• Cantor Fitzgerald, L.P. v. Ainslie

    Publication Date: 2024-02-12
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. C. Speed, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Virginia J. Cardenas, Sid Nadkarni, Cantor Fitzgerald, New York, NY; Benjamin R. Nagin, Eric G. Hoffman, Sidley Austin LLP, New York, NY; Tacy F. Flint, Frank J. Favia, Jr., Sidley Austin LLP, Chicago, IL for appellant.
    for defendant: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Kyle W. Roche, Kyle Roche P.A., New York, NY; Velvel Freedman, Alex Potter, Freedman Normand Friedland LLP, New York, NY for appellees.

    Case Number: 162, 2023

    A "forfeiture-for-competition" provision in a partnership agreement did not qualify as a restraint on trade, and thus partners who had negotiated and benefitted from such a term would be held to the terms of their agreement due to the Delaware Revised Uniform Limited Partnership Act's express favor for the enforceability of contracts.

  • The Loan Servs. Inc. v. NEWITY LLC

    Publication Date: 2023-10-09
    Practice Area: Contracts
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Joseph B. Cicero, Gregory E. Stuhlman, Thomas A. Youngman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Casey B. Howard, Jeffery S. Kramer, Locke Lord LLP., New York, NY for plaintiffs.
    for defendant: Patricia L. Enerio, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Michael R. Tein, Gaye L. Huxoll, Tein Malone PLLC, Coconut Grove, FL for defendants.

    Case Number: 22-cv-01255-GBW

    Dismissal of breach of contract claim denied where plaintiffs alleged sufficient facts to support inference that defendant was the mere continuance or assignee of plaintiffs' contractual counterparty.

  • Sorrento Therapeutics, Inc. v. Mack

    Publication Date: 2023-09-18
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jamie L. Wine, Steven N. Feldman, Latham & Watkins LLP, New York, NY; Matthew W. Walch, Russell Mangas, Latham & Watkins LLP, Chicago, IL for plaintiffs.
    for defendant: Elizabeth A. Sloan, Brittany M. Giusini, Fred DeRitis, Ballard Spahr LLP, Wilmington, DE; Paul Lantieri III, Ballard Spahr LLP, Philadelphia, PA; Stephen B. Brauerman, Justin C. Barrett, Bayard, P.A., Wilmington, DE for defendants.

    Case Number: 2021-0210-PAF

    Company president was liable for breaching his non-compete and fiduciary duties where the evidence supported finding that he diverted business opportunities to a competing company he founded.

  • AbbVie Endocrine Inc. v. Takeda Pharm. Co. Ltd.

    Publication Date: 2023-09-18
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: A. Thompson Bayliss, Eric A. Veres, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; Paul J. Loh, Jason H. Wilson, Eileen M. Ahern, Amelia L.B. Sargent, Peter Shimamoto, Ashley L. Kirk, Kenneth M. Trujillo-Jamison, Breeanna N. Brewer, Caitlin F. Lynch, Willenken LLP, Los Angeles, CA for plaintiff.
    for defendant: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; Fred A. Kelly, Jr., Joshua S. Barlow, Tiffany Jang, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; Mark Basanta, Aakruti G. Vakharia, Haug Partners LLP, New York, NY; Christopher Gosselin, Haug Partners LLP, Washington, D.C. for defendant.

    Case Number: 2020-0953-SG

    Plaintiff's damages methodology was found mostly reliable, as the court rejected defendant's assertion that plaintiff could have mitigated its damages since the evidence showed that defendant would not have cooperated with those mitigation efforts or the success of those efforts was speculative at best.

  • Envolve Pharmacy Solutions, Inc. v. Rite Aid Hdqtrs. Corp

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Insurance | Pharmaceuticals | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallace
    Attorneys: For plaintiff: Karen Jacobs, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Keith J. Harrison, Christopher Flynn, Daniel W. Wolff, Jerome P. DeSanto, Jed Wulfekotte, Cromwell & Moring, LLP, Washington, DC for plaintiffs.
    for defendant: Corrine Elise Amato, Eric J. Juray, Jason W. Rigby, Prickett, Jones & Elliot, P.A., Wilmington, DE; Neil K. Gilman, Christopher J. Dufek, Brianne Reese, Hunton Andrews Kurth LLP, Washington DC; John B. Shely, Courtney B. Glaser, Kesley J. Hope, Hunton Andrews Kurth LLP, Houston, TX for defendants.

    Case Number: N19C-12-214 PRW CCLD

    Court denied plaintiffs' motion for JNOV/new trial where there were sufficient facts to support the jury's verdict finding in favor of defendants' affirmative defenses of the statute of limitations and voluntary payment.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.

    Case Number: N21C-12-039

    Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.

  • Data Logger Solutions, LLC v. Digi Smartsense, LLC

    Publication Date: 2023-09-04
    Practice Area: Contracts
    Industry: Manufacturing | Retail | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Krista M. Reale, Margolis Edelstein, Wilmington, DE; Herbert W. Mondros, Rigrodsky Law, P.A. Wilmington, DE for plaintiff.
    for defendant: K. Tyler O’Connell, Barnaby Grzaslewicz, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Eric C. Liebeler, Kevin Kitchen, Connor Shaull, Stinson LLP, Minneapolis, MN for defendants.

    Case Number: N20C-10-121-EMD

    Concluding that the facts alleged for the breach of contract claim in the original complaint were similar to those pled in the claim for tortious interference in the amended complaint, the court denied defendant's motion to dismiss finding that defendant was provided sufficient notice of the tortious interference claim to relate back to the original complaint.

  • Frontline Tech. Parent, LLC v. Murphy

    Publication Date: 2023-09-04
    Practice Area: Contracts
    Industry: Education | Software | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Laurence C. Cronin, Kelly A. Green, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; William J. Leahy, Tanner McCarron, Littler Mendelson, P.C., Philadelphia, PA for plaintiffs.
    for defendant: Richard P. Rollo, Travis S. Hunter, Tyler E. Cragg, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.

    Case Number: 2023-0546-LWW

    Former employees did not breach non-compete agreements where the agreements specifically defined competition as in the business lines of the employer's parent company rather than the employer that the employees worked for.

  • Steward Health Care Sys. LLC v. Tenet Bus. Serv. Corp.

    Publication Date: 2023-09-04
    Practice Area: Contracts
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael A. Barlow, Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Anthony Bongiorno, Jessica Reese, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA; Rollo C. Baker IV, Eric White, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
    for defendant: Lewis H. Lazarus, K. Tyler O’Connell, Albert J. Carroll, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE; Timothy W. Knapp, Brendan E. Ryan, Kent J. Hayden, Kirkland & Ellis LLP, Chicago, IL for defendants.

    Case Number: 2022-0289-SG

    Finding that that the asset purchase agreement executed by the parties had created a scheme for prorating Medicaid reimbursement distribution payments relating to the year in which closing on the hospitals occurred consistent with defendants' construction of the agreement, the court granted partial summary judgment to defendants.

  • Beautycon Media ABC Trust v. New General Market Partners, LLC

    Publication Date: 2023-08-28
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
    for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.

    Case Number: N22C-12-143 MAA CCLD

    Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within