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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.
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.
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.
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.
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.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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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.
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.
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.
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.
Publication Date: 2023-03-21
Practice Area: Discovery
Industry: E-Commerce | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: A. Thompson Bayliss, Daniel J. McBride, Anthony R. Sarna, Abrams & Bayliss LLP, Wilmington, DE for petitioners.
for defendant: Paul J. Lockwood, Jenness E. Parker, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Patricia L. Enerio, Jamie L. Brown, Aaron M. Nelson, Elizabeth A. DeFelice, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Stephen J. Senderowitz, Dentons, Chicago, IL; Douglas W. Henkin, Dentons, New York, NY for respondents.
Case Number: 2022-0344-JTL
Court granted motion to compel on the grounds that defendant corporation could not invoke the attorney-client privilege as a means to withhold materials within a certain time frame spanning over two years. The court did however hold that the corporation could assert the privilege regarding communications that were related to books and records that the director had intentionally released, thus removing it from the circle of confidentiality.
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