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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.

  • 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.

  • 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.

  • Sierra Club v. Pruitt

    Publication Date: 2017-08-29
    Practice Area: Environmental Law
    Industry:
    Date Filed: 2017-08-28
    Court: 9th Cir.
    Judge: Susan Illston, District Judge, Presiding Before: J. Clifford Wallace, M. Margaret McKeown, and Jay S. Bybee, Circuit Judges.
    Attorneys: For plaintiff: Zachary M. Fabish (argued), Sierra Club Environmental Law Program, Washington, D.C.; Paul R. Cort, Earthjustice, San Francisco, California; Nicholas Morales and David S. Baron, Earthjustice, Washington, D.C.; for Plaintiffs-Appellees Sierra Club and Natural Resources Defense Council.
    for defendant: J. David Gunter II (argued) and Martha C. Mann, Attorneys; John C. Cruden, Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Michael Thrift, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Defendant-Appellee.
    Case Number: No. 15-15894

    States' objections to consent decree unavailing (McKeown, J.)