In Gillette Co. v. Dollar Shave Club, Inc., No. 15-1158-LPS-CJB (D. Del. July 23, 2018), Chief Judge Stark denied the defendants’ request to overrule the plaintiffs’ objection to the disclosure of their highly confidential information to the defendants’ invalidity expert. According to the Court, the invalidity expert had recently been employed by a competitor of the…

On July 25, 2018, Delaware Governor John Carney signed into law Senate Bill No. 175 (as amended), which amends the requirements for withholding income tax on the sale of real property by nonresidents, including nonresident pass-through entities, in circumstances involving foreclosure or deeds in lieu of foreclosure. As of the July 1, 2018 effective date, the…

The Honorable Colm F. Connolly and the Honorable Maryellen Noreika have been sworn in as United States District Judges for the District of Delaware and will be assigned cases beginning on August 15.  Please see the full announcement from the District Court here.…

On July 23, 2018, Delaware Governor John Carney signed into law Senate Bill No. 183, which amends the Delaware Limited Liability Company Act. The legislation addresses a number of aspects of Delaware limited liability companies; however, the amendment most affecting commercial real estate transactions is the creation of a new type of Delaware series LLC known…

On August 1, 2018, the United States Senate confirmed the nominations of Colm F. Connolly and Maryellen Noreika to be United States District Judges for the District of Delaware. The nominations had been pending since December of 2017. Connolly and Noreika will fill the judicial vacancies created by now-retired Judge Sue L. Robinson’s taking of senior…

In the second quarter of 2018, the Delaware Superior Court’s Complex Commercial Litigation Division saw the appointment of Judge Abigail M. LeGrow to the panel. Judge LeGrow joins judges Mary M. Johnston, Eric M. Davis, and Paul R. Wallace.

In WoodSpring Hotels LLC v. National Union Fire Insurance Co. of Pittsburgh, PA, 2018 WL 2085197 (Del. Super. Ct.), Judge Davis granted a Motion for Partial Summary Judgment in an insurance coverage dispute. In this case, plaintiff WoodSpring Hotels LLC obtained a directors and officers insurance policy (the “Policy”) from defendant National Union Insurance Co. of…

In Otto Candies, LLC v. KPMG LLP, 2018 WL 1960344 (Del. Super. Ct.), Judge Wallace held that the Delaware Superior Court lacked jurisdiction to hear the dispute because the claims, as pled, sounded in negligent misrepresentation. The action stemmed from alleged fraud carried out by Oceanografia S.A. de C.V, an offshore oil services company; Citigroup, Inc.;…

In DRIT LP v. Glaxo Group Ltd., C.A. No. N16C-07-218-WCC-CCLD (Del. Super. Ct. Apr. 25, 2018) (ORDER), Judge Carpenter granted the plaintiff’s Motion for Leave to File an Amended Complaint to add an additional count for breach of contract to the litigation. The motion for leave to amend, filed five months before trial, sought to add…

In Viking Pump, Inc. v. Century Indemnity Co., 2018 WL 2331990 (Del. Super. Ct.), Judge Wallace denied the plaintiff’s motion to set judgment amounts and prejudgment interest. This long-running insurance coverage dispute arose from underlying asbestos-related personal injury claims. One of the plaintiffs, Warren Pumps LLC, sought declaratory relief against several excess insurers for defense costs.…