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Publication Date: 2023-08-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Raj Srivatsan, McGivney, Kluger, & Cook, P.C., Wilmington, DE for plaintiff.
for defendant: Dawn C. Doherty, Brett Thomas Norton, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendants.
Case Number: 22-1370-RGA
Court dismissed survival and wrongful death action filed in federal court for lack of subject matter jurisdiction where decedent had same citizenship as defendants, destroying complete diversity.
Publication Date: 2023-07-31
Practice Area: Corporate Governance
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Ethan H. Townsend, Kevin M. Regan, McDermott Will & Emory LLP, Wilmington, DE; Jennifer Aronoff, McDermott Will & Emory LLP, Chicago, IL; Megan E. Thibert-Ind, Manatt, Phelps & Phillips, LLP, Chicago, IL for plaintiff.
for defendant: Ronald N. Brown, III, Kelly L. Freund, DLA Piper LLP (US), Wilmington, DE; James C. Bookhout, Mallory Biblo, DLA Piper LLP (US), Dallas, TX for defendant.
Case Number: 2021-0579-MTZ
The court granted plaintiff's motion for civil contempt and sanctions and shifted plaintiff's fees to defendant upon finding that defendant had "contemptuously" failed to fully and timely produce ordered documents.
Publication Date: 2023-07-17
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Legal Services
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Michael A. Rogovin, Weiss Law, Atlanta, GA for plaintiff
for defendant: Paul J. Lockwood, Arthur R. Bookout, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendant.
Case Number: 2021-0202-KSJM
Supplemental proxy disclosures that were only marginally helpful to shareholders and were not clearly material to their analysis only supported a minimal award of legal fees and costs to plaintiff stockholder.
Publication Date: 2023-07-03
Practice Area: Consumer Protection
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Peter Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Nicholas A. Migliaccio, Jason Rathod, Tyler J. Bean, Migliaccio & Rathod, LLP, Washington, DC for plaintiff.
for defendant: Aimee M. Czachorowski, Cheneise Wright, Francis G.X. Pileggi, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Danielle E. Stierna, Jon P. Kardassakis, Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA for defendant.
Case Number: 22-317-RGA
Data breach victim had Article III standing by alleging incidents of misuse of her personal identifiable information and alleging that her PII accessed in the data breach was available to cybercriminals.
Publication Date: 2023-06-27
Practice Area: Corporate Governance
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: John M. Seaman, April M. Ferraro, Abrams & Bayliss LLP, Wilmington, DE; Adrienne Ward, Lori Marks-Esterman, Olshan Frome Wolosky LLP, New York, NY; John M. Seaman, April M. Ferraro, Abrams & Bayliss LLP, Wilmington, DE; Tariq Mundiya, Richard Li, Willkie Farr & Gallagher LLP, New York, NY for plaintiffs.
for defendant: Blake Rohrbacher, Kevin M. Gallagher, Matthew W. Murphy, Nicole M. Henry, Jordan L. Cramer, Sandy Xu, Mari Boyle, Edmond S. Kim, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
Case Number: 2023-0477-PAF
Court declined to enjoin advance notice bylaw where company did not have radical change in operations and plaintiff stockholders' delay contributed to their inability to timely present a slate of directors for the annual meeting.
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Publication Date: 2023-06-13
Practice Area: Corporate Governance
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
for defendant: Stephen B. Brauerman, Sarah T. Andrade, Megan A. McGovern, Bayard, PA, Wilmington, DE for defendant.
Case Number: 2020-0183-MTZ
Stockholders who pursued a derivative claim breached fiduciary duties to company by withholding the award in that claim, since derivative plaintiffs served as company agents rather than directors entitled to have their conduct reviewed under gross negligence or business judgment rule standards.
Publication Date: 2023-06-13
Practice Area: Patent Litigation
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE; Thomas Gemmell, Polsinelli PC, Chicago, IL; Darren E. Donnelly, Polsinelli LLP, San Francisco, CA; Aaron M. Levine, Polsinelli PC, Houston, TX for plaintiff.
for defendant: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Colin G. Cabral, James R. Anderson, Proskauer Rose LLP, Boston, MA; Jessica M. Griffith, Proskauer Rose LLP, Los Angeles, CA for defendant.
Case Number: 21-53-RGA
Court declined to adopt plaintiff's proposal to construe disputed patent term by its plain and ordinary meaning, where the definition advanced by plaintiff was merely functional in nature and there was no evidence that a person of ordinary skill in the art would understand the meaning of the disputed term.
Publication Date: 2023-05-30
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Marisa B. Miller, Kevin K. Chang, Sheppard, Mullin, Richter & Hampton LLP, San Diego, CA for plaintiff.
for defendant: Sidney S. Liebesman, E. Chaney Hall, Nathaniel J. Klepser, Fox Rothschild LLP, Wilmington, DE; Erik J. Clark, Organ Law LLP, Columbus, OH for defendants.
Case Number: 2022-0979-MTZ
Although federal law obligated acquired healthcare provider to obtain patient consent before turning over records to acquirer, the provider nonetheless breached its contractual obligations to transfer the records and its representations and warranties that it had taken all action necessary to perform and that the transaction complied with applicable law.
Publication Date: 2023-05-30
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
Case Number: K22C-07-014 NEP
Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.
Publication Date: 2023-05-16
Practice Area: Mergers and Acquisitions
Industry: Federal Government | Health Care | Insurance
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Kelly L. Freund, Michelle Morgan, DLA Piper LLP, Wilmington, DE; A. Thompson Bayliss, E. Wade Houston, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
for defendant: Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Thomas Uebler, McCollum D’Emilio Smith Uebler LLC, Wilmington, DE; Glenn M. Kurtz, Elizabeth Stainton, White & Case LLP, New York, NY for defendants.
Case Number: 2020-0241-KSJM
Where indemnification provision in company purchase agreement gave sellers the right to participate in the defense of third-party claims brought by government regulators, purchasers breached those rights by unilaterally negotiating a tolling agreement with regulators.
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