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  • Gener8, LLC v. Castanon

    Publication Date: 2025-01-28
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Legal Services | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Jonathan M. Stemerman, Armstrong Teasdale, LLP, Wilmington, DE for plaintiff.
    for defendant: Kurt M. Heyman, Jamie L. Brown, Elizabeth A. DeFelice, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendant.
    Case Number: 2022-0426-LWW

    Court granted plaintiffs' prevailing party fee request, even though it was nearly 30 times the damages award, where defendant's litigation conduct significantly complicated the case and required extensive efforts by plaintiffs' counsel.

  • Zicherman v. Univ. of Delaware

    Publication Date: 2025-01-28
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Caitlin Elizabeth Andrews, McAndrews Law Offices, P.C., Wilmington, DE; Michael A. Cancelliere, Jr., Nass Cancelliere, Philadelphia, PA for plaintiff.
    for defendant: Marisa R. De Feo, James Darlington Taylor, Jr., Juliana G. Clifton, Saul Ewing Arnstein & Lehr LLP Wilmington, DE for defendants.
    Case Number: 24-00162-RGA

    Court declined to dismiss negligence/recklessness claims where plaintiff sufficiently alleged defendants' failure to appropriately hire, train, and supervise that potentially amounted to gross negligence, precluding defendants' assertion of qualified immunity under the Delaware Tort Claims Act.

  • In re: Fred's Inc.

    Publication Date: 2025-01-28
    Practice Area: Bankruptcy
    Industry: Cargo and Shipping | Distribution and Wholesale | Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-11984 (CTG)

    Vendor was not entitled to assert ordinary course defense simply because its tightening of credit terms as debtor's financial position worsened was a customary industry practice, as the ordinary course defense focused on the ordinary course of business for healthy companies.

  • Comcast Cable Commc'ns Mgmt., LLC v. CX360, Inc.

    Publication Date: 2025-01-28
    Practice Area: Contracts
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Susan W. Waesco, Thomas P. Will, Courtney Kurz, Taylor A. Christensen, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
    for defendant: Matthew F. Davis, David A. Seal, Callan R. Jackson, Adriane M. Kappauf, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
    Case Number: 2024-0991-LWW

    Court granted defendant's motion to increase plaintiff's bond for its status quo order in part to reflect the difference between what defendant would have received under parties' master services agreement and the reasonable value of a transition agreement between the parties.

  • Warren v. Results Customer Solutions, LLC

    Publication Date: 2025-01-28
    Practice Area: Labor Law
    Industry: Call Centers
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-888-JLH-SRF

    Court denied motion for transfer of venue where a few factors weighed slightly in favor of transfer but did not outweigh the primary factor of the plaintiff's preference in choosing the present venue.

  • In re: Boy Scouts of Am.

    Publication Date: 2025-01-28
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Rachael B. Mersky, Monzack and Browder, P.A., Wilmington, DE for appellant.
    for defendant: Ramona D. Elliott, P. Matthew Sutko, Sumi Sakata, Department of Justice, Executive Office for United States Trustees, Washington, DC; Andrew R. Vara, Joseph J. McMahon, Jr., Timothy J. Fox, Jr., Robert J. Schneider, Jr., Department of Justice, Office of the United States Trustee, Wilmington, DE for appellee.
    Case Number: 20-10343-LSS

    Bankruptcy court properly denied ad hoc committee's request for payment of professional fees from the bankruptcy estate where committee's professionals were potentially duplicative of the official committee's and it had failed to prove that its efforts went beyond serving its interests alone.

  • California Safe Soil, LLC v. KDC Agribusiness, LLC

    Publication Date: 2025-01-28
    Practice Area: Trade Secrets
    Industry: Biotechnology | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Richard L. Renck, Mackenzie M. Wrobel, Tracey E. Timlin, Duane Morris LLP, Wilmington, DE; Sean S. Zabaneh, Aleksander J. Goranin, Andrew R. Sperl, Duane Morris LLP, Philadelphia, PA for plaintiff.
    for defendant: Andrew L. Cole, Jack M. Dougherty, Nathaniel J. Klepser, Cole Schotz P.C., Wilmington, DE; Merri C. Moken, Michael S. Winograd, Joshua A. Whitehill, W. Lydell Benson, Jr., Brown Rudnick LLP, New York, NY; Katherine C. Dearing, Brown Rudnick LLP, Washington, D.C. for defendant.
    Case Number: 2021-0498-MTZ

    Court granted judgment for plaintiff on trade secret misappropriation claim where defendants failed to provide any alternative explanation for how they were able to construct their manufacturing facility but for using plaintiff's trade secret process.

  • Refresco Beverages US Inc. v. Congo Brands Procurement LLC

    Publication Date: 2025-01-28
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
    for defendant: Lisa Zwally, Greenberg Traurig, LLP, Wilmington, DE for defendant.
    Case Number: 2024-0819-MTZ

    Court lacked subject matter jurisdiction where plaintiff's sole equitable "claim" was an assertion of equitable estoppel, which constituted a defense under applicable law.

  • Wilkerson v. State

    Publication Date: 2025-01-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Griffiths
    Attorneys: For plaintiff: Patrick J. Collins, Collins Price & Warner, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Delaware Dep’t of Justice, Wilmington, DE for appellee.
    Case Number: 47, 2024

    Defendant who knowingly ingested unlawful drugs different from the ones they believed they were consuming was not entitled as a matter of law to assert an involuntary intoxication defense.

  • Hutcherson v. Villas at Bay Crossing Condo. Ass'n, Inc.

    Publication Date: 2025-01-21
    Practice Area: Real Estate
    Industry: Food and Beverage | Hospitality and Lodging | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor David
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
    for defendant: Alan D. Albert, O’Hagan Meyer PLLC, Wilmington, DE; R. Eric Hacker, Morris James LLP, Wilmington, DE for defendants.
    Case Number: 2024-0340-BWD

    Condominium unit owners plausibly alleged association's breach of governing documents by claiming that association entered "perpetual" leases with adjoining business owner to lease the condominium's common parking areas, rendering them unavailable for unit owners.