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Publication Date: 2024-11-05
Practice Area: Intellectual Property
Industry: Biotechnology | Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Brian A. Biggs, Stephanie O’Byrne, DLA Piper LLP (US), Wilmington, DE; Michael Sitzman, DLA Piper LLP (US), San Francisco, CA; Susan Krumplitsch, DLA Piper LLP (US), East Palo Alto, CA for plaintiffs.
for defendant: Jack B. Blumenfeld, Jeremy A. Tigan, Megan E. Dellinger, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Nicholas Groombridge, Eric Alan Stone, Groombridge, Wu, Baughman & Stone LLP, Cold Springs, NY; Jennifer Gordon, Peter Sandel, Tanya S. Manno, Chih-wei Wu, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Wendy A. Whiteford, J. Drew Diamond, Amgen Inc., Thousand Oaks, CA for defendant.
Case Number: 21-1807 (MN)
Court denied motion to disqualify plaintiffs' counsel due to its prior representation of defendant's parent company finding a lack of overlap between the present case and counsel's prior representation of the parent company.
Publication Date: 2024-10-22
Practice Area: Legal Malpractice
Industry: Entertainment and Leisure | Insurance | Legal Services | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Patrick C. Gallagher, Courtney R. Prinski, Jacobs & Crumplar, P.A., New Castle, DE for plaintiff.
for defendant: David E. Ross, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE for defendant.
Case Number: N24C-01-095 EMD CCLD
Former law firm client failed to establish causal connection to damages where insurance policy secured by counsel expired due to client's failure to pay premiums before a "claim" under the policy arose.
Publication Date: 2024-10-22
Practice Area: Legal Malpractice
Industry: Insurance | Legal Services
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Michael R. Ippoliti, Christopher Isaac, Ippoliti Law Group, Wilmington, DE for appellant.
for defendant: Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE; George M. Vinci, Jr., David B. Picker, Spector Gadon Rosen Vinci P.C., Philadelphia, PA for appellee.
Case Number: 213, 2023
Trial court erred in granting summary judgment to defendant in legal malpractice action where there was a genuine issue of material fact as to whether counsel negligently handled discovery and failed to pursue a summary judgment motion to end the litigation against plaintiff.
Publication Date: 2024-09-10
Practice Area: Creditors' and Debtors' Rights
Industry: Legal Services | Retail
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Adam Hiller, Hiller Law, LLC, Wilmington, DE for assignee.
for defendant: Daniel K. Astin, Ryan M. Ernst, Ciardi Ciardi & Astin, Wilmington, DE; Albert A. Ciardi III, Walter W. Gouldsbury III, Ciardi Ciardi & Astin, Philadelphia, PA; Frederick B. Rosner, The Rosner Law Group LLC, Wilmington, DE; Marc J. Kurzman, Carmody Torrance Sandak & Hennessey LLP, Stamford, CT for creditors.
Case Number: 2019-0650-PAF
Court denied assignee's motion for final distribution and removed assignee upon finding that it had failed to comply with the requirements of the ABC statute and had engaged in apparent self-dealing, including structuring compensation from expenses and then hiring its affiliates to provide seemingly unnecessary services to the trust, such that the assignee failed to act in creditors' best interests.
Publication Date: 2024-08-13
Practice Area: Bankruptcy
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
for defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.
Case Number: 19-11292 (JTD)
Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.
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Publication Date: 2024-07-23
Practice Area: Corporate Entities
Industry: Legal Services | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Frank E. Noyes, Offit Kurman, P.A., Wilmington, Delaware for plaintiff;
for defendant: David Konick, pro se defendant.
Case Number: 2022-1036-LWW
Court ordered judicial dissolution of LLC formed to hold vacation property after the end of the parties' romantic relationship rendered carrying on the LLC's "business" impractical.
Publication Date: 2024-07-09
Practice Area: Civil Procedure
Industry: Food and Beverage | Legal Services | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
for defendant: David W. Martson Jr., Jody C. Bariilare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Abelson, Morgan, Lewis & Bockius LLP, New York, NY for defendants.
Case Number: 19-cv-731-GBW-CJB
Court was not obligated to consider evidence of party asserting attorney-client privilege when ordering an evidentiary hearing where opposing party made a prima facie case for application of the crime-fraud exception.
Publication Date: 2024-07-02
Practice Area: Corporate Governance
Industry: Legal Services | Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Jeremy D. Eicher, Eicher Law LLC, Wilmington, DE; Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE for petitioner.
for defendant: Douglas D. Herrmann, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Jennifer C. Voss, Skadden, Arps, Slate, Meagher & Flom LLP Wilmington, DE for respondent.
Case Number: 9700-CM, 10449-CM
Court overruled corporation's objections to custodian's legal fee petitions where court had already ruled on custodian's entitlement to fees and found no basis to support corporations' challenges to the reasonableness of the fees.
Publication Date: 2024-07-02
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Joseph B. Elad, Claymont, DE, pro se plaintiff.
for defendant: Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Lorin Huerta, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Helene Elizabeth Episcopo, New Castle County Office of Law, New Castle, DE; Chase N. Miller, McCabe Weisberg & Conway P.C., Wilmington, DE for defendants.
Case Number: 23-1360-GBW
Court dismissed complaint challenging state court foreclosure proceedings where defendants were entitled to absolute judicial or quasi-judicial immunity or were not acting under color of state law for purposes of a §1983 claim.
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.
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