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  • LPPAS Representative, LLC v. ATH Holding Co., LLC

    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.

  • In re: Promise Healthcare Group, LLC

    Publication Date: 2023-05-02
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-12491 (CTG)

    Creditors holding legal claims against a debtor were not required to file a lawsuit outside of the bankruptcy process in addition to filing a proof of claim to preserve their claims from the expiration of the statute of limitations, as the bankruptcy code required evaluating proof of claims as of the date of the bankruptcy filing, and requiring the filing of separate lawsuits ran contrary to the purpose of bankruptcy to provide a single forum to resolve claims against a debtor.

  • Corso v. Concordia Healthcare USA, Inc.

    Publication Date: 2023-04-25
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Kevin Scott Mann, Cross & Simon, LLC, Wilmington, DE; David B. Gordon, Tiana A. Bey, Mitchell Silberberg & Knupp LLP, New York, NY for plaintiff.
    for defendant: Alessandra Glorioso, Angela E. Dralle, William J. Miller, Dorsey & Whitney LLP, Wilmington, DE for defendant.
    Case Number: 21-cv-353-SB

    Parties' "promissory note" functioned like an earnout contract, subjecting plaintiff's claims to the three-year statute of limitations for contract claims rather than the six-year limitations period.

  • Acree v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-04-25
    Practice Area: Medical Malpractice
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.
    Case Number: K21C-02-029-JJC

    Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.

  • Barry v. Stryker Corp.

    Publication Date: 2023-03-28
    Practice Area: Patent Litigation
    Industry: Biotechnology | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Regina S.E. Murphy, Barnes & Thornburg, LLP, Wilmington, DE; D . Clay Holloway, Mitchell Stockwell, Courtney S. Dabbiere, Kilpatrick Townsend & Stockton, LLP, Atlanta, GA; Dario A. Machleidt, Christopher P. Damitio, Kathleen R.Geyer, Kilpatrick Townsend & Stockton, LLP, Seattle, WA; Taylor J. Pfingst, Kilpatrick Townsend & Stockton, LLP, Los Angeles, CA; Andrew W. Rinehart, Kilpatrick Townsend & Stockton, LLP, Winston-Salem, NC for plaintiff.
    for defendant: Jeremy Tigan, Brian P. Egan, Cameron P. Clark, Morris Nichols Arsht & Tunnell, LLP, Wilmington, DE; Jonathan G. Graves, Joseph E. Van Tassel, Cooley LLP, Reston, VA; Adam M. Pivovar, Cooley, LLP, Washington, DC; Alissa M. Wood, Cooley LLP, Palo Alto, CA; Chad T. Nitta, Jason S. Jackson, Heather N Tilley, Kutak Rock, LLP, Denver, CO for defendants.
    Case Number: D70177

    The court conducted a detailed analysis of claim construction terms in a patent litigation matter concerning spinal surgeries and deformities.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

    View this Book

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  • Scottoline v. Women First, LLC

    Publication Date: 2023-03-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Bruce L. Hudson, Joshua J. Inkell, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
    for defendant: Bradley J. Gowert, Thomas J. Marcoz, Jr., Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; David Batten, Batten Lee, Raleigh, NC; John D. Balaguer, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: N19C-08-135 AML

    Court excluded medical expert's causation opinion for lack of supporting scientific authority and due to the expert's failure to rule out other common causes of plaintiff's injury.

  • Rodriguez v. Capital Vision Serv., LLC

    Publication Date: 2023-02-28
    Practice Area: Labor Law
    Industry: Health Care | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1222-RGA

    Discrimination claims failed due to lack of evidence that discriminatory animus motivated adverse employment decisions or lack of adequate comparators, where employer had performance-related reasons for its decision.

  • Malkani v. Cunningham

    Publication Date: 2023-02-21
    Practice Area: Corporate Entities
    Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
    for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
    Case Number: 2020-1004-SG

    Parties had reached valid and enforceable contract where plaintiff met his performance obligation under the contract and his request for ancillary documents was not material to the parties' agreement as plaintiff continued to perform.

  • Hansen v. Brandywine Nursing & Rehab. Ctr., Inc.

    Publication Date: 2023-02-07
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Michael P. Minuti, McCan Dillon Jaffe & Lamb, LLC, Wilmington, DE for plaintiffs.
    for defendant: Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendant.
    Case Number: N21C-03-233 CEB

    Public Readiness and Emergency Preparedness Act of 2005 did not afford immunity to nursing homes for residents' COVID-19 deaths allegedly caused by negligent infection control procedures.

  • Payne v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Health Care | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Richard T. Wilson, Joe Klusman, Legal Services Corporation of Delaware, Inc., Wilmington, DE for appellant.
    for defendant: Victoria Counihan, Deputy Attorney General, Victoria Goff, Assistant Attorney General, Department of Justice, Wilmington, DE; Ingleside Homes, Inc. Wilmington, DE for appellees.
    Case Number: N22A-09-002 FWW

    Employer's failure to appear before the Unemployment Insurance Appeal Board or to obtain legal counsel required reversal of decision affirming appeal referee's determination that employee was discharged for good cause and thereby disqualified from unemployment compensation benefits.