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  • Nivagen Pharm., Inc. v. Hikma Pharm USA Inc.

    Publication Date: 2024-04-22
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: John A. Sensing, Andrew M. Moshos, Wilmington, DE for plaintiff.
    for defendant: Dominick T. Gattuso, Elizabeth A. DeFelice, Wilmington, DE for defendant.
    Case Number: N23C-09-062 VLM CCLD

    Tortious interference claim against parent corporation failed where plaintiff failed to allege facts supporting an inference that parent acted to maliciously harm plaintiff or was knowingly acting outside its subsidiary's economic interests.

  • Coco v. Dear

    Publication Date: 2024-04-22
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1787

    Plaintiff raised genuine issues of material fact as to whether officers had probable cause to arrest where there was conflicting evidence regarding whether plaintiff had offensively struck one officer's police horse.

  • Brisco v. Delaware State Police

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: William Brisco, Smyrna, DE, pro se plaintiff.
    for defendant: James H. McMacklin, III, Allyson G. Britton, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendant.
    Case Number: N23C-12-090 EMD

    News outlet's report that fairly summarized police arrest report was protected under the fair reporting privilege and not actionable in a defamation claim.

  • Brown v. Google.com

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Lottoria N. Brown, Wilmington, DE, pro se plaintiff.
    for defendant:
    Case Number: 22-1298 (MN)

    Court dismissed complaint upon sua sponte screening after finding that generic allegations failed to state a prima facie claim.

  • Cedres v. Geoffrey Serv. Corp.

    Publication Date: 2024-04-15
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE for plaintiffs.
    for defendant: Edward J. Fornias, III, Law Office of EJ Fornias, P.A., Wilmington, DE for defendants.
    Case Number: 2020-0745-MTZ

    Court declined to enforce a settlement against defendants' affiliates who were non-parties to the underlying action, as Ct. Ch. R. 71 could not supply an independent basis to extend jurisdiction over non-parties in the absence of due process.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • In re: BYJU's Alpha, Inc.

    Publication Date: 2024-04-15
    Practice Area: Bankruptcy
    Industry: Education | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-10140 (JTD)

    Court could issue preliminary injunctive relief to freeze funds at issue in a fraudulent transfer claim where state law authorized prejudgment attachment and equitable claims also provided a basis to issue preliminary equitable relief.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

  • In re Match Group, Inc. Derivative Litig.

    Publication Date: 2024-04-15
    Practice Area: Mergers and Acquisitions
    Industry: E-Commerce | Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Michael Hanrahan, J. Clayton Athey, Corinne Elise Amato, Kevin H. Davenport, Stacey A. Greenspan, Jason W. Rigby, Prickett, Jones & Elliott, P.A., Wilmington, DE; Lee D. Rudy, Eric L. Zagar, J. Daniel Albert, Maria T. Starling, Kessler Topaz Meltzer & Check, LLP, Radnor, PA; Robert D. Klausner, Klausner, Kaufman, Jensen & Levinson, Plantation, FL for appellants.
    for defendant: William M. Lafferty, John P. DiTomo, Elizabeth A. Mullin, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Theodore N. Mirvis, Jonathan M. Moses, Ryan A. McLeod, Alexandra P. Sadinsky, Canem Ozyildirim, Wachtell, Lipton, Rosen & Katz, New York, NY; Blake Rohrbacher, Matthew W. Murphy, Sandy Xu, Richards, Layton & Finger, P.A., Wilmington, DE; Maeve O’Connor, Susan R. Gittes, Amy C. Zimmerman, Debevoise & Plimpton LLP, New York, NY; David E. Ross, Adam D. Gold, Ross Aronstam & Moritz LLP, Wilmington, DE; Joshua G. Hamilton, Meryn C.N. Grant, Latham & Watkins LLP, Los Angeles, CA; Blair Connelly, Latham & Watkins LLP, New York, NY; Michele D. Johnson, Latham & Watkins LLP, Costa Mesa, CA for appellees.
    Case Number: 368, 2022

    Chancery court erroneously applied business judgment rule to review transaction where controlling stockholder stood on both sides and received a non-ratable benefit where not all members of the company's separation committee were independent from the controller.

  • Gordian Med., Inc. v. Vaughn

    Publication Date: 2024-04-15
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.
    Case Number: 22-319 (MN)

    Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.

  • McNeal v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Marc H. Snyder, Rosen Moss Snyder & Bleefeld, LLP, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, United States Attorney, United States Attorney's Office for the District of Delaware, Wilmington, DE; Andrew C. Lynch, Special Assistant United States Attorney; Brian C. O'Donnell, Associate General Counsel; Brittany J. Gigliotti, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.
    Case Number: 23-350-SRF

    The record contained substantial evidence to support an ALJ's determination of claimant's mental limitations, including examination findings within normal limits and claimant's admission that she could perform most tasks of personal care and daily living.