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  • Coster v. UIP Co., Inc.

    Publication Date: 2021-07-21
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Wilmington, DE; Michael K. Ross, Thomas Shakow, Serine Consolino, Sean Roberts, Aegis Law Group LLP, Washington, DC for plaintiff.
    for defendant: Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC for defendants.
    Case Number: D69471

    Chancery court erred in ruling that stock sale to break shareholder deadlock and avoid shareholder's action for appointment of a custodian for the company was permissible if the stock was sold at a fair price, as the company and its board and other shareholder were obligated to demonstrate a compelling justification for conducting the sale.

  • Concerned Citizens of the Estates of Fairway Vill. v. Fairway Cap, LLC

    Publication Date: 2021-07-14
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellants.
    for defendant: Jeffrey M. Weiner, Law Offices of Jeffery M. Weiner, P.A., Wilmington, DE; Timothy Jay Houseal, William E. Gamgort, Young Conaway Stargatt & Taylor, LLP for appellees.
    Case Number: D69463

    Defendant's failure to move to lift preliminary injunction after co-plaintiff withdrew the security bond and the remaining plaintiff failed to post a replacement bond barred defendant from recovering wrongful injunction damages.

  • Purnell v. State

    Publication Date: 2021-06-30
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Tiffani D. Hurst, Hurst Legal Services, Phila-delphia, PA for defendant.
    for defendant: Carolyn S. Hake, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69450

    Defendant presented an extraordinary case that he was entitled to relief on his untimely and successive post-conviction relief motion due to his trial attorney's conflict of interest.

  • State of Delaware, Dep't of Fin. v. AT&T Inc.

    Publication Date: 2021-06-16
    Practice Area: Administrative Law
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Sara A. Lima, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69437

    Where defendant made a particularized showing regarding an improper purpose in connection with an agency's issuance of a governmental subpoena, the court was entitled to request further submissions before deciding the matter.

  • Houston v. State

    Publication Date: 2021-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for the state.
    Case Number: D69424

    Motion to suppress was properly denied where police had not completed a background check or issued a citation before defendant fled from the scene, resulting in his arrest and inventory search of his vehicle that recovered drugs.

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  • GXP Capital, LLC v. Argonaut Mfg. Serv., Inc.

    Publication Date: 2021-06-02
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Peter H, Kyle, DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
    Case Number: D69418

    The Delaware Supreme Court concluded that the lower court did not abuse its discretion in staying this ac-tion to permit plaintiff to file an action in a more convenient forum.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2021-05-26
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Olga Beskrone, Community Legal Aid Society, Inc., Wilmington, DE appellants.
    for defendant: Michael P. Morton, Robert J. Valihura, David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee.
    Case Number: D69410

    Capital improvements to a manufactured home community entitled the owner to raise rent under the Rent Justification Act, but the owner could not extend the rent increase into subsequent years once it had recov-ered that expense.

  • Ayers v. State

    Publication Date: 2021-05-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick J. Collins, Collins & Associates, Wilmington, DE for appellant.
    for defendant: Sean P. Lugg, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69382

    Prosecutor improperly invited jury to consider defendant's courtroom demeanor, but such error was harmless where multiple witnesses testified to defendant's active participation in the criminal offense.

  • Risper v. State of Delaware

    Publication Date: 2021-04-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew J. Vella, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Nicole M. Walker, Office of Public Defender, Wilmington, DE for defendant.
    Case Number: D69372

    The Delaware Supreme Court reversed and remanded this criminal proceeding where the state did not pro-vide exculpatory evidence until the eve of defendant's murder trial.

  • Lloyd v. State of Delaware

    Publication Date: 2021-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Sean P. Lugg, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Megan J. Davies, Jan A.T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for defendant.
    Case Number: D69364

    The trial court did not err in denying defendant's motion to sever his case for trial in this criminal racket-eering matter.