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Publication Date: 2017-11-15
Practice Area: Bankruptcy | Business Torts
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff: N/A
for defendant: N/A
Case Number: D67939
Bankruptcy court determined that: 1) recovery for a fraudulent transfer is not capped by the amount of the creditor claims; 2) a result which allowed a defendant who engaged in a fraudulent transfer to keep most or all of the transferred money was inequitable; 3) a trustee may avoid a transfer beyond the extent necessary to satisfy a creditors claim; and 4) if the litigation trustee was successful, the court found no windfall to the creditors from recovery in the fraudulent transfer action.
Publication Date: 2017-11-15
Practice Area: Contractual Disputes
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jack B. Jacobs, Mark D. Hopson, Gordon D. Todd and Daniel J. Feith for plaintiff
for defendant: John A. Sensing, Matthew F. Davis, Jesse L. Noa, Gregory M. Williams, Richard W. Smith and Katherine C. Campbell for defendant.
Case Number: D67941
Plaintiffs breach of contract claim was dismissed because the contract specifically allowed defendant to ter-minate if doing so was in its best interest.
Publication Date: 2017-11-15
Practice Area: Civil Procedure
Industry: Biotechnology | Health Care
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Joel Friedlander and Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Nancy J. Sennett, James T. McKeown, and Eric L. Maassen, Foley & Larnder LLP, Milwaukee, WI, attorneys for plaintiff
for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Mark C. Hansen, Michael J. Guzman, Joshua Hafenbrack, and Hilary P. Gerzhoy, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC, attorneys for defendants.
Case Number: D67935
Plaintiffs claim for breach of settlement barred by laches where plaintiff failed to bring claim within analogous statute of limitations, and no extraordinary circumstances were present to excuse plaintiffs delay in bringing its action.
Publication Date: 2017-11-15
Practice Area: Business Torts | Contracts | Creditors' and Debtors' Rights
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE, attorneys for plaintiff
for defendant: Nancy S. Rappaport and Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Brooke Madonna, Spector Gadon & Rosen, Philadelphia, PA, attorneys for defendants.
Case Number: D67936
Plaintiff could pursue tortious interference claim against administrative services providers to healthcare facilities plaintiff contracted with, where plaintiff alleged that service providers failure to act consistently in their agreements with the facilities interference with the facilities performance under their contracts with plaintiff.
Publication Date: 2017-11-01
Practice Area: Class Actions | Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: John S. Spadaro and John Sheehan Spadaro for plaintiff
for defendant: Sidney S. Liebesman, Lisa Zwally Brown, Jay Williams and Paula M. Ketcham for defendant.
Case Number: D67925
A purported class did not meet the requirements for certification because the reasonableness and necessity of the medical expenses at issue required a particularized assessment of each patients injuries, treatment and ex-penses.
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Publication Date: 2017-11-01
Practice Area: Corporate Entities
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stuart Grant, Michael J. Barry, and Irene R. Lax, Grant & Eisenhofer P.A., Wilmington, DE; Mark Lebovitch, David Wales, and David MacIssac, Bernstein Litowitz Berger & Grossmann LLP, New York, NY, attorneys for plaintiff
for defendant: Joseph C. Schoell and Ryan T. Costa, Drinker Biddle & Reath LLP, Wilmington, DE; Gary A. Orseck, Matthew M. Madden, and Joshua S. Bolian, Robbins Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, attorneys for defendant.
Case Number: D67919
Incorporation-by-reference condition imposed upon grant of stockholders 220 demand where it would reasonably permit corporation to respond to future litigation by referring to documents in motion to dismiss.
Publication Date: 2017-09-06
Practice Area: Health Care Law
Industry: Health Care
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67860
A regulatory board violated due process when it found a doctor violated a regulation which was not mentioned in the charging notice and not argued at the hearing itself. Reversed and rem
Publication Date: 2017-08-09
Practice Area: Law Firm Client Relationships
Industry: Agriculture | Health Care
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67824
Counsel's fee lien for workers' compensation medical benefits recovery properly denied since compensation was properly paid directly to the medical providers, thus the injured employee received no f
Publication Date: 2017-08-02
Practice Area: Bankruptcy | Corporate Governance
Industry: Health Care
Court: U.S. Bankruptcy Court of Delaware
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67819
The trustee in bankruptcy was entitled to bring an adversary proceeding against defendants for fraudulent transfers and breaches of fiduciary duty relating to actions which caused the debtor entitie
Publication Date: 2017-07-19
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67805
Plaintiffs' claim in medical negligence case against the corporate entity which employed a nurse was barred because the statute of limitations had expired on a claim against the nurse. Plaintiffs' a
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