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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.
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.
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.
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.
Publication Date: 2023-01-24
Practice Area: Insurance Law
Industry: Consulting | Insurance | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Brett D. Fallon, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Warren E. Gluck, Richard A. Bixter, Jr., Holland & Knight LLP, New York, NY for plaintiffs.
for defendant: R. Craig Martin, Amy Evans, DLA Piper LLP (US), Wilmington, DE; Ellen E. Dew, DLA Piper LLP (US), Baltimore, MD; Aidan M. McCormack, R. Brian Seibert, Steven M. Rosato, DLA Piper LLP (US), New York, NY for defendants.
Case Number: 2019-0431-JTL
Litigation against distressed insurer stayed in favor of ongoing rehabilitation proceedings in another state, but basis for stay did not apply to insurer's separate, wholly-owned management consultant company.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2023-01-24
Practice Area: Bankruptcy
Industry: Health Care | Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-10766 (BLS)
Court dismissed adversary complaint seeking to revoke plan of reorganization where plaintiff was an unimpaired general unsecured creditor who was not entitled to vote on the plan.
Publication Date: 2023-01-10
Practice Area: Wrongful Death
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Patrick Christopher Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: Geoffrey Graham Grivner, Kody Macgyver Sparks, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Joshua T. Calo, David L. Gordon, Buchanan Ingersoll & Rooney PC, Princeton, NJ for defendants.
Case Number: 22-692-CFC
Execution of agreement upon subsequent admission to nursing home facility superseded arbitration agreements signed on a prior admission where the second agreement conflicted with the terms of the prior arbitration agreement.
Publication Date: 2022-12-20
Practice Area: Business Torts
Industry: E-Commerce | Health Care | Software
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen C. Norman, Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
for defendant: Gary W. Lipkin, Saul Ewing Arnstein & Lehr, LLP, Wilmington, DE for defendants.
Case Number: 2021-0806-SG
Fraud claims were not barred by economic loss doctrine where plaintiff had alleged fraudulent representations and concealment committed by defendants outside the scope of the parties' contractual obligations, such that the fraud allegations were distinct from allegations of non-performance.
Publication Date: 2022-12-13
Practice Area: Employment Litigation
Industry: Biotechnology | Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.
Case Number: N21C-12-131 CEB
Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.
Publication Date: 2022-12-06
Practice Area: Mergers and Acquisitions
Industry: Health Care | Insurance | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Thomas W. Briggs, Jr., Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Christopher R. Rodriguez, Andrew D. Bluth, Singleton Schreiber LLP, Sacramento, CA for plaintiffs/counter-claim defendants.
for defendant: Paul D. Brown, Joseph B. Cicero, Gregory E. Stuhlman, Aidan T. Hamilton, Chipman Brown Cicero & Cole, LLP, Wilmington, DE for defendant/counterclaim-plaintiff.
Case Number: 2019-0793-JTL
The court found for plaintiff stockholders who sought a specific performance order compelling a corporation's former CEO to release funds which were held in an escrow account.
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