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Publication Date: 2023-07-24
Practice Area: Commercial Law
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Ryan M. Ernst, David M. Klauder, Bielli & Klauder, LLC, Wilmington, DE for appellant.
for defendant: Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE for appellee.
Case Number: 19-10598 (BLS)
Finding that appellant creditor's claims sounded in tort rather than contract, the court determined that Pennsylvania's Uniform Commercial Code applied and required that for commercial tort claims, in order to be enforceable, a security agreement must provide a specific description of the collateral.
Publication Date: 2021-04-28
Practice Area: Commercial Law
Industry: Energy
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Raymond J. DiCamillo, Tyler E. Cragg, Richards, Layton and Finger, P.A., Wilmington, DE for plaintiffs.
for defendant: Thomas W. Briggs, Jr., Zi-Xiang Shen, Morris, Nichols Arsht & Tunnell LLP, Wilmington, DE; John D. Rus-sell, Justin A. Lollman, GableGotwals, Tulsa, OK for defendant.
Case Number: D69379
The court granted a motion to stay this declaratory relief action, because an action involving the same par-ties and similar claims was already pending in another state.
Publication Date: 2021-03-31
Practice Area: Commercial Law
Industry: Construction
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Scott A. Holt, Alberto E. Chavez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Robert D. Eckard, Law Office of Robert Eckard & Associates, P.A., Palm Harbor, FL for defendant.
Case Number: D69347
Public policy factors warranted the transfer of this case to a federal district court in another state, even though two of the parties' agreements contained mandatory forum selection clauses in favor of Delaware.
Publication Date: 2021-02-03
Practice Area: Commercial Law
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher, Philip J. Farinella, Cozen O’Connor, Philadelphia, PA for plaintiff.
for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Steven Sklaver, Susman Godfrey LLP, Los Angeles, CA; Ari Ruben, Susman Godfrey LLP, New York, NY for defendant.
Case Number: D69281
Removal to federal court by a non-party was improper, and defendant's attempt to file an amended notice of removal did not relate back to the time of the original notice.
Publication Date: 2019-04-10
Practice Area: Banking and Finance Laws | Commercial Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Elwood T. Eveland, Jr., The Eveland Law Firm for appellant.
for defendant: Nicholas T. Verna, Womble Bond Dickinson (US) LLP for appellee.
Case Number: D68519
Trial court erred in dismissing banking violation under UCC without determining whether breach of contract claim could proceed independent of a UCC claim, where the allegations of the contract claim also raised an issue of the bank's compliance with UCC requirements.
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Publication Date: 2019-02-27
Practice Area: Commercial Law
Industry: Aerospace
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Jennifer L. Dering, Joseph A. Martin and Jeffrey Lubin, Martin Law Firm LLC for plaintiffs.
for defendant: Brett D. Fallon, Morris James LLP; Gary L. Halbert, Holland & Knight LLP for defendants.
Case Number: D68475
The court granted defendants' motion to dismiss because: (1) plaintiffs' tort claims based on an aircraft crash were barred by the economic loss doctrine, (2) plaintiffs failed to allege their fraud claims with particularity, and (3) the statute of limitations barred the breach of warranty claim.
Publication Date: 2018-12-26
Practice Area: Banking and Finance Laws | Commercial Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Jamie L. Edmonson, Daniel A. O'Brien, Jessie F. Bebber, Patrick J. Boyle, and Adam G. Possidente, Venable LLP for plaintiff;
for defendant: Alexander D. Bono, Ryan E. Borneman, Lynne E. Evans, Oderah C. Nwaeze, and Mackenzie M. Wrobel, Duane Morris LLP for defendant.
Case Number: D68400
Banking customer's negligence claims arising from fraud on its account did not amount to more than simple negligence and were precluded by the UCC and its statute of repose as the fraud occurred under the scope of the account agreement.
Publication Date: 2018-06-06
Practice Area: Commercial Law | Trade Secrets
Industry: Chemicals and Materials
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Rodger D. Smith II, Ryan D. Stottmann, Charles K. Verhoeven, Raymond N. Nimrod and James E. Baker for plaintiffs
for defendant: Kathleen Furey McDonough, John A. Sensing, Ryan C. Cicoski, J. Robert Robertson and Benjamin Holt for defendants.
Case Number: D68171
In this trade secret matter, plaintiff alleged sufficient facts to provide defendants with notice of its claims, and the court held it was premature to determine choice of law and preemption issues.
Publication Date: 2018-04-11
Practice Area: Commercial Law
Industry: Food and Beverage
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Joel Friedlander, Christopher M. Foulds and Jennifer G. Altman for plaintiff.
for defendant: na
Case Number: D68109
In this commercial dispute, plaintiff was not entitled to proceed on claims involving mere puffery, but the court allowed claims involving concealment and interference with contractual performance to go forward.
Publication Date: 2018-02-07
Practice Area: Banking and Finance Laws | Commercial Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Jamie L. Edmonson, Jessie F. Beeber, Patrick J. Boyle and Adam G. Possidente for plaintiff
for defendant: Alexander D. Bono, Ryan E. Borneman, Lynne E. Evans, Oderah C. Nwaeze and Mackenzie M. Wrobel for defendant.
Case Number: D68034
Plaintiffs negligence claim against a bank that provided electronic services was barred by the terms of the parties agreement and also preempted by the UCC.
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