• In the Matter of a Member of the Bar of the Supreme Ct. of Delaware

    Publication Date: 2023-11-20
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: David A. White, Chief Disciplinary Counsel, Kathleen M. Vavala, Deputy Disciplinary Counsel, Office of Disciplinary Counsel, Wilmington, DE for petitioner.
    for defendant: Richard L. Abbott, Hockessin, DE, respondent pro se.

    Case Number: 112512-B

    Court ordered attorney's disbarment for intentionally advising client on strategy that abused the legal process so that the client could avoid compliance with his settlement obligations and the trial court's orders.

  • Thomson Reuters Enter. Centre GmbH v. Ross Intelligence Inc.

    Publication Date: 2023-10-09
    Practice Area: Intellectual Property
    Industry: E-Commerce | Legal Services | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY for plaintiffs.
    for defendant: David E. Moore, Bindu A. Palapura, Andrew L. Brown Potter Anderson & Corroon LLP, Wilmington, DE; Gabriel M. Ramsey, Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Shira Liu, Margaux Poueymirou, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Crowell & Moring LLP, Washington, D.C. for defendant.

    Case Number: 20-cv-613-SB

    Court excluded economic expert's testimony as unsupported by data and methodology where expert claimed there was little likelihood of a market for plaintiffs' product, since there were insufficient facts about the attributes of the product or whether there were current substitutes for the product already on market.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Legal Services
    Court: Delaware Superior Court
    Judge: District Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.

    Case Number: N20C-08-186 FWW

    Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.

    Case Number: N21C-12-039

    Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.

  • In re: Insys Therapeutics, Inc.

    Publication Date: 2023-08-28
    Practice Area: Bankruptcy
    Industry: Pharmaceuticals
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-11292 (JTD)

    Court granted bankruptcy trustee's motion for summary judgment to recover legal costs advanced to company CEO where the executive was convicted of racketeering conspiracy arising from the course of his duties, rendering him ineligible for indemnification under his agreement with the company.

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  • Anderson v. Magellan Health, Inc.

    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.

  • Lamplight Licensing LLC v. ABB Inc.

    Publication Date: 2023-06-06
    Practice Area: Patent Litigation
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE for plaintiff.
    for defendant: Benjamin J. Schladweiler, Greenberg Traurig, LLP, Wilmington, DE; Andrew R. Sommer, Greenberg Traurig, LLP, McLean, VA for defendant.

    Case Number: 22-418-CFC

    Court possessed inherent authority to investigate plaintiff's possible efforts to defraud the court even after plaintiff voluntarily moved to dismiss its lawsuit.

  • Kelly v. Swartz

    Publication Date: 2023-05-02
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3198

    Attorney being placed on disability inactive status mooted appeal of federal lawsuit to obtain injunctive relief, as attorney's proper course of relief would be to petition the state supreme court for reinstatement.

  • Wais v. Thompson

    Publication Date: 2023-04-11
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Chandra J. Williams, Rhodunda, Williams & Kondraschow, Wilmington, DE for appellants.
    for defendant: Steven D. Rosen, The Rosen Law Firm, LLC, Wilmington, DE for appellee.

    Case Number: N22A-08-003 CLS

    The court affirmed the trial court's order finding for a buyer in a real estate matter where the seller breached contractual obligations by failing to repair a defective roof.

  • SC SJ Holdings, LLC v. Pillsbury Winthrop Shaw Pittman LLP

    Publication Date: 2023-04-04
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Busenkell, Ronald S. Gellert, Bradley P. Lehman, Gellert Scali Buskenell & Brown, LLC; Michael T. Mihm, Jason B. Wesoky, James E. Fogg, Ogborn Mihm LLP for appellants.
    for defendant: John D. Demmy, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Brad D. Brian, Bethany W. Kristovich, Munger, Torres & Olson LLP, Los Angeles, CA for appellee.

    Case Number: 22-689 (MN)

    The court affirmed an order of the Bankruptcy Court which denied debtor's request to limit certain provisions of their Chapter 11 Plan.