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  • 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.

  • 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.