Ellen Bardash is ALM's reporter covering corporate litigation for Law.com and Delaware Business Court Insider. She can be contacted by emailing [email protected] or following @ellenbardash.bsky.social on Bluesky.
June 30, 2021 | Delaware Business Court Insider
Proposed Federal Bankruptcy Venue Restriction Could Be a Blow for DelawareThe bill would limit a business to filing Chapter 11 cases in the federal district where its principal place of business or assets are located. One Delaware lawyer said if passed, the measure could have a dramatic—but unneeded—effect.
By Ellen Bardash
4 minute read
June 29, 2021 | Delaware Law Weekly
Delaware Announces Final Weeks of Judicial Emergency, Relaxes Mask MandateThe state of judicial emergency was announced March 16, 2020, and has been extended 15 times prior to this week.
By Ellen Bardash
2 minute read
June 25, 2021 | Delaware Business Court Insider
Chancery Opinion: Dispute Over Agreement's Contingent Payment Falls to ArbitratorThe Chancery Court said it could not decide a matter of procedural arbitrability—which has to be determined by an arbitrator—not one of substantive arbitrability.
By Ellen Bardash
2 minute read
June 24, 2021 | Delaware Business Court Insider
Chancery Rules Against CEO Over 'Self-Help' in Dispute Over Contract BreachThe case stems from a contract between Macrophage Therapeutics Inc., represented by Richard, Layton & Finger, and Michael M. Goldberg, the CEO of Navidea Biopharmaceuticals Inc. who was supposed to become CEO of its subsidiary, Macrophage.
By Ellen Bardash
3 minute read
June 23, 2021 | New York Law Journal
Second Circuit Weighs Level of Data Needed for Reliable ExpertLawyers and judges traded views over whether an expert delivered an "unreliable" opinion with contradictions or whether she was being "remarkably candid."
By Ellen Bardash
3 minute read
June 22, 2021 | New York Law Journal
Tech Seller Clashes With Amazon About Arbitration Clause, Jurisdiction in Case Over ChargersA Covington & Burling lawyer for Amazon said the dispute over allegedly counterfeit chargers is covered by a contract with an arbitration clause, but even if it wasn't, the Southern District of New York wouldn't have jurisdiction without either of the parties being residents of the district or anywhere else in the state.
By Ellen Bardash
3 minute read
June 21, 2021 | Delaware Law Weekly
Lemon Law Attorney: Delaware's Unfair Business Practices Ban Wouldn't Stop Odds Stacked Against ConsumersThe Consumer Fraud Act has banned deceptive business practices for more than 50 years, but Delaware is currently one of six states that doesn't explicitly ban unfair practices.
By Ellen Bardash
4 minute read
June 17, 2021 | Delaware Law Weekly
Delaware Suit May Be First of Many Over Bone Graft Linked to TuberculosisA case filed in Delaware Superior Court is the first anywhere to claim Aziyo Inc. was negligent in sending out a bone marrow product thought to be contaminated with tuberculosis, but attorneys for the Delaware plaintiff say similar cases are expected to be filed soon.
By Ellen Bardash
3 minute read
June 16, 2021 | Delaware Law Weekly
'Prior Routines Are All Out the Window': Criminal Defense Attorney Says New Backlog Requires New Strategies"When things first shut down in Delaware in March of last year, it was like somebody flipped a light switch and turned a light off," said downstate defense lawyer Alexander Funk. The key now is for the court to manage its way to full reopening.
By Ellen Bardash
7 minute read
June 15, 2021 | Delaware Law Weekly
ACLU of Delaware Tags Attorney Known for Representing Iraqi, Military Plaintiffs as Legal DirectorSusan L. Burke's 34-year career has earned her recognition on a national and international scale, including a $5.25 million judgment for Iraqi plaintiffs tortured at Abu Ghraib prison and a settlement with security firm Blackwater for its killing of Iraqis in Baghdad.
By Ellen Bardash
2 minute read
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