Experience
Many of our trial lawyers have been selected for inclusion in Chambers USA, The Best Lawyers in America and Benchmark Litigation. The depth and breadth of our litigation practice make us the first choice for many Fortune 500 companies seeking counsel in Delaware.
Our litigators play a prominent role in Delaware and have, through years of practice, developed practical insights into the procedures and personalities of Delaware courts and jurists. We are well known and respected by Delaware’s chancellors, justices, and judges.
Because our litigation bench is so deep, many of our litigators are focused on particular areas of the law. That means there is always a lawyer to consult when specific issues arise. We know the range of remedies that may be available, and we have the skill and knowledge to pursue the most favorable strategy to achieve our clients’ business goals.
Richards Layton represents local, regional, and national clients in a wide variety of litigation matters in state and federal courts. We have successfully represented businesses and individuals in suits involving commercial, fiduciary, licensing, personal injury, environmental, construction, contract, professional malpractice, securities, product liability, defamation, employment, and lender liability disputes. We also have substantial experience in appellate matters, routinely representing clients before the Delaware Supreme Court and the federal appellate courts.
Richards Layton litigators have served as members of the Delaware District Court Local Rules Advisory Committee, the Delaware Supreme Court Rules Advisory Committee, the Delaware Chancery Court Rules Advisory Committee and the Superior Court Civil Rules Advisory Committee. Members of the firm have been requested by appellate courts to serve as amicus curiae, and they routinely lecture on litigation practice at seminars conducted by the courts and the state and federal bar associations in Delaware.
Attorneys
Publications
Delaware Laws & Programs Affecting Business – 2024 Edition
2024
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the state. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
The CRE Lender’s Guide To Being Prepared
Delaware Banker | Spring 2023
In an increasingly complex and rapidly evolving economic climate, commercial real estate (CRE) lenders need to be prepared to take action to protect existing loan portfolios from broader macroeconomic conditions. A confluence of events culminated in the current state of the market, starting with coronavirus business closures, stay-at-home orders, supply-chain disruption, pandemic work-from-home and, most recently,…
Attorney Fees for Enforcing Indemnification Rights in Litigation under Delaware Law
ABA | May 2, 2023
Parties entering into transactions often provide for indemnification rights in their agreements. Those agreements typically provide for reimbursement of attorney fees and costs as indemnifiable losses. For instance, the ABA Model Stock Purchase Agreement defines “Loss” as “any cost, loss, liability, obligation, claim, cause of action, damage, deficiency, expense (including costs of investigation and defense and…
CCLD Judges Cross-Designated to Hear Actions under 8 Del. C. § 111
March 13, 2023
On February 23, 2023, the Delaware Supreme Court issued a Cross-Designation Order entitled “In re: Designation of Actions Filed Pursuant to 8 Del. C. § 111.” Pursuant to the Cross-Designation Order, the current group of the Superior Court’s Complex Commercial Litigation Division (“CCLD”), consisting of Judges Eric M. Davis, Paul R. Wallace, Abigail M. LeGrow,…
February 21, 2023
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. In this case, the parties executed a tenants in…
Judge Davis Grants Motion for Judgment on the Pleadings and Enforces Limitation of Liability Clause
February 21, 2023
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. …
February 21, 2023
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…
Judge Davis Denies Motion to Dismiss Breach of Contract Claims Stemming from LLC Dispute
February 21, 2023
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”). As…
Complex Commercial Litigation Update
February 21, 2023
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…
Complex Commercial Litigation Update
September 14, 2021
