• Wells Fargo Bank, N.A. v. Estate of Malkin

    Publication Date: 2022-06-07
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: A. Thompson Bayliss, Stephen C. Childs, Abrams & Bayliss LLP, Wilmington, DE; Ginger D. Anders, Donald B. Verilli, Jr., Brendan B. Gants, Munger, Tolles & Olson LLP, Washington, DC; Stephen L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Samuel O. Patmore, Jenea M. Reed, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. for appellants.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Gregory J. Star, Michael L. Miller, Joseph M. Kelleher, Cozen O’Connor P.C., Philadelphia, PA for appellee.

    Case Number: D69841

    Bona fide purchaser or securities intermediary could not assert UCC defenses to estate's claim to recover death benefit from stranger-originated life insurance policy since Delaware public policy precluded any party from profiting off an illegal wager on human life.

  • Elavon, Inc. v. Elec.. Transaction Sys. Corp.

    Publication Date: 2022-03-22
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Rolin P. Bissell, James M. Yoch, Jr., Peter J. Artese, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Holmes, Jared D. Wilkinson, Vinson & Elkins LLP, Dallas, TX; Michael S. Dry, Vinson & Elkins LLP, Washington, D.C. for plaintiff.
    for defendant: Michael C. Dalton, Bartholomew J. Dalton, of Dalton & Associates, P.A., Wilmington, DE Ryan Scarborough, Graham W. Safty, Trisha Jhunjhnuwala, Williams & Connolly LLP, Washington, D.C.; Adam L. Balick, Melony R. Anderson, Balick & Balick, LLC, Wilmington, DE for defendants.

    Case Number: D69752

    The court found that the Chancery Court did not have subject matter jurisdiction because there was an adequate remedy at law for plaintiff's issue.

  • In Re: Woodbridge Group of Co., LLC

    Publication Date: 2022-03-08
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69738

    In this per curiam, non-binding opinion, the court held that the Bankruptcy Court did not err in concluding that creditor's claims were barred by res judicata.

  • In re: RGN-Group Holdings, LLC

    Publication Date: 2022-03-01
    Practice Area: Fee Disputes
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69733

    Claimant could pursue attorneys' fees where authorized by lease that debtor remained obligated under, and where claimant had yet to recover the statutory cap of unpaid rent.

  • Consumer Fin. Prot. Bureau v. Nat'l Collegiate Master Student Loan Trust

    Publication Date: 2022-02-22
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff.
    for defendant: Megan Ix Brison, Michael A. Weidinger, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for defendants.

    Case Number: D69722

    The court certified two issues for appeal though there was no final judgment because they were both novel and controlling questions of law with substantial ground for difference of opinion and the appeal would advance the ultimate termination of the litigation.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • BCIM Strategic Value Master Fund LP v. HFF, Inc.

    Publication Date: 2022-02-15
    Practice Area: Deals and Transactions
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: David J. Margules, Elizabeth A. Sloan, Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Stephen Brauerman, Emily A. Letcher, Bayard PA, Wilmington, DE; William B. Igoe, Philadelphia, PA for petitioner.
    for defendant: William M. Lafferty, Ryan D. Stottmann, Sarah P. Kaboly, Morris, Nichols, Arsht & Tunnell LLP, Wilmington DE; Marc J. Sonnenfeld, Laura H. McNally, Morgan, Lewis & Bockius LLP, Philadelphia, PA for respondent.

    Case Number: D69710

    The court, in the appraisal action, determined the fair value of the respondent and gave heavy weight to the deal price.

  • Feenix Payment Sys. LLC v. Blum

    Publication Date: 2022-02-08
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Thomas A. Uebler, Kathleen A. Murphy, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE for plaintiffs.
    for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon, Wilmington, DE for defendant.

    Case Number: D69706

    The court held that the absolute litigation privilege barred tort defamation claims made by plaintiff but that the privilege did not bar plaintiffs' claims for violations of nondisparagement and confidentiality clauses when defendant was allegedly in-strumental in a letter being sent to plaintiffs' lenders that disclosed damaging information about plaintiffs.

  • Consumer Fin. Prot. Bureau v. Nat'l Collegiate Student Loan Trust

    Publication Date: 2021-12-28
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Carolyn I. Hahn, Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff;
    for defendant: Daniel M. Silver, McCarther & English LLP, Wilmington, DE; Megan Ix Brison, Michael A. Weidinger, Pinckney Weidinger Urban & Joyce LLC, Wilmington, DE for defendants.

    Case Number: D69660

    Agency enforcement action filed by agency head who was subject to an unconstitutional removal provision was not automatically void, thereby eliminating the need for the agency to later timely ratify the action within the statute of limitations.

  • Bay Point Capital Partners L.P. v. Fitness Recovery Holdings, LLC

    Publication Date: 2021-12-14
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Steven M. Miller, K. Tyler O’Connell, Barnaby Grzaslewicz, Morris James, Wilmington, DE; John F. Isbell, Law Offices of John F. Isbell, LCC, Atlanta, GA for plaintiffs.
    for defendant: Michael A. Weidinger, Megan Brison, Pickney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Joshua Krakowsky, Davidoff Hutch-er & Citron LLP, New York, NY for defendant.

    Case Number: D69641

    The court held that the promissory notes at issue contained plain, unambiguous terms that did not waive the unsecured credi-tor's right to agree to any modification of the agreement such that defendant's unilateral modification of the due date of the promissory notes was invalid. Motion for judgment on the pleadings granted.

  • InTeam Assocs. v. Heartland Payment Sys., LLC

    Publication Date: 2021-11-16
    Practice Area: Contracts
    Industry: Financial Services and Banking | Consulting | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE; David A. Battaglia, Gibson, Dunn & Crutcher LLP, Los Angeles, CA for plaintiff.
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, Nicole K. Pedi, Richards Layton & Finger, P.A., Wilmington, DE for defendant.

    Case Number: D69608

    The court held that plaintiff failed to show that defendant engaged in contemptuous conduct constituting a violation of a previously issued court order under the preponderance of the evidence standard for contempt claims.