• QAD, Inc. v. Block & Co., Inc.

    Publication Date: 2022-05-10
    Practice Area: Contracts
    Industry: Manufacturing | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69811

    In this memorandum opinion, the court found the arbitrator's award in favor of plaintiff to be supported by the evidence.

  • Valentin v. Wysock

    Publication Date: 2022-05-10
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Katherine Butler, Law Offices of Kate Butler, Esq., Wilmington, DE for plaintiffs.
    for defendant: Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.

    Case Number: D69813

    Motion for leave to amend denied where claims against a new defendant were untimely, as the relation back doctrine did not apply because there was no mistake of identity or fact that prevented the defendant from being timely named as a party.

  • Paycom Software, Inc. v. Travelers Cas. & Surety Co. of Am.

    Publication Date: 2022-04-26
    Practice Area: Insurance Litigation
    Industry: Insurance | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jennifer Catherine Wasson, Carla Michelle Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Stephen T. Raptis, Reed Smith, Washington, DC for plaintiff.
    for defendant: Robert J. Katzenstein, Julie M. O'Dell, Smith, Katzenstein, & Jenkins LLP, Wilmington, DE for defendant.

    Case Number: D69794

    Court transferred venue in D&O policy dispute to the state where the insured was headquartered as that was where the insured corporation incurred the subject legal costs.

  • In re Tonopah Solar Energy, LLC

    Publication Date: 2022-04-19
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Edmon L. Morton, Matthew B. Lunn, Ashley E. Jacobs, Jared W. Kochenash, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Paul V. Shalhoub, Todd G. Cosenza, Charles D. Cording, Ciara A. Copell, Willkie Farr & Gallagher LLP, New York, NY for appellant.
    for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Vincent F. Alexander, Lewis Brisbois Bisgaard & Smith LLP, Fort Lauderdale, FL; Andrew Bluth, Lewis Brisbois Bisgaard & Smith LLP, Sacramento, CA for appellees.

    Case Number: D69786

    Bankruptcy court did not abuse discretion in sua sponte invoking the permissive abstention doctrine to adjudicate claim objections where doing so would not materially affect administration of the bankruptcy estate and the claim objections largely sought to adjudicate the merits of an underlying litigation that involved the rights of other parties not involved in the bankruptcy proceeding.

  • Schuetze, Inc. v. Utilligent, LLC

    Publication Date: 2022-04-19
    Practice Area: Contracts
    Industry: Consulting
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: David B. Anthony, Peter C. McGivney, Berger Harris, LLP, Wilmington, DE; Brian Hansen, Clayton O. Knowles, Adams and Reese LLP, Atlanta, GA for plaintiff.
    for defendant: Robert A. Penza, Joseph C. Sharp, Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE for defendant.

    Case Number: D69788

    The court held that plaintiff failed to state a claim for either fraud or breach of implied covenant.

  • Law Journal Press | Digital Book

    California Premises Liability Law

    Authors: Jayme C. Long

    View this Book

    View more book results for the query "*"

  • Registered Agent Solutions, Inc. v. Corp. Serv. Co.

    Publication Date: 2022-04-19
    Practice Area: Business Torts
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Kristina D. McKenna, Sheryl Koval Garko, Ryan C. Wooten, Shayan Said, Orrick, Herrington & Sutcliffe LLP, Boston, MA, Houston, TX, San Francisco, CA for plaintiff.
    for defendant: Jonathan A. Choa, Daniel Rusk, Potter Anderson & Corroon, LLP, Wilmington, DE; Eric M. Fishman, Jay. D. Dealy, Max. A. Winograd, Pillsbury Winthrop Shaw Pittman LLP, New York, NY for defendant.

    Case Number: D69787

    The court held the claim under the Lanham Act was governed by F.R.C.P. 9 that required the plaintiff to plead fraud with heightened specificity.

  • Walsh v. DeVilbiss Landscape Architects

    Publication Date: 2022-04-19
    Practice Area: Labor Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Seema Nanda, Solicitor of Labor, Oscar L. Hampton III, Regional Solicitor, Matthew R. Epstein, Trial Attorney, United States Department of Labor, Philadelphia, PA for plaintiff.
    for defendant: William D. Sullivan, Sullivan Hazeltine Allinson LLC, Wilmington, DE; Wendel V. Hall, The Hall Law Office, PLLC, Washington, DC for defendants.

    Case Number: D69789

    The court held the jury verdict that found the employees of a landscaping company were not agricultural employees and that the employer was an employer under the Fair Labor Standards Act such that the employees should have been paid overtime was supported by substantial evidence.

  • Innovate 2 Corp. v. Motorsport Games Inc.

    Publication Date: 2022-04-12
    Practice Area: Securities Litigation
    Industry: Entertainment and Leisure | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Joseph Benedict Cicero, Aidan T. Hamilton, Gregory Erich Stuhlman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Matthew J. Reynolds, Sara G. Wilcox, Huth Reynolds LLP, New York, NY & Denver, CO; Ned C. Weinberger, Labaton Sucharow LLP, Wilmington, DE for plaintiffs.
    for defendant: Daniel A. O’Brien, Brian L. Schwalb, Venable LLP, Wilmington, DE for defendants.

    Case Number: D69779

    Minority stockholders plausibly alleged that controlling shareholder used insider knowledge to mislead the minority stockholders into being bought out for an unfair price where the now wholly owned company represented almost all the attributed value of the controlling shareholder, which soon after went public for a much higher price than the minority stockholders sold out for.

  • In re Pattern Energy Group Inc. Sec. Litig.

    Publication Date: 2022-04-12
    Practice Area: Securities Litigation
    Industry: Energy | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Sue L. Robinson, Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Andrew J. Entwistle, Entwistle & Cappucci LLP, Austin, TX; Vincent R. Cappucci, Arthur V. Nealon, Brendan J. Brodeur, Jonathan H. Beemer, Jessica A. Margulis, Entwistle & Cappucci LLP, New York, NY; Marc M. Seltzer, Krysta Kauble Pachman, Susman Godfrey L.L.P., Los Angeles, CA for plaintiffs.
    for defendant: A. Thompson Bayliss, April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Alan S. Goudiss, K. Mallory Brennan, Shearman & Sterling LLP, New York, NY; Christina E. Myrold, Shearman & Sterling LLP, San Francisco, CA for defendants.

    Case Number: D69781

    Motion to dismiss Exchange Act violations denied where plaintiffs plausibly alleged that defendant board had acknowledged that a competing merger offer constituted a better value and would provide stockholders with a higher price, and knew at the time of voting to approve another offer that the competing bidder was willing to continue discussing more favorable terms of merger.

  • In re Mallinckrodt PLC

    Publication Date: 2022-04-12
    Practice Area: Bankruptcy
    Industry: Pharmaceuticals | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69780

    Bankruptcy court properly authorized debtors' payment of professional fees incurred under a restructuring support agreement where payment of the fees advanced debtors' interests by facilitating resolution of legal claims against debtors and its Chapter 11 restructuring.