The third quarter of 2021 was another busy one for the Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”). While civil jury trials are still backlogged as a result of the pandemic, the CCLD judges continued to issue numerous opinions in cases involving acquisition disputes and pharmaceutical development. For past issues of this mailing or information…
Judge Davis Applies Delaware Law to Tortious Interference Claim, Finding No Conflict
September 14, 2021
In KT4 Partners LLC v. Palantir Technologies, Inc., C.A. No. N17C-12-212 EMD CCLD, Judge Davis granted in part and denied in part the defendants’ motions for summary judgment. The plaintiffs filed suit alleging that the defendants tortiously interfered with a prospective business relationship the plaintiffs had with CDH Investments (“CDH”) to sell the plaintiffs’ stock through…
Judge Davis Applies McWane Factors and Grants Defendant’s Motion to Stay
September 14, 2021
In Highland Pipeline Leasing, LLC v. Magellan Pipeline Company, L.P., C.A. No. N20C-08-275 EMD CCLD, Judge Davis granted the defendant’s motion to stay. In the underlying dispute, Magellan Pipeline Company L.P. (“Magellan”) entered into an agreement to lease a 158-mile pipeline in Arkansas (the “Ozark Line”) from Highland Pipeline Leasing LLC (“Highland”), with Spectra Energy Partners,…
September 14, 2021
In Humanigen, Inc. v. Savant Neglected Diseases, LLC, C.A. N17C-07-068 PRW CCLD, Judge Wallace denied a motion for summary judgment by Savant Neglected Diseases (“Savant”), granted in part and denied in part a motion for summary judgment by Humanigen, Inc. (“Humanigen”) and Madison Joint Venture LLC (“Madison” and, together with Humanigen, “H&M”), and granted a motion…
September 14, 2021
In CRE Niagara Holdings, LLC, et al. v. Resorts Group, Inc., C.A. No. N20C-05-157 PRW CCLD, Judge Wallace denied the defendant’s motion for reargument of its motion to dismiss, and also denied the defendant’s separate motion for stay or enlargement of time. The underlying dispute arose from Resorts Group, Inc.’s (“RGI”) 2017 sale of a resort…
Complex Commercial Litigation Update
March 30, 2021
The Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”) closed out 2020 with a number of opinions, including an issue of first impression. Much like its sister court, the Court of Chancery, the CCLD has switched over to fully remote proceedings. Judge Wallace held one of the division’s first fully remote bench trials in December in…
Judge Davis Applies Cryo-Maid Factors and Denies Motion to Dismiss, or in the Alternative, Stay
March 30, 2021
In Estate of Martha Barotz v. Martha Barotz 2006-1 Insurance Tr. et al., C.A. No. N20C-04-126 EMD CCLD, Judge Davis denied the defendant’s motion to dismiss or, in the alternative, for a stay. The dispute began when plaintiff Estate of Martha Bartoz (the “Estate”) sought to recover life insurance proceeds from the defendants, including Martha Barotz…
March 30, 2021
In Preston Hollow Capital LLC v. Nuveen LLC, 2020 WL 7365808 (Del. Super. Ct. Dec. 15, 2020), plaintiff Preston Hollow originally asserted claims against its business competitor Nuveen for tortious interference and defamation in the Court of Chancery. Preston Hollow’s defamation claim was dismissed, with leave to transfer the claim to the Superior Court. The Superior…
Judge LeGrow Finds Allegations of Personal Benefit Insufficient to Void Corporate Transaction
March 30, 2021
In The American Bottling Company v. Repole, et al., C.A. No. N19C-03-048 AML CCLD, Judge LeGrow considered a motion to dismiss two counts of a second amended complaint. Defendants Mike Repole and BA and Sports Nutrition, LLC (“Bodyarmor,” together with Repole, the “Moving Defendants”) moved to dismiss a claim for tortious interference with contract asserted against…
Judge Johnston Grants Anti-Suit / Anti-Claim Injunction as Issue of First Impression
March 30, 2021
In American International Industries v. Neslemur Company, C.A. No. N19C-04-258 MMJ CCLD, Judge Johnston considered as an issue of first impression whether there is any Delaware authority for the imposition of an anti-claim injunction, as opposed to an anti-suit injunction. American International Industries (“AII”) had acquired assets from Neslemur under an asset purchase agreement. The agreement…
Delaware Laws & Programs Affecting Business – 2020 Edition
2020
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the State. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
Standing Out: Section 285 Attorney Fees in the District of Delaware
ABA | September 15, 2020
Is the Force Majeure With You?
