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Publication Date: 2024-02-26
Practice Area: Criminal Law
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE, Dean A. Elwell, McCarter & English, LLP, Boston, MA for plaintiff.
for defendant: David C. McBride, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
Case Number: 438, 2022
Official misconduct conviction reversed where trial court delayed in recognizing legal insufficiency of procurement law violation charge, thereby allowing jury to hear evidence on the procurement charge that could have spilled over into the jury's consideration of the official misconduct charge.
Publication Date: 2024-02-12
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. C. Speed, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Virginia J. Cardenas, Sid Nadkarni, Cantor Fitzgerald, New York, NY; Benjamin R. Nagin, Eric G. Hoffman, Sidley Austin LLP, New York, NY; Tacy F. Flint, Frank J. Favia, Jr., Sidley Austin LLP, Chicago, IL for appellant.
for defendant: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Kyle W. Roche, Kyle Roche P.A., New York, NY; Velvel Freedman, Alex Potter, Freedman Normand Friedland LLP, New York, NY for appellees.
Case Number: 162, 2023
A "forfeiture-for-competition" provision in a partnership agreement did not qualify as a restraint on trade, and thus partners who had negotiated and benefitted from such a term would be held to the terms of their agreement due to the Delaware Revised Uniform Limited Partnership Act's express favor for the enforceability of contracts.
Publication Date: 2024-02-12
Practice Area: Education Law
Industry: Education | Non-Profit | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Wilson B. Davis, New Castle County Law Department, New Castle, DE; Krista M. Reale, Margolis Edelstein, Wilmington, DE; Craig T. Eliassen, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellants.
for defendant: Richard H. Morse, Community Legal Aid Society, Inc., Wilmington, DE; Dwayne Bensing, ACLU Foundation of Delaware, Inc., Wilmington, DE; Saul P. Morgenstern, Peta Gordon, Arnold & Porter Kaye Scholer LLP, New York, NY for appellees.
Case Number: 138, 2023
Chancery court erred in awarding fee shifting in public interest litigation where the case effectively obtained a benefit no greater than simply compelling the government to properly perform its duties.
Publication Date: 2024-02-12
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Regina S.E. Murphy, Amy E. Tryon, Barnes & Thornburg LLP, Wilmington, DE for appellant.
for defendant: Dana L. Reynolds, Law Offices of Dana Reynolds, LLC, Wilmington, DE for appellees.
Case Number: 174, 2023
Trial court erred in involuntarily terminating parental rights where there was insufficient evidence of parent's continuous intention to abandon custody over child, especially where parent expressed desire to reunite and remedied the conditions that led to child's guardianship.
Publication Date: 2024-01-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Mark Lebovitch, Edward G. Timlin, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for appellants.
for defendant: William B. Chandler III, Brad D. Sorrels, Amy L. Simmerman, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Mark R. Yohalem, Wilson Sonsini Goodrich & Rosati, P.C., Los Angeles, CA; William M. Lafferty, Susan W. Waesco, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: 2022-1007
Ability to sue corporate officers for fiduciary violations was not a "power, preference, or special right" of a class of stock and thus a proposed amendment to add an officer exculpation clause did not require a separate class vote under the Delaware General Corporation Law.
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Publication Date: 2024-01-29
Practice Area: Criminal Appeals
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Elliot M. Margules, Office of the Public Defender, Wilmington, DE for appellant.
for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 435, 2022
Cell phone data warrant was an unlawful general warrant where it lacked any temporal limitation and permitted searches of applications unconnected to the facts supporting probable cause.
Publication Date: 2024-01-22
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Raymond D. Armstrong, Office of Defense Services, Wilmington, DE for appellant.
for defendant: Brian L. Arban, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 303, 2022
Court upheld the introduction of expert testimony regarding probabilistic genotyping analysis where the testing had undergone validation studies and peer review and enjoyed general acceptance by the scientific community and many other courts.
Publication Date: 2024-01-22
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Andrew Hatchett, Tiffany Powers, Alston & Bird LLP, Atlanta, GA for appellants.
for defendant: John S. Spadaro, John Sheehan Spadaro, LLC, Wilmington, DE; Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE for appellee.
Case Number: 27, 2023D
Trial court erred in concluding that medical provider had standing to challenge lawfulness of insurer's old billing codes under the workers' compensation law, where the insurer had switched to a new billing code system prior to, and independent of, the provider's lawsuit and any prospective declaratory relief would not redress the claimed injury.
Publication Date: 2024-01-15
Practice Area: Damages
Industry: Construction | Hospitality and Lodging | Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
for defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.
Case Number: 94, 2023
Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.
Publication Date: 2024-01-15
Practice Area: Criminal Appeals
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Nicole M. Walker, Santino Ceccotti, Office of the Public Defender, Wilmington, DE for appellant.
for defendant: Kathryn J. Garrison, Department of Justice, Wilmington, DE for appellee.
Case Number: 364, 2022
Defendant was not entitled to lesser-included offense instruction where there was no set of facts that would permit acquittal on the charged offense but could support conviction on a lesser-included offense.
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