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Publication Date: 2019-05-29
Practice Area: Landlord Tenant Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Nicole M. Faries, Baird Mandalas & Brockstedt, LLC, Wilmington, DE for plaintiff.
for defendant: Daniel S. Atlas, Steven D. Adler and Brian S. Eng, Community Legal Aid Society, Inc., Wilmington and Dover, DE for defendant. Michael P. Morton and Robert J. Valihura, Jr., Morton, Valihura & Zerbato, LLC, Greenville, DE for Amicus Curiae First State Manufactured Housing Ass'n.
Case Number: D68577
The owner of a manufactured housing community could raise rent under the Rent Justification Act based on evidence of a capital expenditure or increase in operational or maintenance expenses that had a direct and sub-stantial relationship to the proposed rent increase.
Publication Date: 2019-03-27
Practice Area: Contractual Disputes
Industry: Cargo and Shipping | Energy | Transportation
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Michael F. Bonkowski and Nicholas J. Brannick, Cole Schotz P.C., Wilmington, DE ; Ross A. Mortillaro, Stinson Leonard Street LLP, Dallas, TX for plaintiff.
for defendant: Mary F. Dugan, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; John Zavitsanos, Debora Si-mon Pacholder and Edward Goolsby, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, P.C., Houston, TX for defendant.
Case Number: D68508
The parties' contractual agreements contained inconsistencies, and these ambiguities precluded summary judgment.
Publication Date: 2019-03-27
Practice Area: Government
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Oliver J. Cleary, Department of Justice, Wilmington, DE for the state.
for defendant: John S. Whitelaw and Katherine E. Sell, Community Legal Aid Society, Inc., Wilmington and Dover, DE; Travis W. England, Nationall Center for Law and Economic Justice, New York, NY for defendant. Joan-na J. Cline, Pepper Hamilton LLP, Wilmington, DE for amicus curiae David A. Super of Georgetown Univ. Law Center in support of defendant.
Case Number: D68505
The state was preempted by federal law from bringing a state court action against a recipient of public benefits for fraud where a state agency had already pursued an administrative action based on the identical facts.
Publication Date: 2019-02-13
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Bartholomew J. Dalton and Michael C. Dalton, Dalton & Assoc., P.A., Wilmington, DE; Barry S. Simon, Jonathan B. Pitt and Stephen L. Wohlgemuth, Williams & Connolly LLP, Washington, DC for plaintiff.
for defendant: Blake Rohrbacher, Kevin M. Gallagher and Kelly L. Freund, Richards, Layton & Finger, P.A., Wilming-ton, DE; Kevin J. Orsini and Rory A. Leraris, Cravath, Swaine & Moore LLP, New York, NY for defendant.
Case Number: D68458
The chancery court abused its discretion in refusing to allow a shareholder to inspect emails under a §220 books and records, request, because the corporation did not have any formal documents relating to the amend-ment of an investors' rights agreement.
Publication Date: 2019-01-30
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Santino Ceccotti and Bernard J. O'Donnell, Office of the Public Defender, Wilmington, DE for applel-lant.
for defendant: Andrew J. Vella, Department of Justice, Wilmington, DE for the state.
Case Number: D68442
The court vacated defendant's sentence because it constituted a double jeopardy violation. Remanded for resentencing.
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Publication Date: 2019-01-30
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Bernard J. O'Donnell, Office of Public Defender, Wilmington, DE for appellant.
for defendant: Maria T. Knoll, Department of Justice, Wilmington, DE for appellee.
Case Number: D68440
The multiplicity doctrine precluded separate charges for resisting arrest for each law enforcement officer involved in an arrest and required only one charge for an arrest attempt.
Publication Date: 2018-10-24
Practice Area: Corporate Governance | Mergers and Acquisitions | Securities Litigation
Industry: Food and Beverage
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Ryan M. Ernst, Daniel P. Murray,O'Kelly Ernst & Joyce, LLC, Wilmington, DE; Donald J. Enright, Eliza-beth K. Tripodi, Levi & Korsinsky, LLP, Washington, D.C., attorneys for plaintiff
for defendant: Matthew E. Fischer, Matthew R. Dreyfuss, Potter Anderson & Corroon LLP, Wilmington, DE; Roger A. Cooper, Rishi N. Zutshi, Vanessa C. Richardson, Hana Choi, Cleary Gottlieb Steen & Hamilton LLP, New York, NY, attorneys for defendants Synutra, Jinrong Chen, Lei Lin and Yalin Wu; William M. Laf-ferty, John P. DiTomo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Portnoy, Re-becca L. Martin, Davis Polk & Wardwell LLP, New York, NY, for defendants Liang Zhang, Xiuqing Meng and Beams Power Investment Ltd.
Case Number: D68329
The business judgment rule applied, even though a controller's initial offer did not contain the required condi-tions, because he provided a second letter containing those conditions prior to any action by the special com-mittee.
Publication Date: 2018-09-12
Practice Area: Criminal Law | Evidence | Expert Witnesses
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.
Case Number: D68279
Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.
Publication Date: 2018-07-11
Practice Area: Personal Injury | Toxic Torts
Industry: Education | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorney for appellant
for defendant: Eileen M. Ford and Megan T. Mantzavinos, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE; Robert S. Goldman and Lisa C. McLaughlin, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Sarah P. Kelly, Nutter, McClennen & Fish, LLP, Boston, MA, attorneys for appellees.
Case Number: D68208
Asbestos manufacturers obligated to provide safe handling warnings and instructions to employers who purchased asbestos products, such that employers could pass those warnings and instructions onto their employees, and could have liability for failure to provide such warnings and instructions.
Publication Date: 2018-03-07
Practice Area: Corporate Governance | Mergers and Acquisitions
Industry: Hospitality and Lodging
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Jeremy Friedman, Spencer Oster, and David Tejtel, Friedman Oster & Tejtel PLLC, New York, NY; Peter B. Andrews, Craig J. Springer, and David M. Sborz, Andrews & Springer LLC, Wilmington, DE, attorneys for appellant
for defendant: Mark A. Kirsch and Jefferson E. Bell, Gibson, Dunn & Crutcher LLP, New York, NY; Brian M. Lutz, Gibson, Dunn, & Crutcher LLP, San Francisco, CA; Raymond J. DiCamillo and Elizabeth DeFelice, Richards, Layton & Finger, P.A., Wilmington, DE; Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE, attorneys for appellees.
Case Number: D68063
Boards decision to exclude the chairman/founders opposition to a proposed merger transaction from the stockholders proxy statement was in error, where the facts of such opposition may have been material to a stockholders decision to approve the transaction and the omission of such facts rendered the proxy a partial, incomplete disclosure.
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