In Air Products & Chemicals, Inc. v. Eric P. Wisemann et al., C.A. No. 14-1425-SLR (Feb. 27, 2017), Judge Robinson denied the defendants’ motion to sanction plaintiff Air Products and Chemicals, Inc. (“Air Products”) based on alleged spoliation of evidence. Although the defendants originally filed the motion for sanctions before trial, the Court held the motion…

In Green Mountain Glass, LLC et al. v. Saint-Gobain Containers, Inc., C.A. No. 14-392-GMS (D. Del. February 24, 2017), Judge Sleet denied the plaintiffs’ request for leave to file four partial motions for summary judgment and the defendant’s request for leave to file a motion for summary judgment. The plaintiffs sought leave to file: (1) a…

In the first quarter of 2017, the CCLD judges issued notable decisions concerning fraudulent inducement claims and addressed legal doctrines common in bankruptcy proceedings.

In Alltrista Plastics, LLC d/b/a Jarden Plastic Solutions v. Rockline Industries, Inc., C.A. No. N12C-09-094 (Del. Super. January 18, 2017), President Judge Jurden relieved a defendant in a breach-of-contract action from an adverse judgment after invoking her “plenary power to vacate, modify, or set aside judgments or orders where reasonably necessary to ensure the proper administration…

In Riverside Fund v. Shyamsundar, C.A. No. N14C-10-038-EMD-CCLD, Judge Davis denied defendant Visagar Shyamsundar’s (“Shyamsundar”) motion for spoliation sanctions against co-defendant Ronald F. Cornelison (“Cornelison”). The Court found that Shyamsundar failed to provide sufficient evidence proving that spoliation occurred. In his motion for spoliation sanctions, Shyamsundar claimed that Cornelison destroyed a recording related to Cornelison’s fraud…

In Haney v. Blackhawk Network Holdings, Inc., C.A. No. N16C-03-231-EMD-CCLD, Judge Davis denied defendant Blackhawk Network Holdings, Inc.’s (“Blackhawk”) motion to dismiss for improper venue and transferred the case to the Court of Chancery. Plaintiff George Haney (“Haney”), sellers’ representative of Cardlab, Inc., initiated a breach of contract action seeking declarations that Blackhawk did not make…

In EZLinks Golf LLC v. PCMS Datafit, Inc., C.A. No. N16C-07-080-PRW-CCLD, Judge Wallace granted the defendant’s partial motion to dismiss. The plaintiff, EZLinks Golf LLC (“EZLinks”), initiated a breach of contract and fraud action against the defendant, PCMS Datafit, Inc. (“PCMS”). EZLinks claimed that PCMS fraudulently induced EZLinks into entering a reseller agreement and then breached…

In NVent, LLC v. Hortonworks, Inc., C.A. No. N16C-05-148-EMD-CCLD, Judge Davis granted in part and denied in part the defendant’s motion to dismiss and granted the plaintiff leave to amend its complaint. The plaintiff, NVent LLC (“NVent”), initiated a breach of contract action against the defendant, Hortonworks Inc. (“Hortonworks”), based upon two agreements: a vendor services…

In TMC Consulting Servs. v. Wright et al., C.A. No. N15C-11-132-EMD-CCLD, Judge Davis denied the defendants’ motion to dismiss, holding that the plaintiff’s complaint presented a valid controversy. The plaintiff, TMC Consulting Services (“TMC”), initiated the lawsuit against the defendants, Matthew Wright (“Wright”), Christopher Kennedy (“Kennedy”), and six separate but related limited liability companies (collectively, the…

In Frechter v. Zier, the Delaware Court of Chancery invalidated a bylaw that, on its own, purported to require a vote of two-thirds of the corporation’s outstanding voting stock to remove directors. The Court’s opinion provides guidance as to the implementation of supermajority voting provisions under the Delaware General Corporation Law (DGCL), including when such provisions…