• Hyde Park Venture Partners Fund III, L.P. v. Fairxchange, LLC

    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.

  • Medlink Health Solutions, LLC v. JL Kaya, Inc.

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Legal Services | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
    for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.

    Case Number: N22C-09-799 FJJ

    Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.

  • In the Matter of a Member of the Bar of the Supreme Court of Delaware

    Publication Date: 2023-02-07
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: David A. White, Chief Disciplinary Counsel, Kathleen V. Vavala, Assistant Disciplinary Counsel, Office of Disciplinary Counsel, Wilmington, DE for petitioner.
    for defendant: John S. Malik, Wilmington, DE for respondent.

    Case Number: 111, 2022

    Where there was sufficient evidence to conclude that an attorney knowingly made misrepresentations to the court, the court adopted the presumptive sanction of suspension.

  • 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.

  • Harris v. Harris

    Publication Date: 2023-01-24
    Practice Area: Corporate Governance
    Industry: Legal Services
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Joel Friedlander, Christopher M. Foulds, David Hahn, Friedlander & Gorris, P.A., Wilmington, DE; S. Michael Sirkin, R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington DE; Gregory Lomax, Lauletta Birnbaum, Sewell, NJ; Jill Guldin, Fisher Broyles, LLP, Princeton, NJ for plaintiffs.
    for defendant: David A. Jenkins, Julie M. O’Dell, Smith, Katzenstein & Jenkins LLP; Wilmington, DE; Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Kurt M. Heyman, Patricia L. Enerio, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; John L. Reed, Ronald N. Brown, III, Peter H. Kyle, Kelly L. Freund, DLA Piper LLP (US), Wilmington, DE; Neal J. Levitsky, E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Emily A. Kaller, Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, NJ; William M. Kelleher, Phillip A. Giordano, Madeline Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.

    Case Number: 2019-0736-JTL

    Although alleged tortious interference was not sufficiently factually related to fiduciary duty claims to support ancillary personal jurisdiction, the court could exercise personal jurisdiction under the long-arm statute where the alleged tortious interference with trust involved appointing a Delaware trustee and changing the situs of the trust to Delaware.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis

    Publication Date: 2023-01-24
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.

    Case Number: N22A-03-006 FWW

    Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.

  • State ex rel. Rogers v. The Bancorp Bank

    Publication Date: 2023-01-17
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
    for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.

    Case Number: N18C-29-240 PRW CCLD

    Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.

  • In re: NNN 400 Capitol Center 16 LLC

    Publication Date: 2023-01-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3013

    The court affirmed the District Court's ruling affirming the Bankruptcy Court's decision to disqualify counsel and order fees disgorged.

  • In re Cte d'Azur Estate Corp.

    Publication Date: 2022-12-27
    Practice Area: Discovery
    Industry: Legal Services | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Jeremy D. Anderson, Fish & Richardson P.C., Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi, K&L Gates, LLP, Wilmington, DE; Dieter Walter Neupert, pro se defendant for defendants.

    Case Number: 2017-0290-JTL

    The court granted letters of request to procure discovery from non-party individuals located in Israel.

  • Freeman v. Carter

    Publication Date: 2022-11-29
    Practice Area: Legal Malpractice
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
    for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.

    Case Number: N21C-09-081 EMD

    Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.