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Publication Date: 2024-01-08
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Thomas Curry, Tayler D. Bolton, Saxena White P.A., Wilmington, DE; David Wales, Saxena White P.A., White Plains, NY; Adam Warden, Saxena White P.A., Boca Raton, FL; Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrew J. Peach, Jackson E. Warren, Jacob D. Jeifa, Wilmington, DE, Andrews & Springer LLC for plaintiff.
for defendant: Garrett B. Moritz, S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilmington, DE; Steven M. Farina, George A. Borden, Brian T. Gilmore, Williams & Connolly LLP, Washington, DC; William M. Lafferty, Ryan D. Stottmann, Rachel R. Tunney, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Tariq Mundiya, Jeffrey B. Korn, Richard Li, Ciara A. Sisco, Willkie Farr & Gallagher LLP, New York, NY for defendants.
Case Number: 2022-0846-MTZ
Plaintiff failed to plead demand futility for derivative complaint where controller's ability to remove board members by itself could not establish a lack of independence and a majority of the board's financial ties did not prevent them from exercising independent judgment.
Publication Date: 2023-11-13
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Lisa Zwally Brown, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Gabriel Aizenberg, Scott Mendeloff, Aaron S. Klein, Greenberg Traurig, LLP, Chicago IL for plaintiff.
for defendant: Richard I.G. Jones, Jr., Michael W. McDermott, Berger Harris LLP, Wilmington, DE; Steven R. Campbell, Scott M. O’Brien, Alston & Bird LLP, New York, NY for defendant.
Case Number: N22C-07-197 MMJ CCLD
Court dismissed fraud claims against corporate controller where alleged fraudulent behavior merely constituted a breach of the controller's contractual obligations.
Publication Date: 2023-11-13
Practice Area: Damages
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen C. Norman, Aaron R. Sims, Potter Anderson & Corroon LLP, Wilmington, DE; David G. Januszewski, Sheila C. Ramesh, Cahill Gordon & Reindel LLP, New York, NY for plaintiff.
for defendant: Edwin J. Harron, James M. Yoch, Jr., Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Kevin C. Maclay, Todd E. Phillips, Quincy M. Crawford, Nathaniel R. Miller, Caplin & Drysdale, Chartered, Washington, D.C.; William M. Kelleher, Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE; Ira S. Zaroff, Richard M. Zaroff, Zaroff & Zaroff LLP, Garden City, NY; P. Clarkson Collins, Jr., K. Tyler O’Connell, Albert J. Carroll, R. Eric Hacker, Morris James LLP, Wilmington, DE for defendants.
Case Number: 2017-0822-SG
Court dismissed in rem action over limited partnership interest where hearing the action would require the court to hale in defendants it lacked personal jurisdiction over and the proceedings were an attempt to circumvent the dismissal of plaintiff's fraudulent transfer claim against defendants for lack of jurisdiction.
Publication Date: 2023-11-06
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11240 (TMH)
Court denied motion to transfer venue where there was no indication debtors had attempted to "manufacture" venue and transfer would not facilitate the efficient resolution of the case.
Publication Date: 2023-11-06
Practice Area: Tax
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Daniel Charles Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiff.
for defendant: Jennifer Marie Kinkus, William Edward Gamgort, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for defendants.
Case Number: 1:21-cv-00249-SB
Breach of fiduciary duty claim was untimely under statute of limitations where plaintiff was on inquiry notice of his claim no later than his receipt of an IRS audit notice investigating transactions involving defendant.
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Publication Date: 2023-10-30
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David B. Shaver, Surdyk Dowd & Turner, Dayton, OH for appellant.
for defendant: Yitzchak Zelman, Ari H. Marcus, Marcus & Zelman, Asbury Park, NJ for appellee.
Case Number: 22-2483
Incurring costs to understand confusing collection letter was sufficient to confer Article III standing without the need to rely on the informational injury doctrine, but further factfinding was needed to determine if other potential class members suffered the same harm.
Publication Date: 2023-10-23
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Cary L. Flitter, Andrew M. Milz, Jody T. López-Jacobs, Flitter Milz, Narberth, PA; Brent F. Vullings, Vullings Law Group, LLC, Collegeville, PA for appellants.
for defendant: David P. Helwig, Marks O’Neill O’Brien Doherty & Kelly, Pittsburgh, PA; Cecil J. Jones, Cozen O’Connor, Philadelphia, PA for appellee.
Case Number: 21-2430
District court erred in ruling that furnisher of consumer credit information was exempt from obligation to investigate indirect dispute referred by a consumer reporting agency upon deeming the dispute frivolous, where the Fair Credit Reporting Act expressly granted that exception solely to consumer reporting agencies for indirect disputes.
Publication Date: 2023-10-23
Practice Area: Personal Injury
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: David Q. Webb, pro se plaintiff.
for defendant:
Case Number: 22-670-GBW
The court dismissed plaintiff's second amended complaint for failure to state a claim under the screening provision where he essentially asserted identical allegations as in the amended complaint and had therefore failed to remedy the deficiencies outlined by the court.
Publication Date: 2023-10-09
Practice Area: Contracts
Industry: Financial Services and Banking | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Joseph B. Cicero, Gregory E. Stuhlman, Thomas A. Youngman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Casey B. Howard, Jeffery S. Kramer, Locke Lord LLP., New York, NY for plaintiffs.
for defendant: Patricia L. Enerio, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Michael R. Tein, Gaye L. Huxoll, Tein Malone PLLC, Coconut Grove, FL for defendants.
Case Number: 22-cv-01255-GBW
Dismissal of breach of contract claim denied where plaintiffs alleged sufficient facts to support inference that defendant was the mere continuance or assignee of plaintiffs' contractual counterparty.
Publication Date: 2023-10-09
Practice Area: Whistleblower Laws
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Lugg
Attorneys: For plaintiff: Keith R. Jones, plaintiff pro se.
for defendant: John M. Nolan III, Morgan D. Hollander, Jackson Lewis, P.C., Philadelphia, PA; Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE for defendant.
Case Number: N21C-10-020 SPL
Finding that plaintiff's minimal participation in pursuing the case "evidenced a pattern of dilatoriness" culminating in his failure to produce evidence in support of his claim, the court granted defendant's motion to dismiss for failure to prosecute despite noting that the court had a "strong policy in favor of deciding cases on the merits."
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