlitz and Stephen S. Herst, Drinker Biddle & Reath LLP, Wilmington, DE, attorneys for plaintiffs
    for defendant: Garvan F. McDaniel, Hogan McDaniel, Wilmington, DE; Ronald R. Rossi, Kasowitz Benson Torres LLP, New York, NY, attorneys for defendant.
    Case Number: D68199

    Court could not compare parties' legal bills in determining reasonableness of prevailing party's request for attorney's fees, but instead determined whether services rendered were reasonable and prudent in the professional good faith judgment of counsel.

  • Ashland LLC v. The Samuel J. Heyman 1981 Continuing Trust for Lazarus S. Heyman

    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.

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  • Alarm.com Holdings, Inc. v. ABS Capital Partners, Inc.

    Publication Date: 2018-06-27
    Practice Area: Contracts | Intellectual Property
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, and Alan R. Silverstein, Potter Anderson & Corroon LLP, Wilmington, DE, attorneys for plaintiff
    for defendant: Raymond J. DiCamillo, Chad M. Shandler, Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Steven F. Barley, Andrea W. Trento, Hogan Lovells US LLP, Baltimore, MD, attorneys for defendants.
    Case Number: D68190

    Misappropriation claim failed where only circumstantial evidence involved defendant's investment in competing business, an act it was permitted to do under the parties' agreements.

  • Edinburgh Holdings, Inc. v. Educ. Affiliates, Inc.

    Publication Date: 2018-06-20
    Practice Area: Contracts | Mergers and Acquisitions
    Industry: Education
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Ryan P. Newell and Kyle Evans Gay, Connolly Gallagher LLP, Wilmington, DE; Lee M. Whitman and Samuel A. Slater, Wyrick Robbins Yates & Ponton LLP, Raleigh, NC, attorneys for plaintiff
    for defendant: Douglas D. Herrmann and Christopher B. Chuff, Pepper Hamilton LLP, Wilmington, DE, attorneys for defendants.
    Case Number: D68183

    Breach of implied covenant of good faith and fair dealing, fraudulent inducement, and breach of fiduciary duty claims dismissed as improperly duplicative of breach of contract claim where alleged implied covenants, fiduciary duties, and fraudulent inducement solely involved opposing party's contractual obligations.

  • WNYH, LLC v. AccuMED Corp.

    Publication Date: 2018-06-13
    Practice Area: Contracts | Deals and Transactions
    Industry: Biotechnology
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Kevin G. Abrams, Matthew L. Miller, Christopher R. Rodi and Brian J. Capitummino for plaintiff
    for defendant: Gregory v. Varallo and Susan M. Hannigan for defendants.
    Case Number: D68181

    The parties to a sale agreement did not condition the transaction on tax-free status, so the seller did not have a breach of contract claim against the buyer, but the court refused to dismiss a claim relating to an escrow ac-count, because the parties' escrow settlement agreement was ambiguous.

  • Negron v. Geico Secure Ins. Co.

    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.

  • Black Diamond Hope House, Inc. v. U & I Invs., LLC

    Publication Date: 2018-06-06
    Practice Area: Civil Procedure | Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert, Scali, Busenkell & Brown, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE; Paul Cottrell and Patrick McGrory, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.
    Case Number: D68167

    Claims arising from construction defects barred by statute of limitations where parties' contract defined accrual date as date of substantial completion of project and barred application of the discovery rule.