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Publication Date: 2020-03-18
Practice Area: Occupational Safety and Health
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Michael I. Silverman and Adrienne McDonald, Silverman McDonald & Friedman, Wilmington, DE for claimant.
for defendant: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for employer.
Case Number: D68917
The court erred in affirming a finding by the Industrial Accident Board that claimant was not permanently impaired based on the outcome of a temporary disability proceeding. Reversed and remanded, because claimant was entitled to the opportunity to present his evidence at a permanent impairment hearing.
Publication Date: 2020-02-12
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: R. Craig Martin and Kelly L. Freund, DLA Piper LLP, Wilmington, DE for appellants.
for defendant: John P. DiTomo, Ryan D. Stottmann, and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D68872
Chancery court erred in applying foreign law when defendants failed to meet their burden to establish the law, and thus erred in ruling that a forum clause was mandatory rather than permissive, since the clause was permissive under the applicable Delaware law.
Publication Date: 2020-01-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: William M. Lafferty, D. McKinley Measley, and Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Tariq Mundiya, Sameer Advani, Alexander L. Cheney, and Brittany M. Wagonheim, Willkie Farr & Gallagher LLP, New York, NY for appellants.
for defendant: Carmella P. Keener, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Carol S. Shahmoon and Gregory E. Keller, Shahmoon Keller PLLC, New York, NY for appellee.
Case Number: D68855
Stockholder presenting dissident slate of board nominees was not entitled to injunctive relief where, although trusts' requests for additional information was overbroad, the stockholder's failure to timely respond as required by the bylaws precluded its entitlement to relief.
Publication Date: 2019-12-18
Practice Area: Administrative Law
Industry: Food and Beverage
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
for defendant: Andrew M. Lukashunas, Tybout, Redfearn & Pell, Wilmington, DE for employer.
Case Number: D68812
Substantial evidence supported the finding by the Industrial Accident Board that a claimant was not entitled to workers' compensation benefits.
Publication Date: 2019-10-23
Practice Area: Corporate Governance
Industry: Health Care | Investments and Investment Advisory | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Thad J. Bracegirdle, Scott B. Czerwonka, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE for plaintiffs.
for defendant: Bruce E. Jameson, Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; B. Russell Horton, Gary L. Lewis, George Brothers Kincaid & Horton LLP, Austin, TX for Pinto, Rivervest and Bay City Capital defendants. Brian C. Ralston, Jacqueline A. Rogers, Potter Anderson Corroon LLP, Wilmington, DE; Danny David, Rebeca Huddle, Baker Botts L.L.P., Houston, TX for defendants Terry and Walker.
Case Number: D68749
Plaintiffs failed to adequately allege the existence of a control group in this breach of fiduciary duty matter, so the chancery court properly dismissed the complaint. Affirmed.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2019-08-07
Practice Area: Contracts | Fee Disputes
Industry: Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees
Case Number: D68656
Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.
Publication Date: 2019-05-01
Practice Area: Civil Rights | Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Elizabeth R. McFarlan, Department of Justice, Wilmington, DE for the state.
for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for Jacquez Robinson.
Case Number: D68547
The trial court correctly concluded that the state engaged in conduct which violated a criminal defendant's Sixth Amendment right to counsel, but the Delaware Supreme Court held that dismissal was not the only appropriate remedy for the misconduct.
Publication Date: 2019-04-24
Practice Area: Privacy
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Stephen P. Norman of The Norman Law Firm, Dagsboro, DE for plaintiff.
for defendant: Michael F. McTaggart and Carla A.K. Jarosz of the Delaware Dept' of Justice, Wilmington, DE for de-fendants.
Case Number: D68537
Collateral estoppel applied to the questions of consent and revocation in this civil matter, because the court already decided those issues in the context of an earlier criminal proceeding.
Publication Date: 2019-01-30
Practice Area: Contractual Disputes
Industry: Investments and Investment Advisory | Mining and Resources
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Stephen C. Norman and Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE; David B. Hennes, C. Thomas Brown, Adam M. Harris and Elizabeth D. Johnston, Ropes & Gray LLP, New York, NY for plaintiffs Oxbow Carbon & Mineral Holdings, Ingraham Investments, William I. Koch and Oxbow Carbon Investment Co. LLC. Kenneth J. Nachbar, Thomas W. Briggs, Jr. and Richard Li, Morris, Nich-ols, Arsht & Tunnell LLP, Wilmington, DE; R. Robert Popeo, Michael S. Gardener and Breton Leo-ne-Quick, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, MA for plaintiff
for defendant: Oxbow Carbon LLC. Kevin G. Abrams, Michael A. Barlow and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Brock E. Czeschin, Matthew D. Perri and Sarah A. Galetta, Richards, Layton & Finger, P.A., Wilmington, DE; Michael B. Carlinsky, Chad Johnson, Jennifer Barrett, Silpa Maruri, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Christopher Landau, Quinn Emanuel Urquhart & Sul-livan, LLP, Washington, DC for defendant Crestview-Oxbow Acquisition. J. Clayton Athey and John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE; Dale C. Christensen, Jr and Michael B. Weitman, Seward & Kissell, LLP, New York, NY for defendant Load Line Capital
Case Number: D68441
The plain language of an LLC agreement governed the parties' dispute, and the trial court improperly implied a cove-nant where no contractual gap existed. Affirmed in part, reversed in part.
Publication Date: 2019-01-16
Practice Area: Administrative Law | Health Care Law
Industry: Health Care | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Francis G.X. Pileggi, Brian D. Ahern, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA; Christopher E. Torkelson, Eckert Seamans Cherin & Mellott, LLC, Princeton, NJ for appellant.
for defendant: Lauren E. Maguire and Adria B. Martinelli, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: D68423
Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.
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