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  • The Boeing Co. v. Spirit Aerosystems, Inc.

    Publication Date: 2017-12-27
    Practice Area: Contracts | Damages | Mergers and Acquisitions
    Industry: Aerospace
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: William M. Lafferty, John P. DiTomo, and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Craig S. Prims, Michael A. Glick, and Tracie L. Bryant, Kirkland & Ellis LLP, Washington, DC; Eric F. Leon, Kirkland & Ellis LLP, New York, NY, attorneys for plaintiff
    for defendant: John A. Sensing and Jesse L. Noa, Potter Anderson & Corroon LLP, Wilmington, DE; Evan R. Chesler, Darin P. McAtee, Timothy G. Cameron, and J. Wesley Earnhardt, Caravath, Swaine & Moore, LLP, New York, NY, attorneys for defendant.
    Case Number: D67982

    Defendant entitled to counsel fees after successfully asserting counterclaim, pursuant to fee-shifting provision of parties agreement, but not to interest on fees where agreement made no provision for interest.

  • Sarissa Capital Domestic Fund LP v. Innoviva, Inc.

    Publication Date: 2017-12-27
    Practice Area: Contracts | Corporate Governance
    Industry: Consulting | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Stephen E. Jenkins, Richard D. Heins, Peter H. Kyle, Martin L. Seidel and Sameer Advani for plaintiffs
    for defendant: Robert S. Saunders, Sarah Runnells Martin, Alyssa S. O'Connell and Matthew P. Majarian for defendant.
    Case Number: D67989

    Defendants agent had actual or apparent authority to bind defendant to an oral settlement agreement.

  • Protech Solutions, Inc. v. The Delaware Dept. of Health and Human Services

    Publication Date: 2017-12-27
    Practice Area: Contracts | Government
    Industry: Consulting | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: David A. Felice, Brian A. Glasser, Victor S. Woods and James L. Kauffman for petitioner
    for defendant: Lawrence W. Lewis and John H. Tyalor, III for the state; Steven L. Caponi, Steven G. Schortgen and Jennifer Klein Ayers for nominal respondent Conduent State & Local Solutions, Inc.
    Case Number: D67988

    Unsuccessful bidder for contract involving professional services to a state agency failed to demonstrate the agency acted im-properly in conducting the bidding process.

  • The Williams Co., Inc. v. Energy Transfer Equity, L.P.

    Publication Date: 2017-12-20
    Practice Area: Contracts | Mergers and Acquisitions
    Industry: Energy
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Kenneth J. Nachbar, Zi-Xiang Shen, Sandra C. Goldstein, Antony L. Ryan and Kevin J. Orsini for plaintiff
    for defendant: Rolin P. Bissell, Tammy L. Mercer, James M. Yoch, Jr., Michael C. Holmes, John C. Wander, Michael L. Charlson and Craig E. Zieminski for defendants.
    Case Number: D67980

    A company which terminated a merger based on the failure of a condition precedent was not entitled to recover a termination fee under the terms of the parties merger agreement.

  • Novipax Holdings LLC v. Sealed Air Corp.

    Publication Date: 2017-12-13
    Practice Area: Contracts | Mergers and Acquisitions
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jeffrey Moyer, Richard P. Rollo, Travis S. Hunter, Robert M. Hoffman, Michael J. Chiusano and James C. Bookhout for plain-tiff
    for defendant: Kenneth J. Nachbar, John P. DiTomo, Barnaby Grzaslewicz, Robin L. Cohen and Natasha Romagnoli for defendants.
    Case Number: D67972

    Plaintiffs in business sale transaction alleged sufficient facts regarding omissions, concealment and fraudulent representations to state a claim for fraud in the inducement.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • A. Schulman, Inc. v. Citadel Plastic Holdings, LLC

    Publication Date: 2017-11-15
    Practice Area: Business Torts | Civil Procedure | Contracts
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Paul J. Lockwood, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, attorney for plaintiff
    for defendant: David E. Ross, Eric D. Selden, and Nicholas D. Mozal, Aronstam & Moritz LLP, Wilmington, DE, attorneys for defendants.
    Case Number: D67934

    Defendants motion for stay after several defendants receipt of subpoenas in criminal investigation denied where lack of pending indictments meant that plaintiffs and the publics interest in civil action proceeding to trial outweighed remote possibility of prejudice to defendants in any future criminal proceedings.

  • Greenstar IH REP, LLC v. Tutor Perini Corp.

    Publication Date: 2017-11-15
    Practice Area: Contracts | Mergers and Acquisitions
    Industry: Construction
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Kenneth J. Nachbar, Lauren Neal Bennett, Ira Lee Sorkin and Amit Sondhi for plaintiffs
    for defendant: Brian C. Ralston, Aaron R. Sims, Kwesi Atta-Krah, Nomi L. Castle and Matthew J. Luce for defendant.
    Case Number: D67937

    The unambiguous terms of a merger agreement required the payment of earn-out consideration after pre-tax profit reports became binding.

  • Encore Preakness, Inc. v. Chestnut Health and Rehab. Grp., Inc.

    Publication Date: 2017-11-15
    Practice Area: Business Torts | Contracts | Creditors' and Debtors' Rights
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Nancy S. Rappaport and Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Brooke Madonna, Spector Gadon & Rosen, Philadelphia, PA, attorneys for defendants.
    Case Number: D67936

    Plaintiff could pursue tortious interference claim against administrative services providers to healthcare facilities plaintiff contracted with, where plaintiff alleged that service providers failure to act consistently in their agreements with the facilities interference with the facilities performance under their contracts with plaintiff.

  • Greene v. City of Delaware City Ethics Bd.

    Publication Date: 2017-10-25
    Practice Area: Contracts | Election and Political Law | Government
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Counsel: Barrett Edwards for respondent.
    for defendant:
    Case Number: D67913

    A city ethics board acted on substantial evidence where it found city council members extended preferential treatment to a party who sought to lease city property at a reduced rate which was not offered to other members of the public. Affirmed.

  • Devine v. MHC Waterford Estates, LLC

    Publication Date: 2017-10-25
    Practice Area: Contracts | Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Joseph J. Rhoades and Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Kelly E. Rowe, Reilly, Janiczek, McDevitt, Heinrich & Cholden, P.C., Wilmington, DE, attorney for defendant.
    Case Number: D67910

    Landlord of mobile home lot had common law and statutory duties to maintain premises independent of rental agreement obligations, which could support both tort and breach of contract claims.