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  • Lima USA, Inc. v. Mahfouz

    Publication Date: 2021-12-21
    Practice Area: Contractual Disputes
    Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David E. Wilks, Scott B. Czerwonka, Wilks Law, LLC, Wilmington, DE; Jordan E. Stern, William H. Newman, Becker, Glynn, Muffly, Chassin & Hosinski, LLP, New York, NY for plaintiff.
    for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; David B. Anthony, Berger Harris LLP, Wilmington, DE; Beth A. Bryan, Taft Stettinius & Hollister, LLP, Cincinnati, OH for defendants.
    Case Number: D69649

    The court held that plaintiff's claims were not ripe or justiciable and its breach of representations claim failed to state a claim where plaintiff did not and could not plead damages.

  • Lima USA, Inc. v. Mahfouz

    Publication Date: 2021-09-15
    Practice Area: Contractual Disputes
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David E. Wilks, Scott B. Czerwonka, Wilks Law, LLC, Wilmington, DE; Jordan E. Stern, William H. Newman, Becker, Glynn, Muffly, Chassin & Hosinski, LLP, New York, NY for plaintiff.
    for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; David B. Anthony, Berger Harris LLP, Wilmington, DE; Beth A. Bryan, Taft Stettinius & Hollister, LLP, Cincinnati, OH for defendants.
    Case Number: D69539

    The court rejected plaintiff's motion for a stay and granted defendant's motion to dismiss because plaintiff's lawsuit was based on contingent events and was not yet ripe for litigation.