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Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
for defendant: Sean J. Bellew, Bellew LLC, Wilmington, DE; Chris L. Gilbert, Gilbert PC, Dallas, TX for defendant.
Case Number: N20C-10-231- SKR CCLD
Ruling that under Delaware law a person is presumed to act in good faith unless evidence is presented to the contrary, the court ruled that defendant had not demonstrated that plaintiff was motivated by bad faith and had, thus, breached the implied covenant of good faith and fair dealing under the terms of their contract. Plaintiff's motion for summary judgment granted.
Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: John Harris, Esquire, Harry Shenton IV, Berger Harris LLP, Wilmington, DE for plaintiff.
for defendant: John Klein, Tampa, FL, pro se defendant.
Case Number: N20C-03-300 SKR CCLD
The court ruled that it did not need to reach an offensive collateral estoppel analysis because plaintiff had carried its burden of proof for summary judgment on the merits demonstrating a breach of the indemnification agreement at issue.
Publication Date: 2023-08-14
Practice Area: Contracts
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Beth Moskow-Schnoll, Brian S.S. Auerbach, Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Alejandro H. Cruz, Nathaniel Lancaster, William F. Cavanaugh, Patterson Belkamp Webb & Tyler LLP, New York, NY; Mark A. Neubauer, Steven B. Weisburd, Carlton Fields, LLP, Los Angeles, CA for plaintiffs.
for defendant: Arthur G. Connolly, III, Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; David G. Hille, Katrina Fetsch, Kimberly A. Haviln, White & Case, LLP, New York, NY for defendants.
Case Number: 22-589-RGA-SRF
The court granted defendants' motion to dismiss a third-party claim ruling that, for a third-party to recover for a breach of contract, it must appear that the parties to the contract intended to recognize the third-party as the primary party in interest and as privy to the contract.
Publication Date: 2023-08-07
Practice Area: Contracts
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Sean T. O’Kelly, Gerard M. O’Rourke, O’Kelly & O’Rourke, LLC, Wilmington, DE for plaintiff.
for defendant: Andrew C. Mayo, Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; Benjamin J. Hodges, Devra R. Cohen, Foster Garvey PC, Seattle, WA for defendants.
Case Number: 17-1059 (MN)
Court struck damages claim for restitution based on breach of contractual obligation to deliver IP where plaintiff's exercise of its option to license the IP meant there was a partial breach at most and plaintiff had retained the benefits of defendants' partial performance.
Publication Date: 2023-07-31
Practice Area: Contracts
Industry: Entertainment and Leisure
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: F. Troupe Mickler IV, Ashby & Geddes, P.A., Wilmington, DE; Edgar G. Sargent, Susman Godfrey L.L.P., Seattle, WA for plaintiff.
for defendant: Sarah E. Delia, McCarter & English, LLP, Wilmington, DE for defendant.
Case Number: 2021-0476-LWW
Plaintiff's motion for summary judgment to enforce an option right for which it bargained to pay $1,000 but did not make payment was denied and defendant's cross-motion for summary judgment was granted.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-07-10
Practice Area: Contracts
Industry: Cargo and Shipping | Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
Case Number: N21C-05-130 MAA
Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.
Publication Date: 2023-07-03
Practice Area: Contracts
Industry: Energy | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.
Case Number: N15C-08-109 JJC CCLD
Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.
Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Kevin S. Mann, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiff.
for defendant: Krista M. Reale, Tara D. McManamy, Margolis Edelstein, Wilmington, DE for defendant.
Case Number: N22C-06-084 CEB
Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.
Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Aerospace
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Eric Lopez Schnabel, Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Benjamin D. Greenberg, Todd S. Fairchild, Dorsey & Whitney LLP, Seattle, WA for plaintiff.
for defendant: Joseph L. Christensen, Meghan M. Dougherty, Christensen & Dougherty LLP, Wilmington, DE; Perrie M. Weiner, Aaron T. Goodman, Baker & McKenzie LLP, Los Angeles, CA; Peter P. Tomczak, Michael D. Lehrman, Baker & McKenzie LLP, Chicago, IL for defendant.
Case Number: 2022-0722-MTZ
Company founder and former CEO was not entitled to indemnification/advancement from company pursuant to corporate agreements and bylaws where founder had broadly released any claims he had against the company in a stock repurchase agreement, nor was he entitled to statutory indemnification since he had not been successful on the merits of any related legal actions.
Publication Date: 2023-05-16
Practice Area: Contracts
Industry: Agriculture | Consulting | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.
Case Number: 20-1170-RGA
Court granted reargument and reconsidered summary judgment motion where it initially decided the motion based on outdated and incorrect information cited by the opposing party.
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