Delaware Breach of Contract Law
 

Katie Rund v. United States of America

Willmington, Delaware personal injury lawyer Chase Brockstedt who represented the Plaintiff who sued on a Federal Tort Claims Act auto negligence theory.

Under Delaware car/auto accident law, negligent drivers can be held liable and ordered to pay civil damages, i.e., fair and reasona... More...
   $1 (05-30-2024 - DE)

Suzanne Grube, et al. v. Boston Scientific Corporation

Wilmington, Delaware personal injury lawyer represented the Plaintiffs who sued on product liability theories.

There are three types of product liability under Delaware law: defective design, defective manufacturing, and breach of warranties. Defective design is defined as manufacturers not designing a product in a way that minimizes all foreseeable risks associated with the product being... More...
   $0 (04-15-2024 - DE)

Karl W. McIntosh v. Allied World Insurance Company

Wilmington, Delaware insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

This case was filed in the Superior Court of DE, N22C-03-00087, and was removed to federal court by Allied World Insurance Company.

There are no statutory grounds for a bad faith cause of action in Delaware. Damages recoverable in a bad faith claim inc... More...
   $0 (04-15-2024 - DE)

United States of America v. Tyron Hines

Washington DC criminal defense lawyer represented the Defendant charged with Assaulting Law Enforcement.

Defendant Hurled Object at Police and Charged Police Line with Stolen Riot Shield



A Texas man was sentenced on March 21, 2024, after he pleaded ... More...    $0 (03-22-2024 - DE)

Alexander Wimbush v. BP Exploration & Production Inc., et al.

Wilmington, Delaware personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory.

"Delaware personal injury negligence law governs situations where someone gets hurt due to another party's carelessness or failure to act reasonably. Here's a breakdown of key aspects:

Duty of care: Property owners, businesses, and individuals all have a duty of ca... More...
   $0 (01-08-2024 - DE)

Daniel S. Samadi, M.D., P.C. and NJHAC, LLC v. Oxford Insurance Company LLC

Wilmington, Delaware insurance law lawyer represented Plaintiffs, Daniel S. Samadi, M.D., P.C. and NJHAC, LLC, which sued Oxford Insurance Company LLC on breach of insurance contract theories claiming to have suffered $75,000 in damages as a result of the breach.... More...    $0 (03-17-2021 - DE)

United States of America v. Carl Chen




Wilmington, DE - Delaware Businessman Sentenced to Federal Prison In Multi-Million Dollar Ponzi Scheme

Carl Chen, owner of Chenmax Properties, Inc., a Delaware Real Estate Investment Trust, and part-owner of Re/Max Sunvest Realty Co., was sentenced today in federal court in... More...
   $0 (08-23-2019 - DE)

Ampro Computers, Inc. v. LXE, LLC, Metrologic Instruments Inc. and Honeywell Scanning & Mobility

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Wilmington, DE - Ampro Computers, Inc. sued LXE, LLC, Metrologic Instruments Inc. and Honeywell Scanning & Mobility on breach of contract theories claiming $10.288 million in damages.... More...    $0 (04-09-2018 - DE)

Moon Express, Inc. v. Intuitive Machines, LLC

Wilmington, DE - Jury Finds In Favor of Intuitive Machines, LLC

Moon Express, Inc. sued Intuitive Machines, LLC on a breach of contract theory relating to work by Intuitive on software and hardware for the MX-1E Moon Express. Intuitive counterclaimed.... More...
   $0 (01-27-2018 - DE)

United States of America v. Joseph L. Capano

Wilmington, DE - Delaware Real Estate Developer Sentenced To 21 Months For Bank Fraud and Environmental Violation

Joseph L. Capano, age 75, of Middletown, Delaware, was sentenced to 21 months of incarceration followed by 12 months of home confinement, after pleading guilty in March 2016 to one count of bank fraud and one count of knowingly violating the Clean Water Act. Capano was also or... More...
   $0 (10-12-2016 - 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”),
bring... More...
   $0 (04-29-2016 - DE)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...    $0 (04-03-2016 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties
submitted in connection with their motions for summary judgment. The parties agreed in
their briefs and at oral argument that there were no disputes of material fact that would
affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions
therefore became “the equivalent of a sti... More...
   $0 (03-01-2016 - DE)

AM General Holdings LLC v. The Renco Group, Inc. -and- The Renco Group, Inc. v. MacAndrews AMG Holdings LLC

These two actions are proceeding in tandem.1 In essence, the Renco Group, Inc. and affiliates (“Renco”) are in a dispute with MacAndrews & Forbes Holdings Inc. and affiliates (“M&F”) about their inter-related investments in Nominal
Defendants AM General Holdings LLC (“Holdco”) and Ilshar Capital LLC (“Ilshar”). Currently pending are two motions: M&F has moved to compel discovery; Renco seek... More...
   $0 (01-01-2016 - DE)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired
preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties
to an LLC agreement that afforded them the voluntary right to sell their preferred units
back to PECO three years later (the “Put Right”). The LLC agreement provides that,
upon exercise of the Put Right, the Company mu... More...
   $0 (01-01-2016 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The
Complaint alleged seven counts against the Defendants: Count I alleges that DNREC
violated numerous statutes to illegally build the Turbine; Count II alleges that the
City violated statutes and zoning ordinances to illegally issue the Building Permit;
Counts III and IV allege violations of the Delaware Freedom... More...
   $0 (01-01-2016 - DE)

