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Publication Date: 2024-05-13
Practice Area: Environmental Law
Industry: Cargo and Shipping | Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Kenneth T. Kristl, Widener University Delaware Law School, Wilmington, DE for appellants.
for defendant: Devera B. Scott, Deputy Attorney General, Delaware Department of Justice, New Castle, DE for appellee.
Case Number: N22A-11-006 SKR
Environmental Appeals Board erred in dismissing nearby homeowners' challenge to port construction project for lack of standing where homeowners sufficiently alleged negative impacts from air and water contamination sufficient to establish standing.
Publication Date: 2024-05-13
Practice Area: Mergers and Acquisitions
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Richard L. Renck, Mackenzie M. Wrobel, Duane Morris LLP, Wilmington, DE; John Soroko, Wayne A. Mack, Michael J. Rinaldi, Jessica Priselac, Duane Morris, Philadelphia, PA for plaintiffs.
for defendant: J. Matthew Belger, Kevin R. Shannon, Potter Anderson & Corroon LLP, Wilmington, DE; Jay P. Lefkowitz, P.C., Devora Allon, P.C., John P. Del Monaco, Alexandra I. Russell, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 2018-0075-SG
Court granted judgment for defendants on plaintiffs' breach of merger agreement claim where record indicated defendants undertook commercially reasonable efforts to develop pharmaceutical treatment and reasonably abandoned development when testing indicated that commercialization would not result in a reasonable profit.
Publication Date: 2024-05-13
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Health Care | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Ned Weinberger, Brendan W. Sullivan, Labaton Sucharow LLP, Wilmington, DE; John Vielandi, Labaton Sucharow LLP, New York, NY; Jeremy Friedman, David Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; Lee D. Rudy, Eric L. Zagar, J. Daniel Albert, Geoffrey C. Jarvis, Grant D. Goodhart, III, Kessler Topaz Meltzer & Check, LLP, Radnor, PA for appellants.
for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Craig K. Ferrere, Richards, Layton & Finger, P.A., Wilmington, DE; William M. Lafferty, Ryan D. Stottmann, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Blair Connelly, Latham & Watkins LLP, New York, NY; Kristin N. Murphy, Ryan A. Walsh, Latham & Watkins LLP, Costa Mesa, CA for appellees.
Case Number: 2022-0698
Court reversed dismissal of action challenging corporate acquisition where proxy statement failed to disclose advisors' conflicts of interest and erroneously described the advisors' roles in the transaction.
Publication Date: 2024-05-13
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2549
Settlement agreement arising from bankruptcy mediation did not evidence the parties' intent to waive confidentiality protections under local bankruptcy rules.
Publication Date: 2024-05-06
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Christopher H. Lyons, Tayler D. Bolton, Robbins Geller Rudman & Dowd LLP, Wilmington, DE; Randall J. Baron, Benny C. Goodman III, Andrew W. Hutton, Robbins Geller Rudman & Dowd LLP, San Diego, CA; Gladriel Shobe, Jarrod Shobe, Shobe & Shobe, LLP, Provo, UT for plaintiff.
for defendant: Blake Rohrbacher, Matthew D. Perri, Nicole M. Henry, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE; Robert A. Van Kirk, John Williams, Tyler Infinger, Bryan Czako, William Donnelly, Williams & Connolly LLP, Washington, DC for defendants.
Case Number: 2022-0664-MTZ
Plaintiff adequately pled breach of contractual duty of good faith when general partner concealed information indicating that equityholders lacked legal leverage to force a settlement payment for the loss of tax receivable agreement rights in exchange for their approval of the corporate conversion.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2024-05-06
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: C. Barr Flinn, Elisabeth S. Bradley, Kevin P. Rickert, Zeliang Liu, Hana Brajuskovic, Elena C. Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Michael A. Barlow, Hayden Driscoll, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE for defendant.
Case Number: 2022-0672-SG
Plaintiff was not entitled to books and records where record supported finding that parties had failed to reach agreement on essential terms to induct plaintiff as a partner and continued to regard him as an employee.
Publication Date: 2024-05-06
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Miller
Attorneys: For plaintiff: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
for defendant: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Wilmington, DE for defendants.
Case Number: N20C-04-005 KMM
Court partially granted lender's motion to quash judgment creditor's writs of garnishment to collect on lender's collateral, where the court adopted the legal principle that a lender did not have to take affirmative steps to preserve its priority status over a lien creditor.
Publication Date: 2024-05-06
Practice Area: Labor Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Trina M. Stanford, Wilmington, DE, pro se plaintiff.
for defendant:
Case Number: 23-663-RGA
Court sua sponte dismissed employment discrimination claims due to insufficient allegations regarding employment status and exhaustion of administrative remedies.
Publication Date: 2024-05-06
Practice Area: Legal Malpractice
Industry: Insurance | Legal Services
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Michael R. Ippoliti, Ippoliti Law Group, Wilmington, DE for appellant.
for defendant: Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for appellee.
Case Number: D75841
Trial court erred in dismissing legal malpractice complaint on a superseding cause defense where it failed to address plaintiff's contention that defendant's negligent representation resulted in the parties failing to prevail on all claims in the underlying action, which would have negated the superseding event.
Publication Date: 2024-05-06
Practice Area: Labor Law
Industry: E-Commerce
Court: Delaware Superior Court
Judge: Judge Miller
Attorneys: For plaintiff: Kristopher T. Starr, Marshall Dennehy, P.C., Wilmington, DE for appellant.
for defendant: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for appellee.
Case Number: N23A-04-003 KMM
Treatment falling outside Health Care Practice Guidelines could still be reasonable and necessary and thus compensable under workers' compensation, such that the Industrial Accident Board was not obligated to take judicial notice of the Guidelines where some of a claimant's treatment fell outside them.
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