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  • Diep v. Sather

    Publication Date: 2021-08-18
    Practice Area: Securities Litigation
    Industry: Food and Beverage | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrews & Springer LLC, Wilmington, DE; Hung G. Ta, Joo Yun Kim, Natalia D. Williams, Hung G. Ta, Esq, PLLC, New York, NY; Peter Safirstein, Elizabeth S. Metcalf, Safirstein Metcalf LLP, New York, NY for plaintiff.
    for defendant: Kurt M. Heyman, Elizabeth A. DeFelice, Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Adam H. Offenhartz, Gibson, Dunn & Crutcher LLP, New York, NY; Tyler H. Amass, Gibson, Dunn & Crutcher LLP, Denver, CO for the Special Litigation Committee.
    Case Number: D69505

    A special litigation committee conducted a fair and extensive evaluation of the insider trading claims in this case, so the court granted the committee's motion to dismiss this action.

  • Latsch v. Meding & Son, Inc.

    Publication Date: 2021-08-18
    Practice Area: Administrative Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Sarah Latsch, appellant pro se.
    for defendant: David N. Rutt, Moore & Rutt, P.A., Georgetown, DE for appellee.
    Case Number: D69507

    An employer had just cause to terminate an employee who had abandoned her job, so the court affirmed the Unemployment Insurance Appeal Board's determination that the claimant was not entitled to unemployment benefits.

  • Shareholder Representative Serv. LLC v. Albertsons Co., Inc.

    Publication Date: 2021-06-23
    Practice Area: Mergers and Acquisitions
    Industry: E-Commerce | Food and Beverage | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: John P. DiTomo, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John T. Ruskusky, Lisa C. Sullivan, Nixon Peabody, LLP, Chicago, IL for plaintiff.
    for defendant: Thomas E. Hanson, Jr., Barnes & Thornburg LLP, Wilmington, DE; Michael E. Swartz, Taleah E. Jennings, Schulte Roth & Zabel LLP, New York, NY; Thomas P. DeFranco, Schulte Roth & Zabel LLP, Washington, DC for defendant.
    Case Number: D69445

    The court refused to dismiss a breach of contract claim where plaintiff alleged sufficient facts to support its assertion that defendant intentionally missed milestones under a merger agreement that would have required it to make earnout payments.

  • Heine v. JB Inc.

    Publication Date: 2021-06-16
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Michael J. Hood, Michael J. Hood, LLC, Elsmere, DE for plaintiffs.
    for defendant: Sean A. Dolan, Mintzer Sarowitz Zeris Ledva & Meyers LLP, Wilmington, DE for defendant.
    Case Number: D69434

    A grocery store was not entitled to summary judgment because a jury had to decide whether the store act-ed as a reasonably prudent shopkeeper overseeing the activities of a third party.

  • Keys v. Hanover Foods Corp.

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Curtis J. Crowther, Timothy J. Houseal, Lauren E.M. Russell, and Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D69400

    Race discrimination claim dismissed on summary judgment where employee failed to present any specific evidence that his termination for sleeping on the job was pretext for racial animus.

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  • Cuppels v. Mountaire Corp.

    Publication Date: 2021-04-28
    Practice Area: Environmental Law
    Industry: Agriculture | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Barid Mandalas Brockstedt, Lewes, DE; Philip C. Federico, Brent Ceryes, Schochor, Federico, and Staton, P.A., Baltimore, MD for plaintiffs.
    for defendant: F. Michael Parkowski, Michael W. Teichman, Parkowski Guerke & Swayze, P.A., Wilmington, DE; Lisa C. McLaughlin, Todd L. Goodman, John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; James R. Wedeking, Timothy K. Webster, Gordon D. Todd, Erika L. Maley, Daniel J. Hay, Sidley Austin, LLP, Washington, DC for defendants.
    Case Number: D69376

    Court approved class action settlement where, despite defendants' vigorous contesting of liability, plaintiffs and class counsel were able to secure a multi-million settlement on behalf of the class.

  • In re: Lucky's Market Parent Co.

    Publication Date: 2021-04-07
    Practice Area: Bankruptcy
    Industry: Food and Beverage | Real Estate | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69354

    The bankruptcy court rejected a landlord's administrative expense claim, because the lease provided that trade fixtures remained debtors' property.

  • DG BF, LLC v. Ray

    Publication Date: 2021-03-17
    Practice Area: Corporate Governance
    Industry: Consumer Products | Food and Beverage | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Sean J. Bellew, Bellew LLP, Wilmington, DE; Gerard P. Fox, Marina V. Bogorad, Gerard Fox Law P.C., Los Angeles, CA for plaintiffs.
    for defendant: Sean A. Meluney, Matthew D. Beebe, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE; David B. Anthony, Berger Harris LLP, Wilmington, DE; Perry J. Woodward, Hopkins & Carley, A Law Corporation, San Jose, CA for defendants.
    Case Number: D69328

    Plaintiffs could proceed with breach of contract and implied covenant of good faith and fair dealing claims after alleging company and its officers breached express obligations under operating agreement and failed to act in good faith in selection of independent managers.

  • RSUI Indem. Co. v. Murdock

    Publication Date: 2021-03-17
    Practice Area: Insurance Litigation
    Industry: Food and Beverage | Insurance | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Robert J. Katzenstein, Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Robert P. Conlon, Kevin A. Lahm, Cassandra L. Jones, Walker Wilcox Matousek LLP, Chicago, IL for plaintiff.
    for defendant: Elena C. Norman, Mary F. Dugan, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Kirk A. Pasich, Pamela Woods, Christopher T. Pasich, Pasich LLP, Los Angeles, CA for defendants.
    Case Number: D69330

    Delaware public policy did not make fraudulent conduct by corporate directors and officers uninsurable, and a policy exclusion did not apply.

  • Berry v. Mitra QSR KNE LLC

    Publication Date: 2021-03-03
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: James R. Donovan, Alexis N. Stombaugh, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for plaintiff
    for defendant: Joseph Andrews, Taylor E. Trapp, Law Office of Joseph Andrews, Dover, DE for defendant.
    Case Number: D69310

    Industrial Accident Board's credibility determinations finding claimant not credible and crediting employer's medical expert's opinion over claimant's expert provided sufficient basis to grant employer's petition to terminate benefits.