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Publication Date: 2019-08-21
Practice Area: Corporate Entities
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, and Thomas G. James, Weil, Gotshal & Manges, LLP, New York, NY for plaintiffs.
for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE for receiver.
Case Number: D67675
Judicial dissolution of limited partnership granted where principal manager demonstrated unwillingness or inability to operate business based on repeated refusals to work with court-appointed receiver or comply with court orders.
Publication Date: 2019-08-07
Practice Area: Mergers and Acquisitions
Industry: Health Care | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: John L. Reed, Matthew Denn and Peter H. Kyle, DLA Piper LLP (US), Wilmington, DE for plaintiff.
for defendant: Carl D. Neff and Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Matthew C. Baltay, Foley Hoag LLP, Boston, MA for defendant.
Case Number: D68657
Defendant adequately stated a counterclaim for indemnification based on breaches of representations and warranties, but the court dismissed a counterclaim for indemnification based on losses which had not yet been incurred.
Publication Date: 2019-07-31
Practice Area: Administrative Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jennifer G. Brady, Potter Anderson & Corroon LLP, Wilmington, DE for claimant.
for defendant: Daniel C. Mulveny, Delaware Department of Justice, Wilmington, DE for the Unemployment Insurance. Appeal Bd.
Case Number: D68652
The court reversed a decision by the Unemployment Insurance Appeal Board, because the evidence indicated the employee did not leave her job for good cause.
Publication Date: 2019-07-17
Practice Area: Insurance Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY; Jennifer C. Wasson and Carla M. Jones, Potter, Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
for defendant: John L. Reed, Matthew Denn, and Harrison S. Carpenter, DLA Piper LLP, Wilmington, DE, Robert S. Harrell, Mayer Brown LLP, Houston, TX for defendants.
Case Number: D68631
Defendants obligated to provide defense costs following state attorney general's issuance of a civil investigative demand to defendants' insured because the demand involved an investigation into Medicaid fraud and constituted a "demand for non-monetary relief" under the terms of defendants' policies.
Publication Date: 2019-05-15
Practice Area: Corporate Entities | Trusts and Estates
Industry: Health Care | Insurance
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: D68558
Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2019-04-24
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Ben T. Castle and Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
for defendant: Gregory S. McKee and Lauren C. McConnell, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: D68541
The dismissal of negligence claims against two physicians on statute of limitations grounds did not bar a timely-filed claim against the physicians' employer under the doctrine of respondeat superior.
Publication Date: 2019-03-13
Practice Area: Corporate Governance | Real Estate
Industry: Health Care | Real Estate
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Blake Rohrbacher, Brian F. Morris and John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan C. Sulli-van and John A. DeMaro of Ruskin Moscou Faltischek, P.C., Uniondale, NY for plaintiff.
for defendant: Theodore A. Kittila and James G. McMillian, III, Halloran Farkas Kittila LLP, Wilmington, DE for defendant.
Case Number: D68490
A corporate officer breached his fiduciary duty by usurping a corporate opportunity to purchase property, so the court awarded damages to the company.
Publication Date: 2019-03-06
Practice Area: Business Torts | Employment Litigation
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Michele D. Allen and Catilyn E. Quinn, Allen and Assoc., Hockessin, DE for plaintiff.
for defendant: Joanna J. Cline, James H.S. Levine, Barbara T. Sicalides, Barak A. Bassman and Megan Morley of Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for defendants.
Case Number: D68453
Plaintiff 's tortious interference claims against two individual defendants were precluded by the bootstrapping doctrine.
Publication Date: 2019-02-27
Practice Area: Antitrust
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Richard H. Cross, Jr., Cross & Simon, LLC, Wilmington, DE; Daniel W. Tarpey and Matthew M. Showel, Tarpey Wix LLC, Chicago, IL for plaintiff. Raymond J. DiCamillo, Chad Shandler and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Steven F. Barley, Marc A. Marinaccio and J. Robert Robertson, Hogan Lovells US LLP, Washington, DC for Laboratory Corp. of America defend-ants.
for defendant: Jody C. Barillare, Eric Kraeutler, Steven A. Reed, R. Brendan Fee, Zachary M. Johns and Alexandra M. Lastowski, Morgan, Lewis & Bockius LLP, Wilmington, DE and Philadelphia, PA for AmeriHealth de-fendants.
Case Number: D68476
Plaintiff lacked standing to assert an antitrust claim and it failed to adequately allege a relevant market.
Publication Date: 2019-02-27
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Tammy Harvey, Felton, DE, pro se plaintiff. Eric P. Kressman, Regional Counsel, and Annie Kernicky, Assistant Deputy Regional Counsel, Office of the Regional Chief, Social Security Administration, Philadelphia, PA; David C. Weiss, U.S. Attorney for the District of Delaware, Wilmington, DE
for defendant: Heather Benderson, Special Assistant U.S. Attorney, Office of the General Counsel, Philadelphia, PA for defendant.
Case Number: D68472
Claimant not entitled to SSI benefits, where substantial evidence supported the conclusion that her disability was caused by her alcoholism, since the Social Security Act precluded benefits for claimants disabled by alcoholism or drug addiction.
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