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Publication Date: 2024-10-01
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Jennifer August, Rehoboth Beach, DE, pro se plaintiff.
for defendant: Aaron E. Moore, Wilmington, DE for defendants.
Case Number: 2020-0834-BWD
Court denied homeowner's claims against homeowners' association where there were no conflicted fiduciaries that warranted applying the entire fairness standard to the claims.
Publication Date: 2024-09-17
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Ned Weinberger, Michael C. Wagner, Labaton Keller Sucharow LLP, Wilmington, DE; Thomas Curry, Saxena White P.A., Wilmington, DE; Joseph L. Christensen, Meghan D. Dougherty, Christensen & Dougherty LLP, Wilmington, DE; A. Thompson Bayliss, Christopher F. Cannataro, Florentina D. Field, Abrams & Bayliss LLP, Wilmington, DE for plaintiff.
for defendant: Edward B. Micheletti, Arthur R. Bookout, Matthew P. Majarian, Peyton V. Carper, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Brock E. Czeschin, Matthew D. Perri, Kevin M. Kidwell, Mari Boyle, Richards, Layton & Finger, P.A., Wilmington, DE; David E. Ross, Roger S. Stronach, Ross Aronstam & Moritz LLP, Wilmington, DE for defendants.
Case Number: 2023-0921-SG
Court calculated legal fee award based on the portion of the transaction price increase that was generated by plaintiff's litigation and the stage of the litigation when the increase was obtained.
Publication Date: 2024-09-10
Practice Area: Contracts
Industry: Transportation
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: John A. Sensing, Tyler E. Cragg, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
for defendant: Steven J. Fineman, Travis S. Hunter, Alexandra M. Ewing, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2024-0471-SG
Court declined to grant leave for an interlocutory appeal from the denial of a preliminary injunction where the court's order only resolved one outstanding issue in the case and thus an interlocutory appeal would not materially advance the litigation.
Publication Date: 2024-09-10
Practice Area: Corporate Governance
Industry: Chemicals and Materials | Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Thomas E. Hanson, Jr., William J. Burton, Barnes & Thornburg LLP, Wilmington, DE for plaintiff.
for defendant: Blake Rohrbacher, Matthew W. Murphy, Sandy Xu, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2018-0729-SG
Court declined summary judgment dismissal of fraud claims where allegations of withholding of material information could support equitable tolling and plaintiffs plausibly alleged defendants' motive to fraudulently induce plaintiffs' investment.
Publication Date: 2024-09-03
Practice Area: Employment Litigation
Industry: Health Care | Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Ethan H. Townsend, Aaron P. Sayers, McDermott Will & Emery LLP, Wilmington, DE; Rachel B. Cowen, McDermott Will & Emery LLP, Chicago, IL; Morris J. Fodeman, Wilson Sonsini Goodrich & Rosati, New York, NY; Jeffery S. Hood, Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA for plaintiff.
for defendant: Philip A. Rovner, Potter Anderson & Corroon LLP, Wilmington, DE; Nimalka Wickramasekera, Winston & Strawn LLP, Los Angeles, CA, Brian J. Nisbet, Elizabeth S. Deshaies, Winston & Strawn LLP, Chicago, IL, John C. Sanders, Jr., Winston & Strawn LLP, Dallas, TX for defendants.
Case Number: 2017-0720-SG
Failure to disclose passive investment in competitor did not by itself constitute a breach of loyalty where there was no evidence executive acted against his employer's interests, used the investment to obtain an advantage, or had a conflict of interest.
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Publication Date: 2024-08-13
Practice Area: Mergers and Acquisitions
Industry: Defense | Software | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Alan D. Albert, Stephen D. Dargitz, O’Hagan Meyer PLLC, Wilmington, DE; Charles M. Sims, C. Quinn Adams, O’Hagan Meyer, PLLC, Richmond, VA for plaintiff.
for defendant: John G. Harris, Berger Harris LLP, Wilmington, DE for defendant.
Case Number: 2022-0959-SG
Court dismissed third-party claims as unable to provide relief if defendants were found liable to plaintiffs, and defendants' counterclaims for their failure to provide the contractually required pre-suit notice.
Publication Date: 2024-08-06
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-0302-SG
Successor beneficiary of trust successfully challenged purported decanting of trust corpus into a new trust where the trust did not give trustees the authority to invade trust corpus, a necessary power to decant trust assets under Delaware law.
Publication Date: 2024-08-06
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiffs.
for defendant: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for defendants.
Case Number: 2021-0522-SG
Where the deed and survey record supported finding that the original property owners intended for a subdivided lot to extend to the centerline of the adjacent waterway to ensure the lot had sufficient acreage to become buildable, the court quieted title in favor of the lot's current owners' right to wharf out from their property.
Publication Date: 2024-07-30
Practice Area: Contracts
Industry: Transportation
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: John A. Sensing, Tyler E. Cragg, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
for defendant: Steven J. Fineman, Travis S. Hunter, Alexandra M. Ewing, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2024-0471-SG
Court denied temporary restraining order to enforce non-compete after it found the agreement's scope overly-broad by territory and competition such that it was not essential to protect employer's legitimate business interests.
Publication Date: 2024-07-16
Practice Area: Mergers and Acquisitions
Industry: Construction | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Martin S. Lessner, Tammy L. Mercer, Lauren Dunkle Fortunato, Andrew J. Cazerkawski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Johnathan D. Schiller, Thomas H. Sosnowski, Boies Schiller Flexner LLP, New York, NY for plaintiffs.
for defendant: Michael A. Barlow, Hayden J. Driscoll, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE; Michael B. Carlinsky, Charles H. Sangree, Caitlin E. Jokubaitis, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Christopher D. Porter, Quinn Emanuel Urquhart & Sullivan, LLP, Houston, TX for defendants.
Case Number: 2024-0274-SG
Court declined to enjoin contractual alternative dispute resolution process where parties agreed to submit validity of post-closing cap-ex budget to independent consultant for expert review, where consultant was empowered to conduct independent analysis of company's financial records.
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