Complex Commercial Litigation Update

May 16, 2019


The first quarter of 2019 was a busy one in the Superior Court’s Complex Commercial Litigation Division (“CCLD”). In this quarter, the judges addressed issues dealing with the intersection between the equitable jurisdiction of the Delaware Court of Chancery and the legal jurisdiction of the Superior Court. In addition, the Court held a trial in an M&A dispute—an increasing area of activity for the CCLD (along with trade secret and other technology disputes). For more information about the CCLD or past issues of this mailing, please visit our website.

Judge Davis Completes Week-Long Trial in M&A Dispute
Judge Davis completed a week-long bench trial in Flowshare v. GeoResults, C.A. No. N17C-07-227 EMD CCLD, on April 12, 2019.  Plaintiffs Flowshare, LLC and its founder, Eric Fogle, brought this action on July 21, 2017 asserting various claims of fraud and breach of contract arising out of a purchase agreement for the assets of GeoResults, Inc.  GeoResults and the Sellers answered the plaintiffs’ claims and asserted five counterclaims.  

Judge LeGrow Denies Defendant’s Motion to Dismiss
In Sun Life Assurance Company of Canada − U.S. Operations Holdings, Inc. v. Group One Thousand One, LLC f/k/a Delaware Life Holdings, LLC, C.A. No. N18C-07-173 AML CCLD, Judge LeGrow denied the defendant’s motion to dismiss or, in the alternative, to transfer finding that the Superior Court had jurisdiction over the plaintiff’s breach of contract action.  

Judge Davis Announces Preliminary Decision on Summary Judgment Motion Prior to Releasing Full Opinion in Order to Help Parties Better Prepare for Trial
In Optical Air Data Systems, LLC v. L-3 Communications Corp., et al., C.A. No. N17C-05-619 EMD CCLD, Judge Davis granted partial summary judgment in favor of the defendants and counterclaim plaintiffs L-3 Communications Corporation, Display Systems Division, and L-3 Communications Avionics Systems, Inc. (collectively, “L-3”).    

Judge Carpenter Denies Motion to Dismiss Breach of Contract and Indemnification Claims
In Cooper Industries, LLC v. CBS Corporation, C.A. No. N18C-03-175 WCC CCLD, Judge Carpenter denied defendant CBS Corporation’s motion to dismiss, which sought dismissal of plaintiff Cooper Industries, LLC’s breach of contract and indemnification claims. 

Judge Davis Finds Claims for Attorneys’ Fees Subject to Separate Statute of Limitations Analysis
In Winshall v. Viacom International, Inc., C.A. No. N15C-06-137 EMD CCLD, Judge Davis denied the plaintiff’s motion for partial summary judgment and granted in part the defendant’s motion for summary judgment on all counts. 

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