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Publication Date: 2023-09-18
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.
for defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.
Case Number: 22-04577
Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
Case Number: N21C-12-039
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
Publication Date: 2023-08-21
Practice Area: Bankruptcy
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10687 (CTG)
The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.
Publication Date: 2023-07-31
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Jennifer A. Sutton, Margolis Edelstein, Wilmington, DE for appellant.
for defendant: Wade A. Adams, III, Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE for appellees.
Case Number: S21C-08-013
Superior Court correctly applied Sutton rule to bar landlord's insurer from pursuing subrogation against tenants who negligently damaged the property, where the lease contained no provision demonstrating that the landlord and tenant expressly intended for the tenant to obtain their own insurance or to be barred from coverage under the landlord's policy.
Publication Date: 2023-07-10
Practice Area: Corporate Governance
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Serine Consolino, Aegis Law Group LLP, Washington, DC for appellant.
for defendant: Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for appellees.
Case Number: 163, 2022
Stock issuance that diluted interest of stockholder with one-half interest who had filed a custodian action to break board election deadlock was not inequitable where issuance was reasonably calculated to prevent default under company's key contracts and had the benefit of retaining a key employee, while stockholder was not coerced as she retained a swing vote.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-07-03
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Patrick J. Collins, Collins & Price, Wilmington, DE for appellant.
for defendant: Brian Arban, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 218, 2022
Errors in microscopic hair comparison forensic testimony did not compel postconviction relief where the errors did not exculpate defendant and the state presented other substantial evidence of defendant's guilt.
Publication Date: 2023-06-20
Practice Area: Mergers and Acquisitions
Industry: Automotive | Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Jay W. Eisenhofer, Christine M. Mackintosh, Kelly L. Tucker, Vivek Upadhya, Grant & Eisenhofer P.A., Wilmington, DE; Michael Hanrahan, Kevin H. Davenport, Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Daniel L. Berger, Grant & Eisenhofer P.A., New York, NY; Lee D. Rudy, Eric L. Zagar, Justice O. Reliford, Matthew Benedict, Kessler Topaz Meltzer & Check, LLP, Radnor, PA; Randall J. Baron, David T. Wissbroecker, Robbins Gellar Rudman & Dowd LLP, San Diego, CA for appellants.
for defendant: David E. Ross, Garrett B. Moritz, Ross Aronstam & Moritz LLP, Wilmington, DE; Evan R. Chesler, Daniel Slifkin, Vanessa A. Lavely, Cravath, Swaine & Moore LLP, New York, NY for appellee.
Case Number: 181, 2022
Chancery court correctly found acquisition of company partially owned by controlling stockholder was entirely fair where stockholder recused himself from shareholder vote, the board operated independently, and evidence demonstrated that the acquired company had value from long-term cash flows and was not worthless due to being insolvent.
Publication Date: 2023-06-06
Practice Area: Administrative Law
Industry: Automotive | Retail | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Kelly E. Farnan, Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Felicia H. Ellsworth, Sofie C. Brooks, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Ari Holtzblatt, Leon T. Kenworthy, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. for appellant.
for defendant: George T. Lees III, Delaware Department of Transportation, Dover, DE for appellee.
Case Number: 375, 2022
DMV erred in interpreting Franchise Act to include a ban on the direct sales model, and vehicle manufacturer with no third-party dealers did not qualify as a "manufacturer" under the Act's definition.
Publication Date: 2023-05-16
Practice Area: Contractual Disputes
Industry: Consulting | Pharmaceuticals
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Scott James Leonhardt, Jason A. Gibson, The Rosner Law Group LLC, Wilmington, DE; Alexander Klein, Barket Epstein Kearon Aldea & Loturco, LLP, Garden City, NY for appellant.
for defendant: Laurence V. Cronin, Kelly A. Green, Smith, Katzenstein & Jenkins, LLP, Wilmington, DE; Robert S. Friedman, Joshua I. Schlenger, Katherine Anne Boy Skipsey, Sheppard, Mullin, Richter & Hampton, LLP, New York, NY for appellee.
Case Number: 299, 2022
Chancery court erred in accepting corporate board committee's interpretation of stock option agreement provision without further review or offering the parties the opportunity to provide supplemental briefing or oral argument. Reversed and remanded.
Publication Date: 2023-04-04
Practice Area: Insurance Law
Industry: Financial Services and Banking | Insurance | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Kevin G. Abrams, John M. Seaman, Samuel D. Cordle, Abrams & Bayliss LLP, Wilmington, DE; Harry S. Davis, Robert E. Griffin, Schulte Roth & Zabel LLP, New York, NY for appellant.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; Joseph M. Kelleher, Brian D. Burack, Cozen O’Connor, Philadelphia, PA for appellee.
Case Number: N18C-07-289
Courts had to conduct fault-based analysis evaluating the parties' knowledge or inquiry notice of the illegality of life insurance policies ultimately deemed to be stranger originated life insurance policies when determining whether to order disgorgement of paid premiums or allow the insurer to retain the premiums.
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