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  • Sheldon v. Pinto Tech. Ventures, L.P.

    Publication Date: 2019-10-23
    Practice Area: Corporate Governance
    Industry: Health Care | Investments and Investment Advisory | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Thad J. Bracegirdle, Scott B. Czerwonka, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE for plaintiffs.
    for defendant: Bruce E. Jameson, Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; B. Russell Horton, Gary L. Lewis, George Brothers Kincaid & Horton LLP, Austin, TX for Pinto, Rivervest and Bay City Capital defendants. Brian C. Ralston, Jacqueline A. Rogers, Potter Anderson Corroon LLP, Wilmington, DE; Danny David, Rebeca Huddle, Baker Botts L.L.P., Houston, TX for defendants Terry and Walker.
    Case Number: D68749

    Plaintiffs failed to adequately allege the existence of a control group in this breach of fiduciary duty matter, so the chancery court properly dismissed the complaint. Affirmed.

  • Cushner v. State

    Publication Date: 2019-08-21
    Practice Area: Criminal Law
    Industry: Automotive
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Wilmington, DE for appellee.
    Case Number: D67674

    Motion for judgment of acquittal properly denied where lack of public access to a burgled storage trailer and the timing of the impression of a handprint on the trailer supported the inference that the handprint, belonging to defendant, was made on the weekend when the burglary occurred.

  • Tiger v. Boast Apparel, Inc.

    Publication Date: 2019-08-21
    Practice Area: Corporate Governance
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE for appellant.
    for defendant: Kevin G. Abrams and Matthew L. Miller, Abrams & Bayliss LLP, Wilmington, DE; Brian J. Capitummino, Woods Oviatt Gilman LLP, Rochester, NY for appellee.
    Case Number: D67676

    There was no presumption of confidentiality for books and records produced in response to a §220 request, nor was a requesting stockholder required to show exigent circumstances to avoid an indefinite confidentiality obligation.

  • Richards v. Copes-Vulcan, Inc.

    Publication Date: 2019-08-07
    Practice Area: Toxic Torts
    Industry: Automotive | Chemicals and Materials
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Bartholemew J. Dalton, Ipek K. Medord, Andrew C. Dalton and Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for plaintiffs.
    for defendant: Jason A. Cincilla, Amaryah K. Bocchino, Ryan W. Browning and Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE for defendant The Goodyear Tire & Rubber Co. Paul A. Bradley and Antionette D. Hubbard, Maron Marvel Bradley An-derson & Tardy LLC, Wilmington, DE for defendant Copes-Vulcan, Inc. Christian J. Singewald and Rochelle L. Gumapac, White and Williams LLP, Wilmington, DE; Jessica L. Ellsworth, Hogan Lovells US LLP, Washington, DC for defendant Ford Motor Co.
    Case Number: D68659

    In this asbestos exposure case, the report of plaintiffs' expert relying solely on cumulative exposure was insufficient, because plaintiffs were required to show that exposure from each defendant's product was a substantial factor in causing injury.

  • Brown v. State

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Roderick Brown, appellant pro se
    for defendant: Kathryn J. Garrison, Department of Justice, Dover, DE for appellee
    Case Number: D68654

    Forfeiture of vehicles reversed where state's evidence undercut its theory that defendant used the vehicles as stores of the proceeds of his drug dealing.

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    New Jersey Employment Law 2024

    Authors: Rosemary Alito

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  • CompoSecure, LLC v. CardUX, LLC

    Publication Date: 2019-08-07
    Practice Area: Contracts | Fee Disputes
    Industry: Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
    for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees
    Case Number: D68656

    Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.

  • Baker v. State

    Publication Date: 2019-07-31
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: John Williams, Deputy Attorney General, Dover, DE for appellee.
    Case Number: D68646

    Adjudication of delinquency for rape reversed where family court made evidentiary errors including admission of hearsay evidence and propensity evidence.

  • Stoner v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Kevin P. Tray, Wilmington, DE for Arthur Stoner.
    Case Number: D68643

    A family court's adjudication of delinquency for robbery was not supported by specific findings.

  • Taylor v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Andrew J. Vella, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68644

    The trial court erred in accepting a plea of guilty but mentally ill where defendant expressed that he wished to withdraw his plea.

  • Longford-Myers v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Martin B. O'Connor, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D68641

    When a criminal defendant was sentenced for multiple convictions and one of sentences was subject to modification due to il-legality, the court did not have authority to modify the other lawful sentences.