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  • Buck v. Viking Holding Mgmt. LLC

    Publication Date: 2024-10-29
    Practice Area: Labor Law
    Industry: Accounting | Advertising
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE for plaintiff.
    for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper US LLP, Wilmington, DE for defendant.
    Case Number: N20C-08-249 MAA CCLD

    Court rejected defendant's challenges to the court's factual findings where there was sufficient evidence to support plaintiff's allegations that a report justifying his termination was "manufactured."

  • Buck v. Viking Holding Mgmt. Co. LLC

    Publication Date: 2024-10-15
    Practice Area: Contractual Disputes
    Industry: Accounting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE; Lawrence P. Schaefer, Bert Black, Mack H. Reed, Timothy S. Christensen, Anne C. Bolgert, Schaefer Halleen, LLC, Minneapolis, MN for plaintiff.
    for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper, LLP, Wilmington, DE for defendant.
    Case Number: N20C-08-249 MAA CCLD

    Employer's reasons for terminating employee with cause were manufactured as employee's actions did not rise to the level of gross negligence or a breach of misconduct as the actions ultimately resolved the company's accounting issues, and thus employer did not have right to reclaim employee's equity interest for $0.

  • Talkdesk, Inc. v. DM Trans, LLC

    Publication Date: 2024-07-02
    Practice Area: Contracts
    Industry: Call Centers | Cargo and Shipping | E-Commerce | Software
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Matthew J. Jacobs, Jessica S. Heim, Emily Margolis, DLA Piper LLP, San Francisco, CA for plaintiff.
    for defendant: Rudolf Koch, Elizabeth J. Freud, Nicholas F. Mastria, Richards, Layton & Finger P.A., Wilmington, DE; Michael T. Jones, Ashley V. Hart, Holland & Knight LLP, Boston, MA for defendant.
    Case Number: N23C-08-005 MAA CCLD

    Court declined to dismiss breach of contract claims where defendant adequately alleged that plaintiff's services failed to achieve the bargained-for availability, with disputes over the calculation of availability requiring further discovery.

  • Gerlofs v. Citizens Bank

    Publication Date: 2024-05-13
    Practice Area: Mergers and Acquisitions
    Industry: Financial Services and Banking | Consumer Products | Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Christopher P. Simon, Kevin S. Mann, Cross & Simon, LLC, Wilmington, DE for petitioner.
    for defendant: Ronald N. Brown, III, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Thomas R. DeCesar, K&L Gates LLP, Harrisburg, PA for respondents.
    Case Number: N23C-09-178 MAA CCLD

    Plaintiff became solely responsible for escrow agent's legal fees and costs when she refused agent's request to interplead escrow funds and terminate its involvement in the dispute, where the parties' escrow agreement expressly contemplated the agent's non-involvement in disputes over escrow funds.

  • Buck v. Viking Holding Mgmt. Co. LLC

    Publication Date: 2024-02-26
    Practice Area: Contractual Disputes
    Industry: Accounting | Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE; Lawrence P. Schaefer, Bert Black, Mack H. Reed, Timothy S. Christensen, Anne C. Bolgert, Schaeffer Halleeen, LLC, Minneapolis, MN for plaintiff.
    for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper, LLP, Wilmington, DE for defendant.
    Case Number: N20C-08-249 MAA CCLD

    Court denied parties' cross-motions for summary judgment where finding cause for termination was a condition precedent to employer's option to repurchase employee's equity at original cost and where there were genuine issues of material fact as to whether cause existed.

  • 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.

  • Zilberstein v. Frankenstein

    Publication Date: 2021-11-30
    Practice Area: Civil Procedure
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Antranig N. Garibian, Garibian Law Offices PC, Wilmington, DE for plaintiff.
    for defendant: Matthew P. Denn, Peter H. Kyle, DLA Piper LLP, Wilmington, DE for defendant.
    Case Number: D69625

    The court found that the application of the CryoMaid factors weighed in favor of staying the case pending in Delaware in favor of the Israeli litigation based on the doctrine of forum non conveniens.