Nationwide Emerging Managers, LLC v. Northpointe Holdings, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a party \did not fairly raise a ... claim at trial\ when \for much of trial\ it argued a contrary point
• stating that courts should be hesitant to imply terms the parties could easily have drafted the contract to include
• explaining that Delaware law “prevents a party who has after-the-fact regrets from using the implied covenant of good faith and fair dealing to obtain in court what it could not get at the bargaining table”
• explaining that honoring express contract terms “prevents a party . . . from using the implied covenant of good faith and fair dealing 11 to obtain in court what it could not get at the bargaining table”
• Implied covenant of good faith and fair dealing only appropriate to fill gaps and not to re-write contract
• “By necessity, any argument by a party that another party breached an implied term invites consideration of evidence of the parties’ bargaining history.”

Source: CourtListener parenthetical corpus (CC0).