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  • March 5, 2024 | New Jersey Law Journal

    New Partners Yearbook 2024

    Congratulations to these new partners, made and hired laterally over the past year.

    46 minute read

  • March 3, 2023 | Litigation Daily

    Another Insanely Impressive Batch of Litigator of the Week Runners-Up and Shout Outs

    Lead runners-up at Gibson, Dunn & Crutcher got the first directed verdict of no infringement from U.S. District Judge Alan Albright in Waco, Texas.

    7 minute read

  • Liborio III L.P. v. Artesian Water Co., Inc.

    Publication Date: 2023-02-28
    Practice Area: Public Utilities
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno, P.A., Wilmington, DE for plaintiff
    for defendant: Colin D. Dougherty, Fox Rothschild LLP, Blue Bell, PA; Courtney A. Emerson, Artesian Water Company, Inc., Wilmington, DE for defendant.
    Case Number: N22C-06-109 PRW

    Breach of contract and fraud claims dismissed where public utility regulations plainly applied to parties' subsequently adopted water services agreement and the agreement explicitly referenced the applicability of the regulation to the agreement.

  • Ent. Data Oracle, Inc. v. iSpot.tv, Inc.

    Publication Date: 2022-12-20
    Practice Area: Corporate Entities
    Industry: Advertising | Software
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Garrett B. Moritz, Elizabeth M. Taylor, Ross Aronstam & Moritz LLP, Wilmington, DE; Demian A. Ordway, Timothy W. Grinsell, Victoria Roeck, Holwell Shuster & Goldberg LLP, New York, NY for plaintiff.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Gavin W. Skok, Fox Rothschild LLP, Seattle, WA for defendant.
    Case Number: N22C-06-133

    The court denied a motion to dismiss a claim in Delaware under the McWane Doctrine on the basis that a separate action between the parties in California raised different issues.

  • State of Delaware Ins. Coverage Office v. DiSabatino Constr. Co.

    Publication Date: 2022-03-29
    Practice Area: Contracts
    Industry: Construction | Insurance | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Allison McCowan, Sarah Fruehauf, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Michael J. Follet, Naulty, Scaricamazza & McDevitt, L.L.C., Wilmington, DE; Kenneth M. Doss, Casarino Christmas Shalk Ransom & Doss, P.A., Wilmington, DE, for defendants.
    Case Number: D69763

    Parties' manifested intent to be bound to contract form where use of the forms was contemplated by the project proposal and one party executed the contract forms at the explicit request of the other party.

  • Toedtman v. Turnpoint Med. Devices, Inc.

    Publication Date: 2019-02-06
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting | Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
    for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.
    Case Number: D68452

    Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.

  • Goggin v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-12-12
    Practice Area: Corporate Governance | Insurance Law
    Industry: Energy | Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Seth B. Schafler and Seth D. Fiur, Proskauer Rose, LLP, New York, NY for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild, LLP, Wilmington, DE; Joseph Collins, Fox Rothschild, LLP, Chicago, IL for defendant.
    Case Number: D68383

    Exclusionary clause of Directors & Officers insurance policy applied where claims against former directors would not have arisen but for their formation and use of investment vehicles, of which they were managers/members, to enrich themselves at the expense of the corporation for which they were directors and the corporation's creditors.

  • September 19, 2018 | Delaware Business Court Insider

    Del. Discovery Updates 2018: Little Tolerance for Failure to Adhere to Deadlines

    Both the Delaware Court of Chancery and the Delaware Superior Court emphasize that discovery must proceed in a timely manner in accordance with the scheduling order entered by the court. Litigants who delay in bringing their discovery disputes before the court may find themselves without a remedy.

    1 minute read

  • May 4, 2018 | Delaware Law Weekly

    Judge: National Union Fire Insurance Liable for Up to $10M in Hotel Chain's Legal Costs

    Delaware Superior Court Judge Eric Davis said that even if some of the claims in the underlying lawsuit were outside the scope of WoodSpring Hotels' policy with National Union Fire Insurance, the insurer still had a duty to defend the claims.

    1 minute read

  • June 28, 2017 | Delaware Law Weekly

    Stark Upholds Instant Removal of Dozens of Products Cases

    A Delaware federal judge has upheld the quick removal of 33 products liability cases from state to federal court, in a blow for plaintiffs who argued the move violated the forum-defendant rule.

    1 minute read