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Publication Date: 2024-07-02
Practice Area: Business Torts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Michael T. Manuel, John M. Seaman, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
for defendant: Margaret F. England, Michael Van Gorder, Gellert Seitz Busenkell & Brown LLC, Wilmington, DE for defendant.
Case Number: 2023-1062-NAC
Court declined to dismiss fiduciary claims where defendant availed himself of Delaware law by becoming a manager of a Delaware LLC pursuant to an LLC agreement that expressly imposed fiduciary duties on defendant.
Publication Date: 2024-06-25
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Bradley R. Aronstam, Roger S. Stronach, Holley E. Newell, Ross Aronstam & Moritz LLP, Wilmington, DE; David S. Flugman, Lauren J. Zimmerman, Korey Boehm, Selendy Gay PLLC, New York, NY for plaintiffs.
for defendant: Susan W. Waesco, Emily C. Friedman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; William C. Jackson, Ashley Moore Drake, Goodwin Procter LLP, Washington, D.C.; Ariel E. Rogers, Goodwin Procter LLP, Redwood City, CA; Lauren E. Jackson, Goodwin Procter LLP, Boston, MA for defendant.
Case Number: 2023-0699-JTL
Statements that did not constitute mere puffery were sufficient to state a fraud claim where plaintiff adequately alleged defendant's scienter and where the parties' contract lacked an anti-reliance clause.
Publication Date: 2024-06-03
Practice Area: Securities Litigation
Industry: Health Care | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Judge Wallace
Attorneys: For plaintiff: Kevin M. Coen, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Joseph P. Rockers, Justin D. Ward, Goodwin Procter, Boston, MA for plaintiffs.
for defendant: Shannon E. German, Jeremy W. Gagas, Emmanuel J. Burrell, Wilson Sonsini Goodrich & Rosati, Wilmington, DE for defendant.
Case Number: 2023-1253-PRW
Investor adequately pled fraud claim by alleging that entrepreneur intentionally misappropriated a third party's intellectual property despite making contractual representations as to the validity of their ownership of their IP.
Publication Date: 2024-05-13
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Consumer Products | Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Christopher P. Simon, Kevin S. Mann, Cross & Simon, LLC, Wilmington, DE for petitioner.
for defendant: Ronald N. Brown, III, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Thomas R. DeCesar, K&L Gates LLP, Harrisburg, PA for respondents.
Case Number: N23C-09-178 MAA CCLD
Plaintiff became solely responsible for escrow agent's legal fees and costs when she refused agent's request to interplead escrow funds and terminate its involvement in the dispute, where the parties' escrow agreement expressly contemplated the agent's non-involvement in disputes over escrow funds.
Publication Date: 2024-05-13
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Health Care | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Ned Weinberger, Brendan W. Sullivan, Labaton Sucharow LLP, Wilmington, DE; John Vielandi, Labaton Sucharow LLP, New York, NY; Jeremy Friedman, David Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; Lee D. Rudy, Eric L. Zagar, J. Daniel Albert, Geoffrey C. Jarvis, Grant D. Goodhart, III, Kessler Topaz Meltzer & Check, LLP, Radnor, PA for appellants.
for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Craig K. Ferrere, Richards, Layton & Finger, P.A., Wilmington, DE; William M. Lafferty, Ryan D. Stottmann, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Blair Connelly, Latham & Watkins LLP, New York, NY; Kristin N. Murphy, Ryan A. Walsh, Latham & Watkins LLP, Costa Mesa, CA for appellees.
Case Number: 2022-0698
Court reversed dismissal of action challenging corporate acquisition where proxy statement failed to disclose advisors' conflicts of interest and erroneously described the advisors' roles in the transaction.
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Publication Date: 2024-05-13
Practice Area: Labor Law
Industry: Health Care | Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-625-WCB
Court imposed financial sanctions on plaintiff's former counsel due to counsel's failure to provide discovery despite repeated assurances of production.
Publication Date: 2024-05-06
Practice Area: Labor Law
Industry: E-Commerce
Court: Delaware Superior Court
Judge: Judge Miller
Attorneys: For plaintiff: Kristopher T. Starr, Marshall Dennehy, P.C., Wilmington, DE for appellant.
for defendant: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for appellee.
Case Number: N23A-04-003 KMM
Treatment falling outside Health Care Practice Guidelines could still be reasonable and necessary and thus compensable under workers' compensation, such that the Industrial Accident Board was not obligated to take judicial notice of the Guidelines where some of a claimant's treatment fell outside them.
Publication Date: 2024-04-15
Practice Area: Contractual Disputes
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.
Case Number: 22-319 (MN)
Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.
Publication Date: 2024-03-26
Practice Area: Health Care Law
Industry: Distribution and Wholesale | Federal Government | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Slights
Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.
Case Number: 20-1744-CFC
Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.
Publication Date: 2024-03-26
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Placide Umuhoza, Smyrna, DE, pro se plaintiff.
for defendant: Jennifer C. Bebko Jauffert, Puja Upadhyay, Richards, Layton & Finger, P.A. for defendants.
Case Number: 23-552 (MN)
Court dismissed employment discrimination action for lack of sufficient allegations supporting an inference of national origin discrimination.
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