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Publication Date: 2024-07-02
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Automotive
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Wilmington, DE for defendant.
Case Number: K23J-01105
Judgment creditor could seek to enforce foreign judgment that had become dormant before transfer as the judgment remained valid under the original jurisdiction's and Delaware's law, but Delaware law required the creditor to either revive the judgment or seek court approval to execute due to its dormancy.
Publication Date: 2024-07-02
Practice Area: Personal Injury
Industry: Non-Profit
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: William D. Fletcher, Jr., Dianna E. Stuart, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
for defendant: Kevin J. Connors, Marshall Dennehey, P.C., Wilmington, DE for appellee.
Case Number: 249, 2023
Dog bite statute contained no language indicating the legislature's intent to exclude animal welfare organizations from the definition of an "owner."
Publication Date: 2024-06-25
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Bradley R. Aronstam, Roger S. Stronach, Holley E. Newell, Ross Aronstam & Moritz LLP, Wilmington, DE; David S. Flugman, Lauren J. Zimmerman, Korey Boehm, Selendy Gay PLLC, New York, NY for plaintiffs.
for defendant: Susan W. Waesco, Emily C. Friedman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; William C. Jackson, Ashley Moore Drake, Goodwin Procter LLP, Washington, D.C.; Ariel E. Rogers, Goodwin Procter LLP, Redwood City, CA; Lauren E. Jackson, Goodwin Procter LLP, Boston, MA for defendant.
Case Number: 2023-0699-JTL
Statements that did not constitute mere puffery were sufficient to state a fraud claim where plaintiff adequately alleged defendant's scienter and where the parties' contract lacked an anti-reliance clause.
Publication Date: 2024-06-25
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Wallach
Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, V. Noah Gimbel, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 15-00897-EJW
Court did not err in denying class certification where its rulings did not constitute an impermissible "prediction" of plaintiffs' success on the merits and where there was no authority precluding the court from considering loss causation.
Publication Date: 2024-06-25
Practice Area: Corporate Governance
Industry: Cargo and Shipping | Insurance | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Andrew H. Sauder Dailey, LLP, Wilmington, DE for plaintiff.
for defendant: Rebecca L. Butcher, Jennifer L. Cree, Howard W. Robertson IV, Landis Rath & Cobb LLP, Wilmington, DE for defendant.
Case Number: 2023-0589-NAC
Failure to follow written notice requirements to exercise investment option was waived where defendants acted to delay or obstruct plaintiff's efforts to exercise the option despite multiple oral notices of intent to exercise.
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Publication Date: 2024-06-25
Practice Area: Corporate Entities
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: A. Kimberly Hoffman, R. Eric Hacker, Alena V. Smith, Morris James LLP, Wilmington, DE, attorneys for plaintiff.
for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE, attorneys for defendant.
Case Number: 2024-0403-KSJM
Court allowed parties to enter a status quo order staying the proceedings where necessary to protect plaintiff's interest in mandamus proceeding to challenge expiration of land development plan.
Publication Date: 2024-06-25
Practice Area: Mergers and Acquisitions
Industry: Insurance | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2234
Court affirmed summary judgment dismissal of claims where they were collaterally estopped by satisfied arbitration award that resolved the parties' dispute over valuation of deferred compensation payments.
Publication Date: 2024-06-25
Practice Area: Corporate Governance
Industry: E-Commerce | Education | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Kurt M. Heyman, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Gustavo F. Bruckner, Samuel J. Adams, Ankita Sangwan, Pomerantz LLP, New York, NY for plaintiff.
for defendant: William M. Lafferty, Susan W. Waesco, Emily C. Friedman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dean S. Kristy, Jennifer C. Bretan, Fenwick & West LLP, San Francisco, CA; Felix S. Lee, Fenwick & West LLP, Mountain View, CA; Ethan H. Townsend, Daniel T. Menken, McDermott Will & Emery LLP, Wilmington, DE; Timothy E. Hoeffner, McDermott Will & Emery LLP, New York, NY for defendants.
Case Number: 2023-0180-PAF
Company's proxy statement was not materially misleading where company was not obligated to state that customers used the company's products to cheat and use of products in that manner was reasonably foreseeable.
Publication Date: 2024-06-25
Practice Area: Business Torts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Andrew J. Shapren, Scott C. Oberlander, Buchanan Ingersoll & Rooney PC, Philadelphia, PA for plaintiffs.
for defendant: John P. DiTomo, Courtney L. Kurz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; David G. Hille, Gregory M. Stamer, Erika Murdoch, White & Case LLP, New York, NY for defendant.
Case Number: 23-1262-CFC
Court affirmed FINRA arbitration award, rejecting plaintiffs' arguments in support of their motion to vacate where the award was based on applicable statutory law and a reasonable interpretation of FINRA rules, and where the court lacked authority to reweigh the evidence.
Publication Date: 2024-06-25
Practice Area: Insurance Law
Industry: Cargo and Shipping | Energy | Insurance
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: David J. Baldwin, Peter McGivney, Berger Harris LLP, Wilmington, DE; Brent W. Vincent, Bryan Cave Leighton Paisner LLP, Chicago, IL for appellants.
for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Louis A. Bové, Bodell Bove, LLC, Philadelphia, PA for appellee.
Case Number: N19C-05-275
Trial court correctly determined that insurance policy unambiguously excluded coverage for wrongful acts that occurred after the coverage period, as the policy's run-off exclusion merely allowed claimant to file a covered claim after the policy period expired.
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