• Sands v. Union Pacific R.R.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Toxic Torts
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eileen M. McGivney for plaintiffs
    for defendant: Maria R. Granaudo Gesty, Anne Marie O'Brien and Daniel J. Hassing for defendant.

    Case Number: D67961

    Employer failed to state particularized reasons to demonstrate overwhelming hardship in support of its motions to dismiss two toxic tort claims on the basis of forum non conveniens.

  • Yucaipa American Alliance Fund I, LP v. Ehrlich

    Publication Date: 2017-11-29
    Practice Area: Business Torts | Civil Procedure
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67957

    Plaintiff lacked standing and failed to allege sufficient predicate acts to establish a pattern of racketeering activity under the Racketeer Influenced and Corrupt Organizations Act. Affirmed.

  • Leonis v. Lawal

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Corporate Governance
    Industry: Energy
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Stuart M. Grant and Michael J. Barry, Grant & Eisenhofer, P.A., Wilmington, DE; Peter B. Andrews and Craig J. Springer, Andrews & Springer LLC, Wilmington, DE; Jeremy Friedman, Spencer Oster, and David Tejtel, Friedman Oster & Tejtel PLLC, New York, NY, attorneys for plaintiff
    for defendant: Myron T. Steele, Arthur L. Dent, and Jaclyn C. Levy, Potter Andersoon & Corroon LLP; David T. Moran and Christopher R. Bankler, Jackson Walker LLP, Dallas, TX; Gregroy V. Varallo, Richards, Layton & Finger, P.A., Wilmington, DE; J. Wiley George, Andrews Kurth LLP, Houston, TX; David J. Teklits and Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Mark Oakes and Ryan Meltzer, Norton Rose Fulbright US LLP, Austin, TX; John Byron, Norton Rose Fulbright US LLP, Houston, TX, attorneys for defendants.

    Case Number: D67944

    Derivative complaint dismissed where board protected by exculpatory provision in bylaws, and plaintiff failed to make demand, and further failed to plead likelihood of liability for non-exculpated claims as to majority of board members to establish challenged transaction as invalid exercise of business judgment.

  • A. Schulman, Inc. v. Citadel Plastic Holdings, LLC

    Publication Date: 2017-11-15
    Practice Area: Business Torts | Civil Procedure | Contracts
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Paul J. Lockwood, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, attorney for plaintiff
    for defendant: David E. Ross, Eric D. Selden, and Nicholas D. Mozal, Aronstam & Moritz LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D67934

    Defendants motion for stay after several defendants receipt of subpoenas in criminal investigation denied where lack of pending indictments meant that plaintiffs and the publics interest in civil action proceeding to trial outweighed remote possibility of prejudice to defendants in any future criminal proceedings.

  • BioVeris Corp. v. Meso Scale Diagnostics, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure
    Industry: Biotechnology | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Joel Friedlander and Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Nancy J. Sennett, James T. McKeown, and Eric L. Maassen, Foley & Larnder LLP, Milwaukee, WI, attorneys for plaintiff
    for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Mark C. Hansen, Michael J. Guzman, Joshua Hafenbrack, and Hilary P. Gerzhoy, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC, attorneys for defendants.

    Case Number: D67935

    Plaintiffs claim for breach of settlement barred by laches where plaintiff failed to bring claim within analogous statute of limitations, and no extraordinary circumstances were present to excuse plaintiffs delay in bringing its action.

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  • Murphy v. Pentwater Capital Management LP

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Thomas M. Horan and Johnna M. Darby for plaintiff
    for defendant: John L. Reed, Ethan H. Townsend and Harrison S. Carpenter for defendants.

    Case Number: D67940

    The court lacked personal jurisdiction over an individual defendant whose only connection to the state was as the CEO for two Delaware corporations.

  • Gramercy Emerging Markets Fund v. Allied Irish Banks, P.L.C.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Commercial Law
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Strine
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Sean F. O'Shea, Michael E. Petrella, Amanda L. Devereux, and Brian B. Alexander, Boies Schiller Flexner LLP, New York, NY, attorneys for appellants
    for defendant: Kevin R. Shannon and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Walter C. Carlson and Elizabeth Y. Austin, Sidley Austin LLP, Chicago, IL; Kenneth J. Nachbar and Ryan D. Stottman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Christopher Landau, Kirkland & Ellis LLP, Washington, DE; Brian D. Sieve and Jessica L. Staiger, Kirkland & Ellis LLP, Chicago, IL; Jeremy M. Feigenbaum, Kirkland & Ellis LLP, New York, NY, attorneys for appellees.

    Case Number: D67926

    Evaluating dismissal of a case on forum non conveniens grounds, previously dismissed by another jurisdiction on forum non conveniens grounds as well, required balanced application of forum non conveniens standards under the Cryo-Maid holding.

  • Prime Rock Energy Capital, LLC v. Vaquero Operations, Ltd.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Seth A. Niederman and Courtney A. Emerson for plaintiff
    for defendant: Matthew L. Miller, Kevin G. Abrams, John M. Seaman and E. Wade Houston for defendant.

    Case Number: D67933

    The court had personal jurisdiction over the defendant where the parties contract designated Delaware as the forum for resolving any disputes.

  • Hearn v. Tote Services, Inc.

    Publication Date: 2017-11-01
    Practice Area: Civil Procedure | Contractual Disputes | Employment Litigation
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Laurence V. Cronin for plaintiff
    for defendant: Peter B. Ladig, Meghan A. Adams, John R. Fornaciari and Thomas E. Hogan for defendant.

    Case Number: D67921

    This breach of contract matter was governed by the law of another state because it had the most significant relationship to the parties agreement.

  • Turf Nation, Inc. v. UBU Sports, Inc.

    Publication Date: 2017-10-25
    Practice Area: Business Torts | Civil Procedure
    Industry: Distribution and Wholesale | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Counsel: Kenneth J. Enos, Kathaleen S. McCormick, Mary F. Dugan, William S. Sugden and Thomas P. Clinkscales for plaintiff
    for defendant: Stephen E. Jenkins, Peter H. Kyle and Stephen J. Brown for defendants.

    Case Number: D67915

    Dismissal for lack of personal jurisdiction was proper where an individual defendants only connection to Delaware was acting as an officer of an entity that was incorporated in Delaware. Defendant adequately stated claims for fraud and tortious interference with contractual relations, but the matters were not appropriate for res-olution until after the discovery process. Motions to dismiss and for judgment on the pleadings denied.