SIGA Technologies, Inc. v. PharmAthene

In 2004, SIGA acquired technology for ST-246, an antiviral drug for the treatment of smallpox. At that time, the viability, potential uses, safety, and efficacy of the drug, as well as the likelihood of SIGA obtaining regulatory approval or making sales to the government, were, as is typical in this industry, uncertain. By late 2005, SIGA was running out of money, its largest shareholder, MacAndr... More...    $0 (12-23-2015 - 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 inve... More...
   $0 (12-20-2015 - DE)

Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact... More...    $0 (12-19-2015 - DE)

Glanden v. Quirk

Husband and Wife were married for twenty-two years. They separated in
September 2012, and their divorce became final in 2013. The couple had over $6
million in assets, including a $1.5 million house, investment accounts, retirement
accounts, and other property. Husband worked as an associate and then as a partner in a major law firm,
earning a substantial income. In May 2... More...
   $0 (12-07-2015 - 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 appellate... More...
   $0 (12-01-2015 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”), and ... More...
   $0 (12-01-2015 - DE)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the
―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc.
(―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments
totaling approximately $9 million.3 In 2009, after the Company had difficulty
making their payments, the Housemans and Uni... More...
   $0 (11-20-2015 - DE)

RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

This protest poses four principal questions. First, did the somewhat imprecise identification of the business entity in MPG’s proposals invalidate the contract award to MPG? Second, were MPG’s “business references” proper sources of past performance data for MPG? Third, did DeCA rate and weigh the past performance data for MPG and IDI as required by the evaluation scheme set forth in the solici... More...    $0 (11-18-2015 - DE)

Palisades Collection, LLC, et al. v. Unifund CCR Partners, et al.

The Palisades Parties and the Unifund Parties had a long-standing, continuous and
ongoing relationship. Pursuant to a Master Servicing Agreement, executed on May 28, 2003 (as
amended and restated, the “MSA”), the Palisades Parties purchased certain portfolios of
uncollected consumer debt, retained Unifund to service the portfolios for a Base Fee, and the
parties shared the pro... More...
   $0 (11-03-2015 - DE)

Summers, et al. v. Walnut Ridge Community Association, Inc.

Unless otherwise indicated, the following facts are not in dispute. Walnut
Ridge is a subdivision consisting of 18 single-family homes serviced by a private
road (the “Private Road”). The subdivision originated in 1955, when Daniel B.
Friel and his wife, Helen J. Friel, subdivided their land into 18 lots and sold the lots
for the purposes of residential development. Accordin... More...
   $0 (11-03-2015 - DE)

The Honorable Karen Weldin Stewart, et al. v. Wilmington Trust SP Services, Inc., et al.

This 2nd day of November 2015, upon consideration of the parties’ briefs and the
record below, it appears to the Court that:
(1) On this appeal, a receiver of an insolvent insurer seeks to appeal the Court of
Chancery’s decision to dismiss its claims for breach of contract and professional
negligence against Wilmington Trust, whi... More...
   $0 (11-02-2015 - 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)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in
Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in
Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”),
under which G-P agreed to serve as the general contractor on a significant home
renovation project at Doberstei... More...
   $0 (11-01-2015 - DE)

Ernesto Espinoza v. Mark Zuckerberg, et al

This case presents a question of first impression: Can a disinterested controlling
stockholder ratify a transaction approved by an interested board of directors, so as to shift
the standard of review from entire fairness to the business judgment presumption, by
expressing assent to the transaction informally without using one of the methods the
Delaware General Corporation Law... More...
   $0 (10-28-2015 - 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”) is a... 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)

Merion Capital LP and Merion Capital II LP v. BMC Software, Inc.

BMC is a software company—one of the largest in the world at the time of
the Merger—specializing in software for information technology (―IT‖)
management.3 Specifically, BMC sells and services a broad portfolio of software
products designed to ―simplif[y] and automate[] the management of IT processes,
mainframe, distributed, virtualized and cloud computing en... More...
   $0 (10-21-2015 - DE)

State Farm Mutual Automobile Insurance Co. v. Kelty

Because the facts are not in dispute and have been discussed in previous opinions
by this Court4 and the Superior Court,5 we need not recite them in detail. On August 3,
2008, Kelty was helping his mother-in-law, Shirley Lovegrove, and her husband, John
Lovegrove, trim tree branches on their property. Before Kelty, who was standing in the
tree, cleared a branch, he would fast... More...
   $0 (10-20-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as... More...
   $0 (10-20-2015 - DE)

Intrepid Investments, LLC v. Selling Source, LLC

In August 2010, Defendant Selling Source, LLC (“Selling Source”) acquired
assets (the “Acquired Businesses”) from Plaintiff Intrepid Investments, LLC
(“Intrepid”).1 The Transaction and Purchase Agreement (the “Purchase
Affiliates of both Intrepid and Selling Source were involved. The role of the affiliates is immaterial to the current dispute. The other selling entities later ass... More...
   $0 (10-20-2015 - 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 outstanding, w... More...
   $0 (10-20-2015 - DE)

Microsoft Corporation v. Patent Revue Partners, et al.

Plaintiff, Microsoft Corporation (“Microsoft”), is a Washington corporation with
its principal place of business at One Microsoft Way, Redmond, Washington. Microsoft
continuously has owned Series F Preferred Stock in Nominal Defendant Vadem Ltd.
since 1999. Nominal Defendant Vadem, Ltd. (“Vadem,” “Vadem BVI,” or the “Company”) is
a privately held international business compan... More...
   $0 (10-18-2015 - 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)

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