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  • Lynch v. Jacobs

    Publication Date: 2021-12-07
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michael D. Lynch, Candence B. Lynch, pro se appellants
    for defendant: Miami, FL. Victoria A. Guilfoyle, Brian J. Hall, Blank Rome LLP, Wilmington, DE; Mark S. Indelicato, Jeffrey Zawadski, Hahn Hessen LLP, New York, NY for appellee.
    Case Number: D69637

    Because appellants attempted to re-litigate arguments that were already considered and rejected by the court, their motion to basically re-open their bankruptcy matter failed to satisfy the requirements of either Fed. R. Civ. P. 59(e) or 60(b).

  • RLI Ins. Co. v. Ceradyne Inc.

    Publication Date: 2021-11-02
    Practice Area: Contracts
    Industry: Insurance | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; John E. Howell, Wiley Rein LLP, Washington, DC; Ronald P. Schiller, Bonnie M. Hoffman, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for plaintiffs.
    for defendant: Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; James R. Murray, Kyle P. Brinkman, Blank Rome LLP, Washington, DC; Jared Zola, Blank Rome LLP, New York, NY for defendant.
    Case Number: D69595

    The court held that the most recent contract between the excess insurers and policyholder superseded the excess insurance policy such that the waiting period in the most recent agreement would control when a party could file post-mediation declara-tory judgment action.

  • E. Hedinger AG v. Brainwave Science, LLC

    Publication Date: 2019-02-27
    Practice Area: Contracts | Dispute Resolution
    Industry: Consumer Products | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Robert McHale, McHale Law, Boston, MA for plaintiff.
    for defendant: David A. Dorey and Craig N. Haring, Blank Rome LLP, Wilmington, DE; Jason A. Synderman, John Wixted, and Huaou Yan, Blank Rome LLP, Philadelphia, PA for defendants.
    Case Number: D68471

    Plaintiffs' complaint dismissed in favor of an agreement to arbitrate between the parties, where all of plaintiffs' claims arose from the parties' contract containing an enforceable arbitration clause, which was valid despite naming a non-existent arbitration forum and where defendants had not waived their right to arbitrate before another court.

  • Luster v. Puracap Lab., LLC

    Publication Date: 2019-01-02
    Practice Area: Contractual Disputes
    Industry: Accounting | Consulting | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Brian C. Ralston and Jacob R. Kirkham of Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
    for defendant: David A. Dorey and Adam V. Orlacchio of Blank Rome LLP, Wilmington, DE for defendant.
    Case Number: D68410

    Plaintiff failed to state a claim for breach of the implied duty of good faith and fair dealing where the contract specifically addressed the matter at issue, and defendant did not act unreasonably in requiring plaintiff to give notice prior to entering defendant's facility.