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Publication Date: 2018-06-13
Practice Area: Contracts | Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D68178
Plaintiff could seek to recover under the uninsured motorist provision of an insurance policy for injuries she sustained from gunshot wounds inflicted while she was driving, but the complaint did not adequately allege that the other vehicle was uninsured.
Publication Date: 2018-06-06
Practice Area: Civil Procedure | Contracts
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Charles J. Brown, III, Gellert, Scali, Busenkell & Brown, LLC, Wilmington, DE, attorney for plaintiffs
for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE; Paul Cottrell and Patrick McGrory, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.
Case Number: D68167
Claims arising from construction defects barred by statute of limitations where parties' contract defined accrual date as date of substantial completion of project and barred application of the discovery rule.
Publication Date: 2018-06-06
Practice Area: Contracts | Employment Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Sean A. Meluney and Alan L. Frank for plaintiff
for defendant: Herbert W. Mondros, Diane M. Coffey, Paul N. Silverstein and Brian M. Clark for defendants.
Case Number: D68169
Plaintiff alleged sufficient facts to support his tort and quasi-contract claims, but he was not entitled to recover for breach of good faith and fair dealing.
Publication Date: 2018-05-16
Practice Area: Business Torts | Contracts
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Thomas E. Brown, Edward K. Black and Stephen G. MacDonald for the state
for defendant: Stuart M. Grant, Mary S. Thomas, Laina M. Herbert and Vivek Upadhya for relator French; Stephen E. Jenkins, Catherine A. Gaul, Richard M. Zuckerman, Sean Cenawood, Kiran Patel and Catharine Luo for Card Compliant defendants; Kenneth J. Na-chbar, Michael Houghton, Matthew R. Clark, Barnaby Grzaslewicz, Ethan D. Millar, J. Andrew Howard, William R. Mitchel-son, Jr., Jason D. Popp, Colm F. Connolly, Jody C. Barillare, Gregory T. Parks, Courtney McCormick, David S. Eagle, Michael W. Yurkewicz, Martin I. Einstein, David Swetnam-Burland, Stacy O.Stitham, Brian M. Rostocki, Benjamin P. Chapple, Mi-chael J. Wynne, David A. Rammelt, Brian E. Farnan, Shawn J. Organ and Joshua M. Feasel for additional defendants.
Case Number: D68148
Factual issues prevented summary judgment in this false claims matter, and defendants failed to establish extraordinary circumstances for disregarding the law of the case.
Publication Date: 2018-05-09
Practice Area: Contracts
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Tiffany M. Shrenk, Macelree Harvey, Ltd., Centerville, DE, attorneys for plaintiff
for defendant: Seth L. Thompson, The Yeager Law Firm LLC, Wilmington, DE, attorneys for defendant.
Case Number: D68136
Breach of partnership or contract or promissory estoppel claims failed for lack of agreement or promise to share in costs, losses, and profits, but damages under unjust enrichment warranted where plaintiff made all expenditures on asset intended to be mutually enjoyed.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2018-05-02
Practice Area: Contracts | Trademarks
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Douglas E. McCann and Jeremy D. Anderson, Fish & Richardson, P.C., Wilmington, DE; Dean T. Fournaris, John M. Doroghazi, and Jacob A. Sand, Wiggin and Dana LLP, Philadelphia, PA, attorneys for plaintiff
for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Newark, DE; Christopher P. Coval, Fenningham, Dempster & Coval, LLP, Trevose, PA, attorneys for defendants.
Case Number: D68119
Preliminary injunction denied where plaintiff had not proven defendants likely breach of non-compete covenants would continue or could not be fully remedied through monetary damages.
Publication Date: 2018-04-25
Practice Area: Contracts | Trademarks
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Douglas E. McCann and Jeremy D. Anderson, Fish & Richardson, P.C., Wilmington, DE; Dean T. Fournaris, John M. Doroghazi, and Jacob A. Sand, Wiggin and Dana LLP, Philadelphia, PA, attorneys for plaintiff
for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Newark, DE; Christopher P. Coval, Fenningham, Dempster & Coval, LLP, Trevose, PA, attorneys for defendants.
Case Number: D68119
Preliminary injunction denied where plaintiff had not proven defendants likely breach of non-compete covenants would continue or could not be fully remedied through monetary damages.
Publication Date: 2018-04-18
Practice Area: Bankruptcy | Contracts
Industry: Consulting | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68114
In this adversary proceeding, the bankruptcy court determined that a contract which expired by its terms prior to the plan of reorganization was not subject to assumption, but a second agreement was executory and was as-sumed under the plan.
Publication Date: 2018-04-18
Practice Area: Civil Procedure | Contracts
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Kate Harmon, Rafael X. Zahralddin, and Shelley A. Kinsella, Elliot Greenleaf, P.C., Wilmington, DE, attorneys for plaintiff
for defendant: Marc S. Casarino, White and Williams LLP, Wilmington, DE, attorney for defendants.
Case Number: D68110
Contractual choice-of-law provision upheld where proposed default states did not have connection to underlying transaction nor did they have fundamental public policy contrary to chosen states law.
Publication Date: 2018-04-04
Practice Area: Contracts
Industry: Consulting | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: John G. Harris and Sean A. Meluney, Berger Harris LLP, Wilmington, DE, attorneys for plaintiff
for defendant: Beth Moskow-Schnoll, Evan W. Krick, and William J. Burton, Ballard Spahr LLP, Wilmington, DE, attorneys for defendant.
Case Number: D68095
Claim for early termination fee not dismissed where reasonableness of estimation of difficult-to-ascertain damages continued to be genuine issue of material fact.
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