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Publication Date: 2024-10-29
Practice Area: Labor Law
Industry: Accounting | Advertising
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE for plaintiff.
for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper US LLP, Wilmington, DE for defendant.
Case Number: N20C-08-249 MAA CCLD
Court rejected defendant's challenges to the court's factual findings where there was sufficient evidence to support plaintiff's allegations that a report justifying his termination was "manufactured."
Publication Date: 2024-10-15
Practice Area: Contractual Disputes
Industry: Accounting | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE; Lawrence P. Schaefer, Bert Black, Mack H. Reed, Timothy S. Christensen, Anne C. Bolgert, Schaefer Halleen, LLC, Minneapolis, MN for plaintiff.
for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper, LLP, Wilmington, DE for defendant.
Case Number: N20C-08-249 MAA CCLD
Employer's reasons for terminating employee with cause were manufactured as employee's actions did not rise to the level of gross negligence or a breach of misconduct as the actions ultimately resolved the company's accounting issues, and thus employer did not have right to reclaim employee's equity interest for $0.
Publication Date: 2024-08-27
Practice Area: Contracts
Industry: Chemicals and Materials | Manufacturing
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Lisa C. McLaughlin, Phillips, McLaughlin & Hall, P.A., Wilmington, DE; John N. Scholnick, Ross, LLP, Los Angeles, CA; Lori Sambol Brody, Ellis George LLP, Los Angeles, CA for plaintiff.
for defendant: Chad S. C. Stover, Barnes & Thornburg LLP, Wilmington, DE; Matthew B. Barr, Zachary Miller, Barnes & Thornburg LLP, Indianapolis, IN for defendants.
Case Number: N17C-11-242 MAA CCLD
Failure to issue litigation hold following filing of counterclaim constituted reckless behavior warranting adverse inference after material, relevant information was deleted per automatic deletion protocols.
Publication Date: 2024-07-16
Practice Area: Mergers and Acquisitions
Industry: Chemicals and Materials | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Stamatios Stamoulis, Richard C. Weinblatt, Stamoulis & Weinblatt LLC, Wilmington, DE; Richard A. Schwartz, Ross LLP, Los Angeles, CA for plaintiff.
for defendant: John P. DiTomo, Alec F. Hoeschel, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brian J. Massengill, Matthew E. Fenn, Mayer Brown LLP, Chicago, IL for defendant.
Case Number: N23C-08-206 MAA CCLD
Claims connected to the process of calculation and payment fell within scope of parties' limited arbitration clause covering the calculation of payment for acquired company following post-closing true-up.
Publication Date: 2024-07-16
Practice Area: Mergers and Acquisitions
Industry: Advertising | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Andrew D. Cordo, Andrew D. Berni, Joshua A. Manning, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for plaintiff.
for defendant: Berton W. Ashman, Jr., Jesse L. Noa, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE; Michael J. Baratz, Patrick F. Linehan, Steptoe LLP, Washington, DC for defendants.
Case Number: N23C-04-021 MAA CCLD
Court granted judgment to enforce promissory note where affirmative defenses/counterclaims of fraud failed as plaintiff was not the principal of company officers who allegedly misrepresented company sales numbers.
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Publication Date: 2024-07-09
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Elena C. Norman, Daniel M. Kirshenbaum, Michael A. Laukaitis, II, Young, Conaway, Stargatt, and Taylor LLP, Wilmington, DE; Michael S. Shuster, Vincent Levy, Holwell Shuster & Goldberg LLP, New York, NY for plaintiffs.
for defendant: Kevin R. Shannon, Potter Anderson & Corroon LLP, Wilmington, DE; Kevin B. Huff, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC; Michael Kendall, White & Case LLP, Boston, MA for defendants.
Case Number: N23C-10-212 MAA CCLD
Court declined to dismiss fraud claims in connection with stock purchase agreement where buyer adequately pled that defendant controllers were in a position to know of the fraudulent nature of seller's financials and where the company's alleged unlawful bookkeeping practices violated representations and warranties in the SPA.
Publication Date: 2024-07-02
Practice Area: Contracts
Industry: Call Centers | Cargo and Shipping | E-Commerce | Software
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Matthew J. Jacobs, Jessica S. Heim, Emily Margolis, DLA Piper LLP, San Francisco, CA for plaintiff.
for defendant: Rudolf Koch, Elizabeth J. Freud, Nicholas F. Mastria, Richards, Layton & Finger P.A., Wilmington, DE; Michael T. Jones, Ashley V. Hart, Holland & Knight LLP, Boston, MA for defendant.
Case Number: N23C-08-005 MAA CCLD
Court declined to dismiss breach of contract claims where defendant adequately alleged that plaintiff's services failed to achieve the bargained-for availability, with disputes over the calculation of availability requiring further discovery.
Publication Date: 2024-06-03
Practice Area: Labor Law
Industry: Non-Profit
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: “J” Jackson Shrum, Jack Shrum, P.A., Wilmington, DE; Dayna C. Cooper, Cooper Legal Solutions, Towson, MD for plaintiff.
for defendant: Tracey E. Timlin, Charles W. Fournier, Duane Morris LLP, Wilmington, DE for defendants.
Case Number: N23C-04-192 MAA
Court dismissed case due to failure to perfect timely service, lack of personal jurisdiction over one of the defendants, and venue being more proper in another jurisdiction.
Publication Date: 2024-05-27
Practice Area: Personal Injury
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: David Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendants.
Case Number: N21C-08-265 MAA
Plaintiff's personal injury claims arising from mold exposure were untimely where plaintiff filed suit more than two years after receiving a definitive diagnosis of mold allergies.
Publication Date: 2024-05-13
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Consumer Products | Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Christopher P. Simon, Kevin S. Mann, Cross & Simon, LLC, Wilmington, DE for petitioner.
for defendant: Ronald N. Brown, III, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Thomas R. DeCesar, K&L Gates LLP, Harrisburg, PA for respondents.
Case Number: N23C-09-178 MAA CCLD
Plaintiff became solely responsible for escrow agent's legal fees and costs when she refused agent's request to interplead escrow funds and terminate its involvement in the dispute, where the parties' escrow agreement expressly contemplated the agent's non-involvement in disputes over escrow funds.
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