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Publication Date: 2024-08-20
Practice Area: Contracts
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2967
District court erred in calculating length of injunction on competitive activity where parties' agreement allowed extension of non-compete provision equal to duration of breach but district court found defendants' first breach inconsequential.
Publication Date: 2024-08-13
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiffs.
for defendant: Henry E. Gallagher, Jr., Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 2023-1280-MTZ
Court declined to enforce arbitration provision against nonsignatory plaintiffs where their complaint did not seek to enforce the terms of the contract containing the arbitration clause.
Publication Date: 2024-07-30
Practice Area: Contracts
Industry: Transportation
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: John A. Sensing, Tyler E. Cragg, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
for defendant: Steven J. Fineman, Travis S. Hunter, Alexandra M. Ewing, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2024-0471-SG
Court denied temporary restraining order to enforce non-compete after it found the agreement's scope overly-broad by territory and competition such that it was not essential to protect employer's legitimate business interests.
Publication Date: 2024-07-30
Practice Area: Contracts
Industry: Investments and Investment Advisory | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Travis S. Hunter, Alexandra M. Ewing, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
for defendant: Douglas D. Herrmann, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; R. Thomas Avery, Stephen M. Hoeplinger, Capes, Sokol, Goodman & Sarachan, P.C., St. Louis, MO for defendants.
Case Number: N23C-10-136 EMD CCLD
LLC member's capital contributions were not "losses" under the parties' guaranty as treating them as losses would effectively force the other members to make capital contributions for which the first member would receive a greater ownership stake.
Publication Date: 2024-07-30
Practice Area: Contracts
Industry: Chemicals and Materials | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Stephen B. Brauerman, Emily L. Skaug, Bayard, P.A., Wilmington, DE for plaintiff.
for defendant: Joelle E. Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE; Patrick K. Kingsley, Stradley Ronon Stevens & Young, LLP, Philadelphia, PA for defendant.
Case Number: N23C-08-096 EMD CCLD
Express terms of parties' supply agreement released supplier from having to honor rates under the agreement after its termination, and the agreement merely allowed purchaser to apply credits it had earned to future contracts negotiated between the parties.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-07-23
Practice Area: Contracts
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Benjamin N. Gluck, Oliver Rocos, Barr Benyamin, Bird Marella LLP, Los Angeles, CA for plaintiff.
for defendant: Alexandra M. Cummings, Sara Carnahan, Morris, Nichols, Arsht & Tunnel LLP, Wilmington, DE; Scott C. Solberg, Gregory M. Schweizer, Caroline P. Malone, Eimer Stahl LLP, Chicago, IL for defendants.
Case Number: N24C-01-006 PRW CCLD
Court allowed plaintiff to pursue breach of contract and implied covenant claims alternatively where there were factual disputes over whether defendant had retracted its repudiation and which remedy plaintiff elected in response to defendant's actions.
Publication Date: 2024-07-02
Practice Area: Contracts
Industry: Call Centers | Cargo and Shipping | E-Commerce | Software
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Matthew J. Jacobs, Jessica S. Heim, Emily Margolis, DLA Piper LLP, San Francisco, CA for plaintiff.
for defendant: Rudolf Koch, Elizabeth J. Freud, Nicholas F. Mastria, Richards, Layton & Finger P.A., Wilmington, DE; Michael T. Jones, Ashley V. Hart, Holland & Knight LLP, Boston, MA for defendant.
Case Number: N23C-08-005 MAA CCLD
Court declined to dismiss breach of contract claims where defendant adequately alleged that plaintiff's services failed to achieve the bargained-for availability, with disputes over the calculation of availability requiring further discovery.
Publication Date: 2024-06-11
Practice Area: Contracts
Industry: Consulting | Energy
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Steven T. Margolin, Lisa M. Zwally, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig, LLP, New York, NY for appellants.
for defendant: John L. Reed, Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Benjamin D. Schuman, DLA Piper LLP, Baltimore, MD for appellee.
Case Number: N15C-08-109
Trial court erred in categorically excluding prejudgment interest from the post-judgment interest calculation where prejudgment interest was a component of the judgment.
Publication Date: 2024-06-03
Practice Area: Contracts
Industry: Biotechnology | Distribution and Wholesale
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Ethan H. Townsend, Daniel T. Menken, Ryan D. Konstanzer, McDermott Will & Emery LLP, Wilmington, DE for plaintiff.
for defendant: Kelly A. Green, Jason Z. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE for defendant.
Case Number: 2023-1189-NAC
Court denied reargument on cross-motions for injunctive relief where movant advanced implausible interpretation of the parties' contract and where the court reasonably declined to impose the implied covenant of good faith in exercising contractual discretion between sophisticated parties.
Publication Date: 2024-05-27
Practice Area: Contracts
Industry: Financial Services and Banking | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David A. Jenkins, Julie M. O’Dell, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Jonathan K. Waldrop, Marcus Barber, Kasowitz Benson Torres LLP, Redwood Shores, CA; Carolina Diaz-Martinez, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
for defendant: John A. Sensing, P. Andrew Smith, Potter Anderson & Corroon LLP, Wilmington, DE; Bambo Obaro, Weil, Gotshal & Manges LLP, Redwood Shores, CA; David J. Lender, Weil, Gotshal & Manges LLP, New York, NY for defendants.
Case Number: N23C-04-086 EMD CCLD
Misappropriation claims were untimely where announcement of competing program was sufficient to put plaintiff on notice of potential misappropriation.
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