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Publication Date: 2021-12-14
Practice Area: Tax
Industry: E-Commerce
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Anthony J. Testa, Jr., Matthew M. Warren, Michael B. Cooksey, Delaware Department of Justice, Wilmington, DE; Tiffany R. Moseley, Steven S. Rosenthal, Loeb & Loeb, Washington, DC for appellant
for defendant: Frank. J. Gallo, Kyle O. Sollie, Sebastian C. Watt, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE for appellee
Case Number: D69643
Division of revenue policy limiting the use of net operating loss to the amount claimed on a consolidated federal income tax return was inconsistent with operative state tax law which required each Delaware corporate taxpayer to calculate its income as if it had filed its federal return separately.
Publication Date: 2021-11-30
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Kenneth J. Nachbar, Megan Ward Cascio, Sabrina M. Hendershot, Morris, Nichols, Arsht, & Tunnell, LLP, Wilmington, DE, for appellant.
for defendant: Daniel R. Miller, Walden, Macht & Haran, LLP, Philadelphia, PA, for appellee.
Case Number: D69624
The court, in its en banc opinion, answered three certified questions that arose in District Court litigation: first, a death benefit payment made on a void insurance policy still qualified as a payment under a contract within the meaning of 18 Del. C. § 2704(b); second, the use of nonrecourse funding to pay premiums was not a violation of the insurance code without a showing of bad faith; third, fraud in an insurance application did not bar an estate's claim under § 2704(b) when the recipient of the death benefits cannot establish th
Publication Date: 2021-11-16
Practice Area: Patent Licensing and Transactions
Industry: Pharmaceuticals
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Joseph B. Warden, Douglas E. McCann, Fish & Richardson P.C., Wilmington, DE for appellants.
for defendant: Daniel A. O’Brien, Venable LLP, Wilmington, DE; Christopher P. Borello, Joshua D. Calabro, Venable LLP, New York, NY for appellee.
Case Number: D69609
The court affirmed the Court of Chancery ruling that the license agreement required appellant to provide a power of attorney to appellee for prosecution of product patents but held, contrary to the Court of Chancery, that the licensor/patent holder had advance approval rights for filings relating to its intellectual property incorporated into the subject product such that appellant was not required to give power of attorney for licensee to file a terminal disclaimer.
Publication Date: 2021-10-20
Practice Area: Government
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for appellant.
for defendant: David C. Skoranski, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: D69579
Legislative history and historical jurisprudence clearly indicated that "infamous crimes" that would render a person ineligible to hold public office only included felonies and not misdemeanors.
Publication Date: 2021-10-06
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Kevin G. Abrams, Eric A. Veres, Stephen C. Childs, Abrams & Bayliss LLP, Wilmington, DE; John A. Neuwirth, Stefania D. Venezia, Amanda K. Pooler, Weil, Gotshal & Manges LLP, New York, NY for appellants.
for defendant: Ned Weinberger, Derrick Farrell, Mark Richardson, Labaton Sucharow LLP, Wilmington, DE; Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrews & Springer LLC, Wilmington, Delaware; Steven J. Purcell, Douglas E. Julie, Robert H. Lefkowitz, Kaitlyn T. Devenyns, Purcell Julie & Lefkowitz LLP, New York, NY; Jeremy S. Friedman, David F.E. Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY for appellees.
Case Number: D69560
Court overruled the Gentile carve-out doctrine where it created analytical tension with Tooley and other legal doctrines permitted stockholders to pursue direct claims for fiduciary breaches.
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Publication Date: 2021-09-29
Practice Area: Corporate Entities
Industry: E-Commerce | Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Davis
Attorneys: For plaintiff: John L. Reed, Peter H. Kyle, Kelly L. Freund, DLA Piper LLP (US), Wilmington, DE for petitioners.
for defendant: Samuel A. Nolen, Richards, Layton & Finger, P.A., Wilmington, DE; Andrew Hammond, Michelle Letourneau-Belock, Bryan Beaudoin, White & Case LLP, New York, NY for respondent.
Case Number: D69551
The Delaware Supreme court held that stockholders could waive their statutory appraisal rights.
Publication Date: 2021-09-22
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE for the state.
for defendant: Benjamin S. Gifford IV, Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.
Case Number: D69549
The trial court erred in refusing to grant defendant's motion to suppress because a search warrant lacked particularity, and allowing the state to introduce information gleaned from defendant's smartphone into evidence was not harmless error.
Publication Date: 2021-09-01
Practice Area: Legal Malpractice
Industry: Financial Services and Banking | Legal Services | Real Estate
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for appellants.
for defendant: Carol A. Vanderwoude, Marshall Dennehey Warner Coleman & Goggin, P.C., Philadelphia, PA, Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellee.
Case Number: D69520
Former clients sufficiently pled legal malpractice cause of action by alleging that legal counsel negligently advised clients to pursue litigation strategy that had no merit, resulting in clients incurring unnecessary litigation expense.
Publication Date: 2021-08-25
Practice Area: Criminal Appeals
Industry:
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: John S. Malik, Wilmington, DE for defendant.
for defendant: Matthew C. Bloom, Delaware Dep’t of Justice, Wilmington, DE for the state.
Case Number: D69517
The trial court did not abuse its discretion in admitting text message evidence, and the prosecutor's remarks during rebuttal summation were not improper.
Publication Date: 2021-08-11
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE, on his own behalf.
for defendant: Ryan T. Costa,Delaware Dep’t of Justice, Wilmington, DE for the Superior Court.
Case Number: D69499
The trial court did not abuse its discretion in finding that an attorney's statements to the press violated a gag order, because there was a substantial likelihood that the comments would cause material prejudice.
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