Delaware Reformation of Instrument Law

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ <table> <td>

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mothe... More...

$0 (09-09-2018 - DE)

Brinckerhoff v. Enbridge Energy Company, Inc

The facts are drawn from the Complaint, the operative limited partnership agreements, other documents that are integral to the Complaint and matters of which the Court may take judicial notice. a. The Parties Plaintiff Peter Brinckerhoff (“Brinckerhoff” or “Plaintiff”), individually and as trustee of the Peter R. Brinckerhoff Rev. Tr. U.A. DTD 10/17/97 (the “Trust”)... More...

$0 (04-29-2016 - DE)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖) for a limited purpose. After raising money from investors, the Partnership would purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial public offering. Preferably once Facebook had completed a successful IPO, the Partnership would distribute to its in... More...

$0 (12-20-2015 - DE)

Juan Restrepo-Duque v. State Of Delaware

On February 14, 2010, Kenton Wesley Wolf was shot with a BB gun and stabbed to death in his Smyrna residence. The police arrested Juan Restrepo Duque (“Restrepo”), an eighteen-year-old Colombian national who had been living in the U.S. for seven years, and charged him with Wolf’s murder. A Superior Court jury found Restrepo guilty of second degree murder, possession of a deadly weapon dur... More...

$0 (12-20-2015 - DE)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court, counsel for RBC emphasized that RBC “intentionally made appellate arguments that do not require this Court to review findings of fact.” Although RBC has chosen to avoid any direct and specific challenge to the facts as found by the trial court, this Court, nevertheless, has examined the appel... More...

$0 (12-01-2015 - DE)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary, Revolution. Tidel‟s majority stockholder, however, had high expectations for Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were separated into two indep... More...

$0 (11-01-2015 - DE)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and struggling asset management firm. Over the course of a decade, Finger Lakes sponsored investments in five portfolio companies. Each time, Finger Lakes formed a different Delaware limited liability company as a special purpose vehicle for the investment. Non-party Lyrical Partners, L.P. (“Lyrical�... More...

$0 (10-27-2015 - DE)

In re Genelux Corporation

Plaintiff Genelux Corporation (the ―Company‖) is a privately held, clinical stage biopharmaceutical company incorporated in Delaware and headquartered in San Diego, California, with additional operations in Germany. Intervenor, Dr. Aladar Szalay, along with Dr. Douglas Will and Dr. John Thomas (together, the ―Founders‖), founded Genelux around 2001. In... More...

$0 (10-22-2015 - DE)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger agreement provided for stockholders to receive $24 per share. Based on the number of fully diluted shares of TIBCO outstandin... More...

$0 (10-20-2015 - DE)

Hartley v. Consolidated Glass Holdings, Inc

To understand the arguments that have been raised in this case, it is easier first to describe what HFA is not, rather than what it is. HFA is not a recorded subdivision in Sussex County. There is no plot plan, recorded or otherwise, showing the numbered lots within HFA. Instead, HFA consists of several parcels of land along a private road near Bridgeville.1 These parcels w... More...

$0 (10-04-2015 - DE)

Garnet O'Marrow and Clarence Gardner v. Dean P. Roles, Jr., d/b/a D&M Training

To understand the arguments that have been raised in this case, it is easier first to describe what HFA is not, rather than what it is. HFA is not a recorded subdivision in Sussex County. There is no plot plan, recorded or otherwise, showing the numbered lots within HFA. Instead, HFA consists of several parcels of land along a private road near Bridgeville.1 These parcels w... More...

$0 (10-04-2015 - DE)

Eitan Konstantino v. AngioScore, Inc., et al.

Plaintiff Dr. Eitan Konstantino was one of the founders of Angioscore. Konstantino served as an officer of AngioScore from its formation in 2003 until March 31, 2007, and as a director of AngioScore from 2003 until February 5, 2010. AngioScore is a Delaware corporation. It develops, manufactures, and markets the AngioSculpt Scoring Balloon Catheter (“AngioSculpt”) for bo... More...

