Complex Commercial Litigation Update

February 21, 2023

Publication| Commercial Litigation

In the last quarter of 2022, the Complex Commercial Litigation Division (“CCLD”) remained busy, with the CCLD’s four judges addressing issues stemming from contract cases, including LLC disputes.  Judge Adams, who was recently appointed as a CCLD judge, also provided a helpful glimpse into how the CCLD prepares cases for trial in resolving several Daubert motions and pre-trial evidentiary motions in connection with an upcoming jury trial this year.  Finally, the CCLD’s already busy docket may become even busier, as the Delaware Court of Chancery recently wrestled with whether certain statutes that provide that cases “may” be brought in the Court of Chancery “grant[] the court discretion to decline jurisdiction over the categories of claims described in the statute where those claims do not otherwise implicate the court’s subject matter.”  Shareholder Representative Services, LLC v. DC Capital Partners Fund II, LP, et al., C.A. No. 2021-0465-KSJM, order (Del. Ch. Mar. 15, 2022) (certifying interlocutory appeal on whether 8 Del. C. § 111 vested the Court of Chancery with discretion to decline jurisdiction).  Given the high case load, perhaps it is no surprise that the CCLD added a fifth judge, Judge Sheldon K. Rennie, effective January 1, 2023.  For more information on the CCLD, please visit our website.    

Judge Davis Denies Motion to Dismiss Breach of Contract Claims Stemming from LLC Dispute
In Connorex-Lucinda, LLC v. Rex Res Holdings, LLC, et al., C.A. No. N22C-01-186 EMD CCLD, Judge Davis denied the defendants’ motion to dismiss the plaintiff’s breach of contract claims.  The underlying dispute arose after Connorex-Lucinda, LLC and REX Res Holdings, LLC entered into an LLC agreement to create joint venture Rex Residential Venture, LLC (“Venture”). 

Judge Adams Rules on Admissibility of Expert Testimony, Evidence, and Argument in Years-Long Quantum Meruit Damages Action as Case Proceeds to Trial
In LCT Capital, LLC v. NGL Energy Partners LP and NGL Energy Holdings LLC, C.A. No. N15C-08-109 MAA CCLD, plaintiff LCT Capital originally asserted claims for breach of contract, quantum meruit/unjust enrichment, and fraudulent misrepresentation against NGL arising out of NGL’s failure to pay LTC for services performed in connection with its acquisition of a company called TransMontaigne. 

Judge Davis Grants Motion for Judgment on the Pleadings and Enforces Limitation of Liability Clause
In Gone GB LTD, et al. v. Intel Services Division, LLC, et al., C.A. No. N21C-05-198 EMD CCLD, plaintiffs Gone LTD and Ori Gersht asserted eight claims against Intel Services Division, LLC and Intel Corporation (jointly, “Intel”) based on Intel’s alleged wrongful termination of an agreement for the development of imaging technology and various related torts. 

Judge LeGrow Denies Motion to Dismiss Breach of Contract, Unjust Enrichment, and Promissory Estoppel Claims
In Parma VTA LLC v. Parma GE 7400, LLC, C.A. No. N22C-03-092 AML CCLD, Judge LeGrow denied a motion by defendant Parma GE 7400, LLC to dismiss claims of breach of contract, unjust enrichment, and promissory estoppel asserted by plaintiff Parma VTA LLC in its amended complaint.

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