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Publication Date: 2023-04-04
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: William J. Rhodunda, Nicholas G. Kondraschow, Rhodunda Williams & Kondraschow, Wilmington, DE for defendant.
Case Number: N22L-06-019 JRJ
Court dismissed statement of claim for mechanic's lien where plaintiff added language stating that allegations were true and correct only to the best of plaintiff's knowledge, since statutory law prohibited the inclusion of qualifying language.
Publication Date: 2023-03-28
Practice Area: Contracts
Industry: Financial Services and Banking | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: D70180
The court affirmed the district court's order granting summary judgment in a matter regarding a stock purchase agreement that expressly forbade payout in instances of liability litigation. Although appellant argued that the terms were ambiguous, the court disagreed and found that the language was clear and concise.
Publication Date: 2023-03-07
Practice Area: Contracts
Industry: Biotechnology | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Richard L. Renck, Mackenzie M. Wrobel, Coleen W. Hill, Duane Morris LLP, Wilmington, DE; Frederick R. Ball, Duane Morris LLP, Boston, MA; Patrick C. Gallagher, Duane Morris LLP, Boca Raton, FL for petitioner.
for defendant: Jon E. Abramczyk, Ryan D. Stottman, Grant Michl, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jake Goodelman, John Dougherty, Thomas Wintner, Katherine Galle, Mintz, Levin, Cohn, Ferris, Glovsky, and Pompeo, P.C., Boston, MA for respondents.
Case Number: 2022-0880-PAF
Motion for continued confidential treatment of petition to vacate arbitration award denied where there was nothing inherently confidential about arbitration and court was not bound by the parties' stipulated protective order during their arbitration.
Publication Date: 2023-03-07
Practice Area: Contracts
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-cv-00475-SRF
Court granted plaintiff's motion to compel arbitration where the mere filing of a complaint, without any further litigation, did not constitute a waiver of the contractual right to compel arbitration, and the parties' agreement included a no-waiver clause.
Publication Date: 2023-02-21
Practice Area: Contracts
Industry: Distribution and Wholesale | Legal Services | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.
Case Number: N22C-09-799 FJJ
Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.
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Publication Date: 2023-02-21
Practice Area: Contracts
Industry: Cargo and Shipping | Construction | Energy
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Patrick J. Lamb, J’Aimee Crockett, ElevateNext Law, Chicago, IL for plaintiffs.
for defendant: F. Troupe Mickler IV, Randal J. Teti, Ashby & Geddes, P.A., Wilmington, DE; James D. Dasso, Jennifer S. Park, and Mason D. Roberts, Foley & Lardner LLP, Chicago, IL for defendant.
Case Number: N19C-10-054 EMD CCLD
Court declined to enter summary judgment on breach of contract claim where the parties' evidence created genuine issues of material fact regarding whether defendant had used reasonable best efforts to complete the project.
Publication Date: 2023-02-14
Practice Area: Contracts
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: 2020-1004-SG
Parties' written investment contract was valid and enforceable where investor did not expressly reject the contract and the parties' subsequent actions demonstrated their intent to be bound to the contract and their belief that the contract contained all material terms of their deal.
Publication Date: 2023-01-31
Practice Area: Contracts
Industry: Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Conolly Gallagher LLP for plaintiff.
for defendant: Paul A. Logan, Post & Schell, P.C. for defendants.
Case Number: N21C-12-039 PAW
Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.
Publication Date: 2023-01-24
Practice Area: Contracts
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Ryan Stottmann, Thomas P. Will, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Rollo C. Baker, Jonathan Feder, Alison Lo, Quinn Emanuel Urquhart &Sullivan, LLP, New York, NY for plaintiffs.
for defendant: David E. Ross, Holly E. Newell, A. Gage Whirley, Ross Aronstam & Moritz LLP, Wilmington, DE; Jacob W. Budchdahl, Elisha B. Barron, Susman Godfrey LLP, New York, NY for defendant.
Case Number: 2022-0673-JTL
The court granted plaintiffs' request for summary judgment and a permanent injunction barring defendant from litigating claims he pursued through arbitration.
Publication Date: 2023-01-24
Practice Area: Bankruptcy | Contracts
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12168 (CTG)
The court granted defendants' motion for summary judgment to dismiss plaintiff's breach of contract claims.
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