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  • Delaware Bldg. Supply, Inc. v. Integrity Builders, Inc.

    Publication Date: 2018-01-24
    Practice Area: Civil Procedure | Contracts
    Industry: Construction | Distribution and Wholesale
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Patrick Scanlon and Darlene Wyatt Blythe, Law Office of Patrick Scanlon, P.A., Milford, DE, attorneys for plaintiff
    for defendant: Peter K. Schaeffer, Avenue Law, Dover, DE, attorney for defendants.
    Case Number: D68015

    Summary judgment denied where guaranty upon which plaintiffs claim was based was illegible, and where discovery had revealed facts permitting defendant to assert novation defense.

  • Newsome v. Lawson

    Publication Date: 2018-01-17
    Practice Area: Civil Procedure | Discovery
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Laura Davis Jones, James E. O'Neill, Ali M.M. Mojdehi and Janet Dean Gertz for plaintiff
    for defendant: James W. Semple, Paula J. Quillin and Joseph R. Farris for defendants.
    Case Number: D68011

    Attorneys who formerly engaged in joint representation were not allowed to withhold documents based on a non-party joint clients objection to disclosure, and the attorney-client privilege did not apply to communications relevant to the matter of common interest for which they were retained as joint attorneys.

  • Standard General L.P. v. Charney

    Publication Date: 2018-01-03
    Practice Area: Civil Procedure | Contracts
    Industry: Consumer Products
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Raymond J. DiCamillo, Matthew D. Perri, Shannon Rose Selden, Derek Wikstrom and Justin Horton for plaintiffs
    for defendant: Mark M. Billion for defendant.
    Case Number: D67997

    Defendant could not have reasonably relied on oral promises which allegedly induced him to sign a series of agreements, be-cause the express terms of the agreements contradicted the alleged oral representations.

  • The Crest Condo. Assn v. Royal Plus, Inc.

    Publication Date: 2017-12-27
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: William J. Rhodunda and Nicholas G. Kondraschow, Rhodunda & Williams, Wilmington, DE, attorneys for plaintiff
    for defendant: Nichols H. Rodriguez and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE; Wade A. Adams II, Chrissinger & Baumberger, Wilmington, DE; Thomas P. Leff, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE, attorneys for defendants.
    Case Number: D67984

    Summary judgment deferred where plaintiffs evidence created genuine issues of material fact as to the applicability of the doctrines of inherently unknowable injuries and fraudulent concealment to toll the limitations period and render plaintiffs complaint timely.

  • Sands v. Union Pacific R.R.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Toxic Torts
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eileen M. McGivney for plaintiffs
    for defendant: Maria R. Granaudo Gesty, Anne Marie O'Brien and Daniel J. Hassing for defendant.
    Case Number: D67961

    Employer failed to state particularized reasons to demonstrate overwhelming hardship in support of its motions to dismiss two toxic tort claims on the basis of forum non conveniens.

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  • Yucaipa American Alliance Fund I, LP v. Ehrlich

    Publication Date: 2017-11-29
    Practice Area: Business Torts | Civil Procedure
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67957

    Plaintiff lacked standing and failed to allege sufficient predicate acts to establish a pattern of racketeering activity under the Racketeer Influenced and Corrupt Organizations Act. Affirmed.

  • Leonis v. Lawal

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Corporate Governance
    Industry: Energy
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Stuart M. Grant and Michael J. Barry, Grant & Eisenhofer, P.A., Wilmington, DE; Peter B. Andrews and Craig J. Springer, Andrews & Springer LLC, Wilmington, DE; Jeremy Friedman, Spencer Oster, and David Tejtel, Friedman Oster & Tejtel PLLC, New York, NY, attorneys for plaintiff
    for defendant: Myron T. Steele, Arthur L. Dent, and Jaclyn C. Levy, Potter Andersoon & Corroon LLP; David T. Moran and Christopher R. Bankler, Jackson Walker LLP, Dallas, TX; Gregroy V. Varallo, Richards, Layton & Finger, P.A., Wilmington, DE; J. Wiley George, Andrews Kurth LLP, Houston, TX; David J. Teklits and Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Mark Oakes and Ryan Meltzer, Norton Rose Fulbright US LLP, Austin, TX; John Byron, Norton Rose Fulbright US LLP, Houston, TX, attorneys for defendants.
    Case Number: D67944

    Derivative complaint dismissed where board protected by exculpatory provision in bylaws, and plaintiff failed to make demand, and further failed to plead likelihood of liability for non-exculpated claims as to majority of board members to establish challenged transaction as invalid exercise of business judgment.

  • 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.

  • BioVeris Corp. v. Meso Scale Diagnostics, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure
    Industry: Biotechnology | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Joel Friedlander and Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Nancy J. Sennett, James T. McKeown, and Eric L. Maassen, Foley & Larnder LLP, Milwaukee, WI, attorneys for plaintiff
    for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Mark C. Hansen, Michael J. Guzman, Joshua Hafenbrack, and Hilary P. Gerzhoy, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC, attorneys for defendants.
    Case Number: D67935

    Plaintiffs claim for breach of settlement barred by laches where plaintiff failed to bring claim within analogous statute of limitations, and no extraordinary circumstances were present to excuse plaintiffs delay in bringing its action.

  • Gramercy Emerging Markets Fund v. Allied Irish Banks, P.L.C.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Commercial Law
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Strine
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Sean F. O'Shea, Michael E. Petrella, Amanda L. Devereux, and Brian B. Alexander, Boies Schiller Flexner LLP, New York, NY, attorneys for appellants
    for defendant: Kevin R. Shannon and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Walter C. Carlson and Elizabeth Y. Austin, Sidley Austin LLP, Chicago, IL; Kenneth J. Nachbar and Ryan D. Stottman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Christopher Landau, Kirkland & Ellis LLP, Washington, DE; Brian D. Sieve and Jessica L. Staiger, Kirkland & Ellis LLP, Chicago, IL; Jeremy M. Feigenbaum, Kirkland & Ellis LLP, New York, NY, attorneys for appellees.
    Case Number: D67926

    Evaluating dismissal of a case on forum non conveniens grounds, previously dismissed by another jurisdiction on forum non conveniens grounds as well, required balanced application of forum non conveniens standards under the Cryo-Maid holding.