• Zenith Energy Terminals Joliet Holdings LLC v. CenterPoint Props. Trust

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Cargo and Shipping | Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Patrick J. Lamb, J’Aimee Crockett, ElevateNext Law, Chicago, IL for plaintiffs.
    for defendant: F. Troupe Mickler IV, Randal J. Teti, Ashby & Geddes, P.A., Wilmington, DE; James D. Dasso, Jennifer S. Park, and Mason D. Roberts, Foley & Lardner LLP, Chicago, IL for defendant.

    Case Number: N19C-10-054 EMD CCLD

    Court declined to enter summary judgment on breach of contract claim where the parties' evidence created genuine issues of material fact regarding whether defendant had used reasonable best efforts to complete the project.

  • Malkani v. Cunningham

    Publication Date: 2023-02-14
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
    for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.

    Case Number: 2020-1004-SG

    Parties' written investment contract was valid and enforceable where investor did not expressly reject the contract and the parties' subsequent actions demonstrated their intent to be bound to the contract and their belief that the contract contained all material terms of their deal.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-01-31
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Conolly Gallagher LLP for plaintiff.
    for defendant: Paul A. Logan, Post & Schell, P.C. for defendants.

    Case Number: N21C-12-039 PAW

    Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.

  • Fairstead Capital Mgmt. LLC v. Blodgett

    Publication Date: 2023-01-24
    Practice Area: Contracts
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Ryan Stottmann, Thomas P. Will, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Rollo C. Baker, Jonathan Feder, Alison Lo, Quinn Emanuel Urquhart &Sullivan, LLP, New York, NY for plaintiffs.
    for defendant: David E. Ross, Holly E. Newell, A. Gage Whirley, Ross Aronstam & Moritz LLP, Wilmington, DE; Jacob W. Budchdahl, Elisha B. Barron, Susman Godfrey LLP, New York, NY for defendant.

    Case Number: 2022-0673-JTL

    The court granted plaintiffs' request for summary judgment and a permanent injunction barring defendant from litigating claims he pursued through arbitration.

  • Town Sports Int'l LLC v. Kennedy Lewis Partners Master Fund LP

    Publication Date: 2023-01-24
    Practice Area: Bankruptcy | Contracts
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12168 (CTG)

    The court granted defendants' motion for summary judgment to dismiss plaintiff's breach of contract claims.

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  • Ainslie v. Fitzgerald

    Publication Date: 2023-01-17
    Practice Area: Contracts
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Zurn
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
    for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.

    Case Number: 9436-VCZ

    The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.

  • Omega Capital Mgmt. Partners, LLC v. Schrage

    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.

  • Gone GB Ltd. v. Intel Servs. Div., LLC

    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.

  • Yogi Krupa, Inc. v. GLeS, Inc.

    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.

  • Atl. NWI, LLC v. The Carlyle Group Inc.

    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.