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  • RGIS Int'l Transition Holdco, LLC v. Retail Serv. WIS Co.

    Publication Date: 2024-02-26
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Christopher P. Simon, David G. Holmes, Cross & Simon, LLC, Wilmington, DE; Jed M. Schwartz, Christopher Almon, Michael T. Frieda, Milbank LLP, New York, NY for plaintiffs.
    for defendant: Steven T. Margolin, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
    Case Number: N21C-12-077

    Conspiracy and aiding and abetting fraud claims against corporate officers failed where there were no allegations that officers acted out of some personal motivation rather than in their officer roles, precluding an exception to the rule that a corporation cannot conspire with its officers.

  • Festival Fun Parks, LLC v. MS Leisure Co.

    Publication Date: 2024-01-08
    Practice Area: Mergers and Acquisitions
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Ian M. Ross, Sidley Austin LLP, Miami, FL for plaintiff.
    for defendant: Lisa Zwally Brown, Brian T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
    Case Number: N23C-03-304 EMD CCLD

    Although affirmative defenses of credits for excess payments or set-off were insufficiently pled, they were enough to put plaintiff on notice that defendants were contesting the amounts due, thereby precluding judgment on the pleadings.

  • CoVenture Burt Credit Opportunities GP, LLC v. Coleman

    Publication Date: 2023-11-13
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Lisa Zwally Brown, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Gabriel Aizenberg, Scott Mendeloff, Aaron S. Klein, Greenberg Traurig, LLP, Chicago IL for plaintiff.
    for defendant: Richard I.G. Jones, Jr., Michael W. McDermott, Berger Harris LLP, Wilmington, DE; Steven R. Campbell, Scott M. O’Brien, Alston & Bird LLP, New York, NY for defendant.
    Case Number: N22C-07-197 MMJ CCLD

    Court dismissed fraud claims against corporate controller where alleged fraudulent behavior merely constituted a breach of the controller's contractual obligations.

  • LCT Capital, LLC v. NGL Energy Partners LP

    Publication Date: 2023-07-03
    Practice Area: Contracts
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
    for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.
    Case Number: N15C-08-109 JJC CCLD

    Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.

  • Olsen v. Fisher-Price, Inc.

    Publication Date: 2023-01-17
    Practice Area: Wrongful Death
    Industry: Consumer Products | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Robert Leoni, Shelsby & Leoni, P.A., Wilmington, DE; Alan M. Feldman, Daniel J. Mann, Edward S. Goldis, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, Philadelphia, PA for plaintiffs.
    for defendant: Liza Zwally Brown, Corrine R. Moini, Greenberg Traurig, LLP, Wilmington, DE for defendants.
    Case Number: N21C-02-097 WCC

    Although Missouri law did not allow application of the discovery rule to toll or extend the statute of limitations on wrongful death claims, defendants could be equitably estopped from asserting a statute of limitations defense if they engaged in intentional concealment of evidence of the dangerous nature of their product.

  • LCT Capital, LLC v. NGL Energy Partners LP

    Publication Date: 2023-01-03
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John L. Reed, Daniel Klusman, DLA Piper LLP, Wilmington, DE for plaintiff.
    for defendant: Steven T. Margolin, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig, LLP, New York, NY for defendants.
    Case Number: N15C-08-109 MAA CCLD

    The court granted in part and denied in part motions to exclude evidence and testimony submitted by both parties to a breach of contract case.

  • Outbox Sys., Inc. v. Trimble Inc.

    Publication Date: 2022-09-06
    Practice Area: Contracts
    Industry: Consulting | Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Patricia L. Enerio, Jamie Brown, Heyman Enerio Gattuso & Hirzel, Wilmington, DE; Gerry Silver, Sullivan & Worcester LLP, New York, NY for plaintiff.
    for defendant: Steven T. Margolin, Samuel L. Moultrie, Greenberg Traurig LLP, Wilmington, DE for defendant.
    Case Number: D69944

    Account stated claim dismissed where duplicative of a well-pleaded breach of contract claim and where plaintiff had failed to adequately plead the existence of a debt or account or defendant's express admission to an amount due under such account or debt.

  • Owens v. Lead Stories, LLC

    Publication Date: 2021-08-04
    Practice Area: Social Media
    Industry: E-Commerce | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Sean J. Bellew, Bellew LLC, Wilmington, DE; Todd V. McMurtry, Jeffrey A. Standen, Hemmer DeFrank Wessels, PLLC, Fort Mitchell, KY; John P. Coale, Washington, DC for plaintiffs.
    for defendant: Garvan McDaniel, Hogan McDaniel, Wilmington, DE; Craig Weiner, Reena Jain, Akeman LLP, New York, NY; Steven T. Margolin, Lisa Zwally Brown, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Michael J. Grygiel, Cynthia Neidl, Greenberg Traurig, LLP, Albany, NY; Michael Pusateri, Greenberg Trau-rig, LLP, Washington DC for defendants.
    Case Number: D69490

    The court dismissed plaintiffs' defamation, unfair competition and tortious interference claims because they failed to demonstrate that defendants' statements were false or made with actual malice.

  • Parexel Int'l (IRL) Ltd. v. Xynomic Pharm., Inc.

    Publication Date: 2020-09-16
    Practice Area: Contractual Disputes
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: A. Thompson Bayliss and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Kurt S. Kusiak, Fitch Law Partners LLP, Boston, MA for plaintiff.
    for defendant: Lisa Zwally Brown and Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE for defendant.
    Case Number: D69123

    Although defendant did not object to invoices, plaintiff was not entitled to summary judgment because defendant raised issues of material fact regarding plaintiff's failure to perform multiple aspects of the parties' agreement.

  • Griffy v. USAA Cas. Ins. Co.

    Publication Date: 2020-07-29
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: John S. Spadaro, John Sheehan Sparadro, LLC, Smyrna, DE for plaintiff.
    for defendant: Lisa Z. Brown, Greenberg Traurig, LLP, Wilmington, DE for defendant.
    Case Number: D69063

    Court dismissed claim where plaintiff was seeking a declaratory ruling on how an insurer would hypothetically pay out statutory interest on a claim for PIP benefits, meaning there was no live controversy between the parties.