This Weeks Cases

Delaware Court of Chancery

The Mrs. Fields Brand, Inc. v. Interbake Foods LLC, DEFAX Case No. D67801 (Del.Ch. June 26, 2017), Bouchard, C. (108 pages).

Minimum sales target under trademark/manufacturing license agreement triggering right to early termination belonged solely to licensor and was not a mutual provision because mutual provision illogically would have permitted licensee to escape obligation to pay royalties out of pocket.


Courts of Common Pleas

Freeman v. Scott, DEFAX D67799 (C.P. New Castle Jun. 19, 2017) Rennie, J. (14 pages).

Tenant was not entitled to recover a $400 security deposit she allegedly paid in cash where she obtained no receipt. Landlord was required to mitigate after receiving notice of termination from tenant.


Delaware Court of Chancery

Williams v. Ji, DEFAX Case No. D67798 (Del. Ch. Jun. 28, 2017), Montgomery-Reeves, V.C. (21 pages).

Shareholder in this derivative action stated a claim for breach of fiduciary duty regarding the board's grant of director compensation and approval of a voting agreement, and the claims were ripe for review. Motion to dismiss denied.


Third Circuit

In re Simmons, DEFAX Case No. D67802 (3 Cir. Jul. 6, 2017), Per Curiam (3 pages).

Criminal defendant was not entitled to a writ of mandamus compelling the court to rule on his motions where those matters had already been addressed and resolved adversely to defendant. Petition for writ of mandamus denied.


Delaware Superior Court

Schlosser & Dennis, LLC v. Traders Alley, LLC, DEFAX Case No. D67806 (Del. Super. Jul. 6, 2017), Cooch, R.J. (21 pages).

Motion to dismiss breach of contract claim in Superior Court action was granted because remedy sought was equitable in nature. Claim for injunctive relief was dismissed because plaintiff had an adequate remedy at law with its declaratory relief claim. Equitable rescission was properly requested in the prayer for relief. Motions to dismiss granted in part, denied in part.


U.S. District Court of Delaware

In re Tribune Media Co., DEFAX Case No. D67803 (D.Del. Jun. 16, 2017), Sleet, J. (25 pages).

Bankruptcy court had authority to determine claim regarding hostile work environment, and court did not err in treating debtor's objection as a motion for summary judgment. Affirmed.


Delaware Superior Court

Lewis v. McCracken, DEFAX Case No. D67805 (Del. Super. Jul. 5, 2017), Cooch, R.J. (11 pages).

Plaintiffs' claim in medical negligence case against the corporate entity which employed a nurse was barred because the statute of limitations had expired on a claim against the nurse. Plaintiffs' application to discuss this new theory of liability with the jury was denied.


U.S. District Court of Delaware

Johnson v. U.S., DEFAX Case No. D67804 (D.Del. Jul. 6, 2017), Stark, J. (8 pages).

Defendant was not entitled to a new trial where his motion was time-barred, and the document at issue did not qualify as "newly discovered evidence." Motion for new trial denied.