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Publication Date: 2023-01-03
Practice Area: Contracts
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2924
The court vacated an order of the District Court granting a motion to dismiss a breach of contract claim on the basis that appellant had failed to establish an enforceable contract between the parties.
Publication Date: 2022-12-20
Practice Area: Contracts
Industry: E-Commerce | Software
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David E. Wilks, Wilks Law, LLC, Wilmington, DE; David Leichtman, Leichtman Law PLLC, New York, NY for plaintiff.
for defendant: Matthew E. Fischer, Jonathan A. Choa, Jacqueline A. Rogers, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Vanessa Soriano Power, Stoel Rives LLP, Seattle, WA; Samantha K. Sondag, Stoel Rives LLP, Portland, OR for defendants.
Case Number: N21C-05-198 EMD CCLD
Quasi-contractual claims failed where there was no evidence that plaintiffs performed any services or conferred any benefit on defendants beyond those expressly identified in the parties' written contract.
Publication Date: 2022-11-22
Practice Area: Contracts
Industry: Energy | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Scott Thomas Earle, Randall Shaw MacTough, Zarwin Baum De Vito Kaplan Schaer Toddy P.C., Wilmington, DE; Stuart A. Schwager, Lerch, Early & Brewer, Chtd., Bethesda, MD for plaintiff.
for defendant: William Edward Gamgort, Daniel Paul Johnson, Jennifer Marie Kinkus, Young, Conway, St Argatt & Taylor, Wilmington, DE; Ronald P. Golden, III, Bayard, P.A., Wilmington, DE; Karen T. Staib, Michael A. King, Shipman & Goodwin LLP, Hartford, CT for defendants.
Case Number: 22-226-CFC
Fuel station operator could not assert claims under the Petroleum Marketing Practices Act against the station property owner where franchisee had direct sublease and supply agreements with party that the owner had leased the property to, as there was no franchise relationship.
Publication Date: 2022-11-15
Practice Area: Contracts
Industry: Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David E. Ross, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE; Kevin B. Huff, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC for plaintiff.
for defendant: R. Judson Scaggs, Jr., Thomas P. Will, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert A. Van Kirk, Sarah F. Kirkpatrick, James M. Rice, Nicholas A. Maricic, Williams & Connolly LLP, Washington, DC for defendants.
Case Number: 2021-0944-SG
Plaintiff could pursue tortious interference with contract claim against third party by alleging that it knew of exclusivity provisions in plaintiff's contract based on industry practice and past practice between plaintiff's affiliates and the third party, and by alleging that third party's decision to usurp business opportunities would result in breach of the contract.
Publication Date: 2022-10-18
Practice Area: Contracts
Industry: Construction
Court: Court of Chancery
Judge: Chancellor Zurn
Attorneys: For plaintiff: Steven J. Fineman, Travis S. Hunter, Alexandra M. Ewing, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
for defendant: Andrew L. Cole, Michael E. Fitzpatrick, Cole Schotz P.C., Wilmington, DE; Brian P. Matthews, Cole Schotz P.C., Hackensack, NJ for defendant.
Case Number: 2022-0311-MTZ
Court denied the motion for preliminary injunction filed by plaintiff corporation against its former employee on the basis that the operating restrictive covenant waiver provision did not preclude the court from reviewing the reasonableness of the restrictive covenant.
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Publication Date: 2022-10-11
Practice Area: Contracts
Industry: Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: David W. deBruin, Napoli Shkolnik, LLC, Wilmington, DE for plaintiff.
for defendant: Jeremy D. Anderson, Fish & Richardson P.C., Wilmington, DE for defendants.
Case Number: 20-cv-1697-SB
Plaintiff plausibly alleged breach of contract where parties' statement of work required defendant to deliver functional prototypes of mobile applications, and there was no evidence defendant ever delivered a functional prototype.
Publication Date: 2022-09-20
Practice Area: Contracts
Industry: Consulting
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Brian P. Egan, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE for plaintiff.
for defendant: Margaret M. DiBianca, Jay M. Berger, K.J. Edward Fornell, William D. Cramer, Clark Hill PLC, Wilmington, DE; Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendants.
Case Number: 1:21-cv-00674-SB-SRF
Court requested that the magistrate judge reconsider a motion to dismiss, transfer, and stay a case where the magistrate judge had ruled that the first-filed rule applied.
Publication Date: 2022-09-06
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Patricia L. Enerio, Jamie Brown, Heyman Enerio Gattuso & Hirzel, Wilmington, DE; Gerry Silver, Sullivan & Worcester LLP, New York, NY for plaintiff.
for defendant: Steven T. Margolin, Samuel L. Moultrie, Greenberg Traurig LLP, Wilmington, DE for defendant.
Case Number: D69944
Account stated claim dismissed where duplicative of a well-pleaded breach of contract claim and where plaintiff had failed to adequately plead the existence of a debt or account or defendant's express admission to an amount due under such account or debt.
Publication Date: 2022-08-30
Practice Area: Contracts
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Fiorvanti
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington DE for plaintiffs.
for defendant: Richard P. Rollo, Travis S. Hunter, Angela Lam, Nicole M. Henry, John T. Miraglia, Richards, Layton, & Finger, P.A., Wilmington, DE; Alan S. Loewinsohn, Kerry Schonwald, Loewinsohn, Deary, Simony Ray LLP, Dallas, TX for defendants.
Case Number: D69935
Court denied breach of contract claim in real estate development dissolution case holding that plaintiffs failed to establish that defendants breached material terms of the agreement, their actions were unreasonable, or but for defendants' actions, the plaintiffs would be in a different position.
Publication Date: 2022-08-23
Practice Area: Contracts
Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson LLP, Wilmington, DE; Kevin G. O’Donovan, Palmer Biezup & Henderson LLP, Philadelphia, PA for plaintiff.
for defendant: Elizabeth A. Sloan, Brittany M. Guisini, Ballard Spahr, LLP, Wilmington, DE; Matthew D. Knepper, Tanya Maerz, Husch Blackwell, LLP, St. Louis, MO; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE. for defendants.
Case Number: D69926
Court granted in part and denied in part summary judgment motions in a case arising out of product destruction at a warehouse.
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