Gibson v. Koncik
Publication Date: 2024-08-20Practice Area:Corporate Entities
Industry:Real Estate
Court: Court of ChanceryJudge: Vice Chancellor WillAttorneys:For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE for plaintiff.For defendant: David L. Konick, Washington, VA for defendants.Case number: 2022-1036-LWW
Court's readjustment of LLC ownership percentages did not affect the deadlock analysis where the LLC agreement required a two-thirds interest vote or unanimous consent.
Westlake Pipe & Fittings Corp. v. Geon Performance Solutions, LLC
Publication Date: 2024-07-30Practice Area:Contracts
Industry:Chemicals and Materials |
Manufacturing
Court: Delaware Superior CourtJudge: Judge DavisAttorneys:For plaintiff: Stephen B. Brauerman, Emily L. Skaug, Bayard, P.A., Wilmington, DE for plaintiff.For defendant: Joelle E. Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE; Patrick K. Kingsley, Stradley Ronon Stevens & Young, LLP, Philadelphia, PA for defendant.Case number: N23C-08-096 EMD CCLD
Express terms of parties' supply agreement released supplier from having to honor rates under the agreement after its termination, and the agreement merely allowed purchaser to apply credits it had earned to future contracts negotiated between the parties.
Gibson v. Konick
Publication Date: 2024-07-23Practice Area:Corporate Entities
Industry:Legal Services |
Real Estate
Court: Court of ChanceryJudge: Vice Chancellor WillAttorneys:For plaintiff: Frank E. Noyes, Offit Kurman, P.A., Wilmington, Delaware for plaintiff;For defendant: David Konick, pro se defendant.Case number: 2022-1036-LWW
Court ordered judicial dissolution of LLC formed to hold vacation property after the end of the parties' romantic relationship rendered carrying on the LLC's "business" impractical.
Appellate Division, Second Department: April 12, 2024
Publication Date: 2024-04-12Practice Area:Civil Appeals |
Criminal Appeals
Industry:Court: Appellate Division, Second Department, Hand Down ListJudge: Unsigned Attorneys:For plaintiff: For defendant: Case number: DOCKET
Handdown List released on:April 10, 2024
Carpenter v. Liberty Mut. Ins. Co.
Publication Date: 2024-03-18Practice Area:Insurance Law
Industry:Insurance
Court: U.S. District Court of DelawareJudge: District Judge FallonAttorneys:For plaintiff: Bayard Marin, Daulton Gregory, Marin & Gregory, LLC, Wilmington, DE for plaintiff. For defendant: Karine Sarkisian, Kennedys CMK LLP, Wilmington, DE for defendants.Case number: 23-752-SRF
Court remanded case due to untimely notice of removal as equitable claim within Delaware chancery court's jurisdiction could be heard by federal court sitting in diversity and the applicable insurance policy limit at issue met the amount-in-controversy threshold.
Friddle v. Moehle
Publication Date: 2024-02-19Practice Area:Corporate Governance
Industry:Investments and Investment Advisory
Court: Court of ChanceryJudge: Vice Chancellor GlasscockAttorneys:For plaintiff: Thad J. Bracegirdle, Emily L. Skaug, Bayard, P.A., Wilmington, Delaware; Brian A. Katz, John G. Moon, Olshan Frome Wolosky LLP, New York, NY for plaintiffs.For defendant: Steve L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Christopher M. Verdini, K&L Gates LLP, Pittsburgh, PA for defendants.Case number: 2021-0306-SG
Court interpreted the scope of the parties' joint waiver of their contractual mandatory arbitration provision to include only those claims the parties had asserted in their pleadings at the time they executed the waiver, so as to avoid an unintended waiver of bargained-for rights.
Wong v. Wong
Publication Date: 2023-12-27Practice Area:Trusts and Estates
Industry:Court: Supreme Court, New YorkJudge: Justice Melissa CraneAttorneys:For plaintiff: For defendant: Case number: 656436/2018
POAs Did Not Preclude Trustors from Changing Beneficiary Again in Future POA
Maginn v. Maginn
Publication Date: 2023-10-30Practice Area:Corporate Governance
Industry:Software
Court: Court of ChanceryJudge: Vice Chancellor WillAttorneys:For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.For defendant: Garrett B. Moritz, Ross Aronstam & Moritz LLP, Wilmington, DE; Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE for defendants. Albert H. Manwaring, IV & Kirsten A. Zeberkiewicz, Morris James LLP, Wilmington, DE for nominal defendant.Case number: 2023-0805-LWW
Reasoning that the master's report in the parties' divorce proceeding had not yet been adopted by the probate court and the defendant had not been removed as a general partner of the Family LP, plaintiff, acting alone, lacked the authority to direct the Family LP through a written consent to remove another board member of nominal defendant.
Sorrento Therapeutics, Inc. v. Mack
Publication Date: 2023-09-18Practice Area:Contracts
Industry:Pharmaceuticals
Court: Court of ChanceryJudge: Vice Chancellor FioravantiAttorneys:For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jamie L. Wine, Steven N. Feldman, Latham & Watkins LLP, New York, NY; Matthew W. Walch, Russell Mangas, Latham & Watkins LLP, Chicago, IL for plaintiffs.For defendant: Elizabeth A. Sloan, Brittany M. Giusini, Fred DeRitis, Ballard Spahr LLP, Wilmington, DE; Paul Lantieri III, Ballard Spahr LLP, Philadelphia, PA; Stephen B. Brauerman, Justin C. Barrett, Bayard, P.A., Wilmington, DE for defendants.Case number: 2021-0210-PAF
Company president was liable for breaching his non-compete and fiduciary duties where the evidence supported finding that he diverted business opportunities to a competing company he founded.
Killen v. Alben
Publication Date: 2023-09-18Practice Area:Family Law
Industry:Court: Delaware Supreme CourtJudge: Justice LeGrowAttorneys:For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.For defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.Case number: 22-04577
Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.