ABA | July 6, 2020
Judge LeGrow Dismisses Bootstrapped Fraud Claim While Allowing Contract Claims to Proceed
June 18, 2020
In Continental Finance Company, LLC v. ICS Corp., C.A. No. N19C-07-184 AML, Judge LeGrow granted in part and denied in part the defendant’s motion for partial dismissal. The dispute stemmed from an agreement between plaintiff Continental Finance Company, LLC and defendant ICS Corporation regarding the marketing and promotion of credit card products. The agreement required ICS…
June 18, 2020
In In Re Bracket Holding Corp. Litigation, C.A. No. N15C-02-223, defendants Express Scripts, Inc. and BioSource LLC in connection with the sale of a company to plaintiff Bracket Holding Corp. allegedly provided financial data that contained numerous material misrepresentations. The plaintiff alleged that the defendants’ misrepresentations fraudulently induced the plaintiff to purchase the company. After a…
Judge Davis Denies Non-Party’s Motion for Confidential Treatment of Trial Decision
June 18, 2020
In Optical Air Data Systems, LLC v. L-3 Communications Corporation, C.A. No. N17C-05-619 EMD CCLD, Judge Davis denied non-party General Dynamics Corporation’s (“GDC”) Motion for Continued Confidential Treatment of Proposed Redactions in the court’s written decision after trial. GDC sought confidential treatment of the portions of the decision concerning an agreement between the plaintiff and Gulfstream…
Judge LeGrow Considers Motion to Dismiss Claim Arising from Stock Purchase Agreement
June 18, 2020
In Merrit Quarum v. Mitchell International, Inc., C.A. No. N19C-03-087 AML CCLD, Judge LeGrow granted in part and denied in part the defendant’s motion to dismiss Count I of the plaintiff’s second amended complaint. The litigation arose from a 2016 stock purchase agreement between individual sellers and Mitchell International, Inc. wherein Mitchell purchased the sellers’ shares…
Judge Johnston Considers Novel Issue Regarding Contract Repudiation
June 18, 2020
In AMG Vanadium LLC, v. Global Advanced Metals U.S.A., Inc., C.A. No. N17C-0301637-MMJ CCLD, Judge Johnston considered cross-motions for summary judgment and motion to dismiss counterclaims brought by plaintiff AMG Vanadium LLC (“AMG”). Each of these motions turned on whether Global Advanced Metals U.S.A., Inc. (“GAM”) could repudiate its contract with AMG after it was notified…
Judge Davis Analyzes Transfer of Environmental Liabilities under Stock Purchase Agreement
June 18, 2020
In Ashland LLC, et al. v. The Samuel J. Heyman 1981 Continuing Trust for Lazarus S. Heyman, et al., C.A. No. N15C-10-176 EMD CCLD, Judge Davis granted in part and denied in part a partial motion for summary judgment by plaintiffs/counterclaim defendants Ashland LLC, International Specialty Products Inc., ISP Environmental Services Inc., and ISP Chemco LLC…
Complex Commercial Litigation Update
June 18, 2020
The Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”) had a busy first quarter in 2020. Highlighting the court’s experience handling M&A disputes, a number of decisions during the quarter involved complex disputes arising out of stock purchase agreements. The CCLD also analyzed the standard for contract repudiation and continued to refine the pleading requirements for…
District Court Adopts Re-Opening Guidelines
June 15, 2020
The U.S. District Court for the District of Delaware has issued an Order adopting a set of Re-Opening Guidelines. The Guidelines provide for four phases, each with a different level of restrictions and permissible courtroom and courthouse activity, culminating in the resumption of normal operations in Phase Four. In Phase One, which begins on June 17,…
Delaware Complex Commercial Litigation Division Quarterly Update
November 7, 2019
The four judges of the Superior Court’s Complex Commercial Litigation Division were busy in the third quarter of 2019. As in quarters past, the judges authored opinions in cases involving indemnification disputes arising from merger agreements as well as insurance coverage cases. In one of the highlights of this quarter, Judge LeGrow issued a decision holding…