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Publication Date: 2024-02-12
Practice Area: Corporate Governance
Industry: Construction | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Gary E. Junge, Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendants.
Case Number: 2020-0189-PAF
Court found that parties agreed to LLC agreement naming them equal members and co-managers, based on the parties' course of conduct following agreement that was consistent with the material terms of the agreement.
Publication Date: 2024-02-12
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. C. Speed, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Virginia J. Cardenas, Sid Nadkarni, Cantor Fitzgerald, New York, NY; Benjamin R. Nagin, Eric G. Hoffman, Sidley Austin LLP, New York, NY; Tacy F. Flint, Frank J. Favia, Jr., Sidley Austin LLP, Chicago, IL for appellant.
for defendant: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Kyle W. Roche, Kyle Roche P.A., New York, NY; Velvel Freedman, Alex Potter, Freedman Normand Friedland LLP, New York, NY for appellees.
Case Number: 162, 2023
A "forfeiture-for-competition" provision in a partnership agreement did not qualify as a restraint on trade, and thus partners who had negotiated and benefitted from such a term would be held to the terms of their agreement due to the Delaware Revised Uniform Limited Partnership Act's express favor for the enforceability of contracts.
Publication Date: 2024-02-12
Practice Area: Education Law
Industry: Education | Non-Profit | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Wilson B. Davis, New Castle County Law Department, New Castle, DE; Krista M. Reale, Margolis Edelstein, Wilmington, DE; Craig T. Eliassen, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellants.
for defendant: Richard H. Morse, Community Legal Aid Society, Inc., Wilmington, DE; Dwayne Bensing, ACLU Foundation of Delaware, Inc., Wilmington, DE; Saul P. Morgenstern, Peta Gordon, Arnold & Porter Kaye Scholer LLP, New York, NY for appellees.
Case Number: 138, 2023
Chancery court erred in awarding fee shifting in public interest litigation where the case effectively obtained a benefit no greater than simply compelling the government to properly perform its duties.
Publication Date: 2024-02-12
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Regina S.E. Murphy, Amy E. Tryon, Barnes & Thornburg LLP, Wilmington, DE for appellant.
for defendant: Dana L. Reynolds, Law Offices of Dana Reynolds, LLC, Wilmington, DE for appellees.
Case Number: 174, 2023
Trial court erred in involuntarily terminating parental rights where there was insufficient evidence of parent's continuous intention to abandon custody over child, especially where parent expressed desire to reunite and remedied the conditions that led to child's guardianship.
Publication Date: 2024-02-12
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Hudson Jones Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Aaron E. Moore, M. Claire McCudden, Marshall Dennehey, P.C., Wilmington, DE for defendant.
Case Number: S22C-07-002 CAK
Court dismissed former condominium owner's claims arising from the alleged failure to release a recorded lien, where owner's tender of payment was insufficient to satisfy the condominium association's recorded and statutory liens, as the association was not obligated to obtain a court judgment or record the statutory lien to collect.
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Publication Date: 2024-02-05
Practice Area: Mergers and Acquisitions
Industry: Software
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Blake Rohrbacher, John D. Hendershot, Sandy Xu, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE; Kira N. Lum, Royer Cooper Cohen Braunfeld LLC, Philadelphia, PA for plaintiffs.
for defendant: Jesse L. Noa, Tyler E. Cragg, Andrew Moshos, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: 2023-0327-MTZ
Buyers in corporate acquisition adequately pled fraud claims where acquisition agreement expressly stated that seller had not changed its accounting practices even though seller's owners expressly accelerated the collection of accounts receivable, which made attached financials inaccurate.
Publication Date: 2024-02-05
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Thomas W. Briggs, Jr., Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Laura D. Smolowe, John M. Gildersleeve, Sara H. Worth, Munger, Tolles & Olson LLP, Los Angeles, CA for plaintiffs.
for defendant: Michael A. Barlow, Quinn, Emanuel, Urquhart & Sullivan, LLP, Wilmington, DE; Steven G. Madison, Joseph Sarles, William Pilon, Quinn, Emanuel, Urquhart & Sullivan, LLP, Los Angeles, CA for defendants.
Case Number: 2022-0415-PAF
Court affirmed arbitration award where defendants failed to present evidence sufficient to show that the arbitral panel's interpretation of the parties' agreements was palpably incorrect.
Publication Date: 2024-02-05
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows, LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor, Wilmington, DE; Ana Alfonso, Willkie Farr & Gallagher, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.
Publication Date: 2024-02-05
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3212
Court affirmed dismissal of adversary complaint by creditor where there was no evidence supporting a claim of non-dischargeability of a personal guarantee of a business loan.
Publication Date: 2024-02-05
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Kevin H. Davenport, John G. Day, Jason W. Rigby, Prickett, Jones & Elliot P.A., Wilmington, DE; R. Bruce McNew, Cooch & Taylor P.A., Wilmington, DE; Christopher H. Lyons, Robbins Geller Rudman & Dowd LLP, Wilmington; DE; Randall J. Baron, Rick T. Atwood, Robbins Geller Rudman & Dowd LLP, San Diego, CA; Brett Middleton, Johnson Fistel, LLP, New York, NY for plaintiff.
for defendant: Stephen E. Jenkins, Richard D. Heins, Ashby & Geddes, P.A., Wilmington, DE; Tariq Mundiya, Sameer Advani, Richard Li, M. Annie Houghton-Larsen, Willkie Farr & Gallagher LLP, New York, NY for defendants.
Case Number: 2020-1061-JTL
Court imposed sanctions in the form of a factual presumption on a key issue, which defendants could only rebut with clear and convincing evidence, after defendants admittedly took no action to preserve electronically stored information in response to litigation hold notices.
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