In LCT Capital, LLC v. NGL Energy Partners LP, C.A. No. N15C-08-109-WCC-CCLD, Judge Carpenter denied the defendants’ motion to dismiss, noting that the “vast majority of NGL’s arguments advocating for dismissal are simply premature.” Plaintiff LCT Capital, LLC (“LCT”) initiated a breach of contract action against defendants NGL Energy Partners LP and NGL Energy Holdings LLC…

In CRS Proppants LLC v. Preferred Resin Holding Company, LLC, C.A. No. N15C-08-111-MMJ-CCLD, Judge Johnston granted in part and denied in part the plaintiff’s motion for summary judgment, holding that the liquidated damages provision in the purchase and sale agreement (the “PSA”) between the parties was enforceable and that the defendant’s obligations under the PSA were…

In CNH Industrial America LLC v. American Casualty Company of Reading, Pennsylvania, C.A. No. N12C-07-108-EMD-CCLD, Judge Davis concluded that the insurance policies between plaintiff CNH Industrial America LLC (“CNH”) and defendant Travelers Indemnity Company (“Travelers”) were exhausted as a matter of law as of Travelers’ July 6, 2015 payment of the remaining policy limits of liability…

In Fabian v. BGC Holdings, L.P., C.A. No. N14C-03-037-MMJ-CCLD, Judge Johnston granted defendants BGC Holdings, L.P. (“BGCH”) and BGC Partners, Inc.’s (“BGCP”) motion for summary judgment, and held that plaintiff Larry D. Fabian’s (“Fabian”) claims were barred by the statute of limitations. Fabian, a former BGCP employee, initiated the lawsuit on March 5, 2014 against the…

In Arch Insurance Co., et al. v. Murdock et al., C.A. No. N16C-01-104-EMD-CCLD, Judge Davis granted in part and denied in part the defendants’ motion to dismiss, holding that there was a valid controversy between the plaintiffs (excess insurance carriers) and the defendants (the insureds) regarding the funding of a settlement for an underlying lawsuit. Judge…

In Deere & Company v. Exelon Generation Acquisitions, LLC, C.A. No. N13C-07-330-MMJ-CCLD, Judge Johnston held that plaintiff Deere & Company (“Deere”) was not entitled to indemnification for attorneys’ fees by defendant Exelon Generation Acquisitions (“Exelon”), but that Deere was entitled to litigation costs and pre-judgment interest that began to accrue as of December 18, 2012. Deere…

In TQ Delta LLC v. Pace PLC, C.A. No. 13-1835-RGA (D. Del. Jan. 5, 2017), and related actions, Judge Andrews outlined the function of conflicts counsel ordered to undertake discovery of a third party to the lawsuit. Third party Broadcom Corp. (“Broadcom”) had permitted one of the defendants to produce sensitive documents containing Broadcom’s information, after…

In ArcelorMittal v. AK Steel Corp., C.A. No. 13-685-SLR (D. Del. January 19, 2017), Judge Robinson granted the motion for summary judgment of non-infringement filed by the defendant, AK Steel Corp. (“AK Steel”). In an earlier action between the parties, Judge Robinson had also granted summary judgment of non-infringement in AK Steel’s favor, and entered judgment…

In SIPCO, LLC v. Streetline, Inc., C.A. No. 16-830-RGA (D. Del. January 20, 2017), Judge Andrews granted a motion to dismiss for failure to state a claim filed by the defendants, Streetline, Inc. and Kapsch TrafficCom Holding Corp. (together, “Streetline”). Streetline argued that the complaint, which alleged infringement of ten patents against the two defendants, failed…

In Delaware Display Group LLC v. Lenovo Holding Co., C.A. No. 13-2108-RGA (D. Del. Jan. 18, 2017), and related actions, Judge Andrews denied the various defendants’ motion to exclude the opinions of the damages expert for the plaintiffs, Delaware Display Group LLC and Innovative Display Technologies, LLC (together, “Delaware Display”), as unreliable. The defendants argued that…