Delaware Estoppel Law
 
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)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA”) is an incorpo... 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)

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)

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)

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)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company
organized under the laws of the Island of Guernsey, Channel Islands in August 2006
The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integral to th... More...
   $0 (09-14-2015 - DE)

Lieberman v. Electrolytic Ozone, Inc.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First
State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC
(“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank
(“IDB”). That case, which the parties have referred to as the “Related Action,” involved
the mishandling of collateral—rare c... More...
   $0 (08-31-2015 - DE)

Israel Discount Bank of New York v. Higgins, et al.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First
State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC
(“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank
(“IDB”). That case, which the parties have referred to as the “Related Action,” involved
the mishandling of collateral—rare c... More...
   $0 (08-31-2015 - DE)

Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede... More...    $0 (08-11-2015 - DE)

Betty Bantum v. New Castle County Vo-Tech Education Association

Title 14, section 1056(h) of the Delaware Code provides that “[a]ny school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.” Plaintiff- Below/Appellant, Betty Bantum, allegedly suffered injuries when she slipped and fell on a... More...    $0 (05-18-2011 - DE)

Key Properties Group, LLC v. City of Milford

Key Properties Group, LLC (“Key”), appeals from a Superior Court Final Award of Compensation Order and related orders. Those orders resolved a condemnation action, filed by the city of Milford (“Milford” or the “City”), to obtain temporary construction and permanent utility easements thorough Key’s Hearthstone Manor development (“Hearthstone Manor”). Before entering the Award Ord... More...    $0 (03-11-2010 - DE)

Billie Lynn Thompson v. John R. Lynch

In this appeal we consider whether the Court of Chancery lacked subject matter jurisdiction to partition a parcel of land, and whether its decision was based on an adequate factual record. After the partition process had concluded, and appellants learned that they would not receive the divided parcel they wanted, they claimed that the trial court lacked jurisdiction to partition the land because i... More...    $0 (02-25-2010 - DE)

Emmanuel N. Lazaridis v. Lavina Tina Wehmer

Pro se appellant Emmanuel Lazaridis filed a complaint in the United States District Court for the District of Delaware raising various constitutional and statutory claims relating to child custody proceedings and the registration of foreign custody orders in the state of Delaware against his ex-wife, her attorneys, and the Delaware Attorney General. Lazaridis now appeals from the District Court’... More...    $0 (01-07-2010 - DE)

Reserves Development, L.L.C. v. Crystal Properties, L.L.C.

In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judge’s reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461... More...    $0 (11-04-2009 - DE)

Motorola Inc. v. Amkor Technology, Inc.

Motorola, Inc. (“Motorola”) appeals the order of judgment in favor of Amkor Technology, Inc. (“Amkor”) following a bench trial in Superior Court. Motorola argues that the trial court erred 1) by not judicially estopping Amkor from changing its argument concerning the relationship of two clauses of a Patent License Agreement (“PLA”); 2) by not entering judgment as a matter of law based ... More...    $0 (10-08-2008 - DE)

Cordis Corporation v. Medtronic Ave, Inc.

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These consolidated appeals arise from two related cases in the United States District Court for the District of Delaware. In both cases, Cordis Corp. alleged that the defendants had infringed its patents covering vascular stents that are used to treat coronary artery disease. After separate trials, Cordis obtained jury verdicts of infringement against defendant Medtronic AVE, Inc., ("AVE") i... More...    $0 (01-10-2008 - DE)

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