Kelly began practicing law in Delaware in 2001. She joined SKJ in 2011 and concentrates her practice in corporate, commercial and employment litigation. During her career, Kelly has represented clients in Court of Chancery litigation, including fiduciary duty actions, contests over the control of business entities, books and records actions, dissolution actions and covenant not to compete cases. She also has experience in Superior Court litigation, including contract, employment and insurance coverage cases. Kelly also has litigated employment discrimination cases and contractual disputes in the Delaware District Court.
Representative Cases
RTN Investors, LLC v. RETN, LLC, CIV.A.08C-04-007JRJ, 2011 WL 862268 (Del. Super. Ct. Feb. 10, 2011)(obtaining an award for plaintiff in excess of $4 million and attorneys' fees following a bench trial on a breach of contract and unjust enrichment claims under a loan agreement)
Hardy v. Jacobs and Acorn BioMedical, Inc., C.A. No. 5734-VCS (Del. Ch. 2010)(representing plaintiff in a conflict over the proper composition of board of directors resulting in a settlement)
Cohen v. Formula Plus, Inc., 750 F. Supp. 2d 495 (D. Del. 2010)(successfully defending against a motion to dismiss on a breach of contract claim)
Klehr, Harrison, Harvey, Branzburg & Ellers, LP v. Mosaica Educ., Inc., CIV.A. 07C-08-227JEB, 2009 WL 5177144 (Del. Super. Ct. Dec. 14, 2009)(obtaining a decision in excess of $300,000, plus interest, following a bench trial for breach of contract)
FLI Deep Marine LLC v. McKim, CIV.A. 4138-VCN, 2009 WL 1204363 (Del.Ch. Apr. 21, 2009)(dismissing derivative complaint)
Gay v. The Howard Hughes Corp., C.A. No. 4072 (Del. Ch. 2009) (representing plaintiff in an action for indemnification and advancement resulting in a settlement)
Walker v. The News Journal, C. A. 06-138-MPT, 2008 WL 766788 (D. Del. Mar. 24, 2008)(obtaining summary judgment on employment discrimination complaint)
Spencer v. Aggregate Indus., Inc., 957 A.2d 2 (Del. 2008)(affirming Superior Court's grant of defendant's motion for directed verdict following a jury trial)
Jamison v. Rent-A-Ctr., Inc., CIV.A. 05-26 (GMS), 2005 WL 1801686 (D. Del. Aug. 1, 2005)(obtaining dismissal of employment discrimination complaint for lack of subject matter jurisdiction)
Beam ex rel. Martha Stewart Living Omnimedia, Inc. v. Stewart, 833 A.2d 961 (Del. Ch. 2003) aff'd, 845 A.2d 1040 (Del. 2004)(dismissing shareholder complaint alleging usurpation of corporate opportunity and breaches of fiduciary duties)
Guttman v. Huang, 823 A.2d 492 (Del. Ch. 2003)(dismissing shareholder complaint based upon shareholders failure to satisfy particularity requirement for pleading that demand was excused)
Harrah's Entm't, Inc. v. JCC Holding Co., 802 A.2d 294, 318 (Del. Ch. 2002)(entering a judgment in favor of plaintiff that required defendant to accept both of the plaintiff's nominations for an upcoming annual meeting)
Professional Associations and Memberships
Delaware Bar Association
American Bar Association
Community Activities
Board of Governors for Downtown YMCA
Volunteer for the Delaware Office of the Child Advocate