NORKEI VENTURES v. BUTLER-GORDON,07C-04-623 JAP

7 Citing cases

  1. Andor Pharm. v. Lannett Co.

    N22C-06-078-EMD CCLD (Del. Super. Ct. Apr. 15, 2024)

    . Id. at 9-10 (citing NorKei Ventures, LLC v. Butler-Gordon, Inc., 2008 WL 4152775, at *2 (Del. Super. Aug. 28, 2008) (internal citations omitted)).

  2. 4C, Inc. v. Pouls

    CIVIL ACTION NO. 11-00778 (JEI/KMW) (D. Del. Mar. 5, 2014)   Cited 6 times

    In Delaware *[a] party has a general duty to mitigate damages if it is feasible to do so." Norkei Ventures, LLC v. Butler-Gordon, Inc., No. 07c-04-623 JAP, 2008 WL 4152775, at *2 (Del. Super. Aug.28, 2008). However, "mitigation only applies to damages occurring after a breach."

  3. In re Pilgrim's Pride Corp.

    Case No. 08-45664 (DML) (Bankr. N.D. Tex. Jan. 31, 2012)

    Both Delaware and Florida law require a party to a contract harmed by another party's breach to mitigate its damages if possible. See Norkei Ventures, L.L.C. v. Butler-Gordon, Inc., 2008 WL 4152775, at *2 (Del. Super. Ct. Aug. 28, 2008) (stating that in Delaware a "party has a general duty to mitigate damages if it is feasible to do so."); Young v. Cobbs, 110 So.2d 651, 653 (Fla. 1959) (applying Florida law to require a lessee to mitigate damages). It may well be that the Growers' damages should be reduced because of a failure to mitigate - for example if a Grower failed to take advantage of an opportunity to service another chicken integrator. The summary judgment evidence, however, does not include proof of such an opportunity.

  4. Dover Mall, LLC v. Tang

    C. A. K22C-07-013 JJC (Del. Super. Ct. Oct. 5, 2023)   Cited 1 times

    [Furthermore, t]he true test is not what the parties to the contract intended it to mean, but what a reasonable person in the position of the parties would have thought it meant." 25 Del. C. § 5101(b); John Petroleum, Inc. v. Parks, 2010 WL 3103391, at *4 (Del. Super. June 4, 2010), affd, 16 A.3d 938 (Del. 2011); NorKei Ventures, LLC v. Butler-Gordon, Inc., 2008 WL 4152775, at *2 (Del. Super. Aug. 28, 2008). NorKei Ventures, 2008 WL 4152775, at *2.

  5. Coco v. Trolley Square Hosp., LLC

    C.A. No. N17C-09-280 CLS (Del. Super. Ct. Oct. 26, 2020)

    Counts v. Acco Babcock, Inc., 1988 WL 81394, at *2 (Del. 1988) ("The statutory requirement that an injured worker receiving workmen's compensation accept employment within his physical capability is simply a corollary of the rule that an injured party is required to mitigate his damages."). NorKei Ventures, LLC v. Butler-Gordon, Inc., 2008 WL 4152775 (Del. Super. 2008) (citing Highline Fin. Servs., Inc. v. Rooney, 1996 WL 663100 (Del. Super. 1996)).

  6. Shore Inves., Inc. v. Bhole, Inc.

    C.A. No. S09C-09-013-ESB (Del. Super. Ct. Nov. 28, 2011)   Cited 9 times

    Minimization of Damage — Under this Lease, both Landlord and Tenant shall faithfully attempt to avoid and minimize damages resulting from the conduct of the other party. [Furthermore, in Delaware "[a] party has a general duty to mitigate damages if it is feasible to do so." Norkei Ventures, LLC v. Butler-Gordon, Inc., 2008 WL 4152775, at *2 (Del. Super. Aug. 28, 2008). "As a general rule, a party cannot recover damages for loss that he could have voided by reasonable efforts."

  7. John Petroleum Inc. v. Parks

    C.A. No. 06C-10-039 FSS (Del. Super. Ct. Jun. 4, 2010)   Cited 10 times
    Adopting the commissioner's report and recommendation that the plaintiff took reasonable measures to mitigate

    (Although the commissioner, in a footnote, cites to 25 Del. C. § 5113, a section of the Residential Landlord-Tenant Code, it is harmless error.)NorKei Ventures, LLC v. Butler-Gordon, Inc., 2008 WL 4152775, at *2 (Del. Super. Aug. 28, 2008) (Parkins, J.) (citing 25 Del. C. § 5101(b)). Generally, "contracts must be construed as a whole, to give effect to the intentions of the parties. Where the contract language is clear and unambiguous, the parties' intent is ascertained by giving the language its ordinary and usual meaning."