$0 (10-04-2015 - DE)

Deutsche Bank National Trust Company v. Helene Hines, Jeffrey Hines, and George Edward Kennedy

The background of this case is lengthy and somewhat complicated. On June 7, 2004, Defendant Helene Hines conveyed real property located at 302 S. Ocean Drive, South Bethany, Delaware (hereinafter “the Property”), to Villa Oceana, LLC.4 Thereafter, by deed dated February 25, 2005, Villa Oceana, LLC conveyed the Property to Defendants Jeffrey Hines and Helene Hines as tena... More...

$0 (09-18-2015 - DE)

Dov Charney v. American Apparel, Inc.

Plaintiff Dov Charney, a California resident, is the founder and former Chairman and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner of approximately 42.3% of the Company. Charney and the Company are parties to an Indemnification Agreement dated as of March 6, 2008 (the “Indemnification Agreement”), and an Employment Agreement effective ... More...

$0 (09-14-2015 - DE)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held Delaware corporation. Through subsidiaries, it operated three business units: Caris Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable. TargetNow generated revenue but not profits. Carisome was in the developmental stage. To achieve the dual goals... More...

$16260332 (07-28-2015 - DE)

Angelo Galantino v. Alession M. Baffone, Jr.

25 Del. C. Â§ 2108 grants priority to a "purchase money mortgageâ€ that satisfies the conditions prescribed by that statute.1 The issue presented on this appeal is whether the parol evidence rule requires that a person who claims to hold a "purchase money mortgageâ€ must prove his purchase money mortgage holder status solely by reference to the mortgage instrument itself. The Superior ... More...

$0 (04-16-2012 - DE)

Danielle M. Stewart v. Thomas D. Stewart

The respondent-appellant, Danielle M. Stewart (the "Wifeâ€), appeals from a Family Court final judgment in favor of the petitioner-appellee, Thomas D. Stewart (the "Husbandâ€), arising from the Husband's Petition to Modify Alimony and the Wife's Motion for Specific Performance and Rule to Show Cause. In this appeal, the Wife contends that the Family Court erred when it reformed the parti... More...

$0 (03-15-2012 - DE)

Santosh Reddy, M.D. v. The PMA Insurance Company

The defendant-appellant, Dr. Santosh Reddy ("Dr. Reddyâ€), appeals from the final judgment that was entered by the Superior Court in favor of the plaintiffs-appellees, PMA Insurance Co. and CNA Insurance Co., as subrogees of Harbor Health Care and Rehabilitation Center, Inc. (collectively known as "Harbor Healthâ€). Dr. Reddy raises two issues in this appeal. First, he contends that the ... More...

$0 (05-31-2011 - DE)

Mark Banaszak v. Progressive Direct Insurance Company

In this appeal, Mark Banaszak seeks reversal of a trial judge's decision to grant in part and deny in part his motion for summary judgment. Banaszak contends that Progressive failed to offer him underinsured motorist coverage pursuant to 18 Del. C. Â§3902(b) and seeks to reform his insurance policy up to the $100,000 limit of his "liabilityâ€ or bodily injury coverage (BI). He contends that... More...

$0 (08-31-2010 - DE)

Marguerite F. Freeman v. X-Ray Associates, P.A. and Randall W. Ryan, M.D.

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. Â§ 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman's liver biopsy was... More...

$0 (07-22-2010 - DE)

Robert McLaughlin, et al. v. Robert F. McCann, et al.

This dispute involves the familiar small business deal gone bad story. The agreement underlying the transaction contains an arbitration clause that one side of the transaction wishes to enforce and the other side wishes to avoid. The particular issue addressed in this decision is who - this court or an arbitrator - should decide whether and to what extent the parties' claims should be arbi... More...

$0 (02-21-2008 - DE)