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Publication Date: 2024-11-19
Practice Area: Medical Malpractice
Industry: Health Care | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Raj Srivatsan, The Igwe Firm, Wilmington, DE for plaintiffs.
for defendant: Lindsey E. Imbrogno, Balaguer, Milewski, & Imbrogno LLP, Wilmington, DE for defendants.
Case Number: N21C-05-082 VLM
Court dismissed plaintiffs' defamation claim, finding that medical providers were entitled to immunity as mandatory reporters under the Child Abuse Prevention Act as plaintiffs failed to overcome the presumption that the providers filed reports with Division of Family Services in good faith.
Publication Date: 2024-11-05
Practice Area: Corporate Entities
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for defendant.
Case Number: K23C-12-023 RLG
Court denied judgment on the pleadings on departing partner's claim for unpaid medical leave where there were outstanding issues as to the partner's liability for the partnership's negative account balance following its windup.
Publication Date: 2024-10-29
Practice Area: Corporate Entities
Industry: Health Care | Insurance
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Barry F. Fagel, Lindhorst & Dreidame Co., L.P.A., Cincinnati, OH for plaintiff.
for defendant: David B. Anthony, Berger McDermott LLP, Wilmington, DE; Brian Gottesman, Gabell Beaver LLC, Wilmington, DE; Alisa E. Moen, Moen Law LLC, Wilmington, DE for defendants.
Case Number: 2022-0004-SG
Facts demonstrated that plaintiff was entitled to ownership stake in business under promissory estoppel where defendants represented that plaintiff was a co-founder but failed to include him as a member in the LLC's formation documents.
Publication Date: 2024-10-22
Practice Area: Business Torts
Industry: Biotechnology | Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2427
Court remanded case where district court did not review the evidence as to all advertisements at issue in a Lanham Act false advertising case.
Publication Date: 2024-10-08
Practice Area: Employment Litigation
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: John M. Seaman, G. Mason Thomson, Abrams & Bayliss LLP, Wilmington, DE; Ryan Q. Keech, K&L Gates LLP, Los Angeles, CA; Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Carl Alan Roth, Roth Ames LLP, La Habra, CA for plaintiff.
for defendant: John P. DiTomo, Lauren K. Neal, Courtney Kurz, Taylor A. Christensen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant.
Case Number: 2022-1192-LWW
Court ruled that company's former LLP agreement's vesting and forfeiture terms for partnership units could be incorporated into restricted stock agreement following company's corporate conversion and exchange of employee's units for restricted stock.
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Publication Date: 2024-09-24
Practice Area: Criminal Law
Industry: Accounting | Federal Government | Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2851
Accountants' testimony did not constitute improper lay opinion testimony where their discussion of accounting concepts was merely foundational to their fact testimony, which was based on their personal experiences with the fraudulent scheme in the case.
Publication Date: 2024-09-17
Practice Area: Corporate Governance
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: David J. Margules, Elizabeth A. Sloan, Steven L. Becton, II, Ballard Spahr LLP, Wilmington, DE for plaintiff.
for defendant: Mary F. Dugan, Emily V. Burton, Tanner C. Jameson, Alan C. Cardenas-Moreno, Young Conaway Stargatt & Taylor LLP, Wilmington, DE for defendant.
Case Number: 2024-0121-LWW
Court upheld transaction involving merger of operating subsidiary and amendment of its LLC agreement to remove manager, where the relevant LLC agreements and the LLC Act authorized the actions taken to facilitate the transaction.
Publication Date: 2024-09-03
Practice Area: Employment Litigation
Industry: Health Care | Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Ethan H. Townsend, Aaron P. Sayers, McDermott Will & Emery LLP, Wilmington, DE; Rachel B. Cowen, McDermott Will & Emery LLP, Chicago, IL; Morris J. Fodeman, Wilson Sonsini Goodrich & Rosati, New York, NY; Jeffery S. Hood, Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA for plaintiff.
for defendant: Philip A. Rovner, Potter Anderson & Corroon LLP, Wilmington, DE; Nimalka Wickramasekera, Winston & Strawn LLP, Los Angeles, CA, Brian J. Nisbet, Elizabeth S. Deshaies, Winston & Strawn LLP, Chicago, IL, John C. Sanders, Jr., Winston & Strawn LLP, Dallas, TX for defendants.
Case Number: 2017-0720-SG
Failure to disclose passive investment in competitor did not by itself constitute a breach of loyalty where there was no evidence executive acted against his employer's interests, used the investment to obtain an advantage, or had a conflict of interest.
Publication Date: 2024-08-27
Practice Area: Mergers and Acquisitions
Industry: Accounting | Distribution and Wholesale | Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Kelly E. Farman, Matthew W. Murphy, Edmond S. Kim, Richards, Layton & Finger, P.A., Wilmington, DE for petitioner.
for defendant: Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE for respondent.
Case Number: N23C-02-164 PRW CCLD
Court upheld expert determination issued under parties' contractual dispute resolution clause where record undermined objector's claim that expert overlooked or improperly relied on evidence.
Publication Date: 2024-08-13
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiffs.
for defendant: Henry E. Gallagher, Jr., Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 2023-1280-MTZ
Court declined to enforce arbitration provision against nonsignatory plaintiffs where their complaint did not seek to enforce the terms of the contract containing the arbitration clause.
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