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Publication Date: 2024-07-16
Practice Area: Corporate Governance
Industry: Biotechnology | Chemicals and Materials | Software
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Tiffany Geyer Lydon, Philip Trainer, Jr., Ashby & Geddes, P.A. Wilmington, DE; Lisa C. Solbakken, Arkin Solbakken LLP, New York, NY for plaintiff.
for defendant: Steven L. Becton, II, David J. Margules, Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE for defendant.
Case Number: 2022-0876-NAC
Under the right-of-control test, plaintiff qualified as employee of defendant's subsidiary rather than defendant where subsidiary controlled plaintiff's compensation, determined the terms and conditions of his employment, and supervised his work.
Publication Date: 2024-07-16
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Kathleen Jennings, Attorney General of the State of Delaware, Alexander S. Mackler, Patricia A. Davis, Kenneth Wan, Delaware Department of Justice, Wilmington, DE; Donald B. Verrilli, Jr., Ginger D. Anders, Munger, Tolles & Olson LLP, Washington, DC for appellants.
for defendant: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Noel H. Johnson, Public Interest Legal Foundation, Alexandria, VA for appellees.
Case Number: 120, 2024
Plaintiffs lacked standing to challenge voting procedures where one was not a candidate in the upcoming election cycle and the other's role as inspector of elections did not implicate the challenged procedures.
Publication Date: 2024-07-09
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger and Rodriguez, P.A., Dover, DE for appellant.
for defendant: Andrea C. Panico, Megan E. Murray, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
Case Number: 412, 2023
COVID-19 was not an occupational disease where the risk of getting sick was not a peculiar risk of the worker's employment or work environment but rather was a general risk faced by all workers.
Publication Date: 2024-07-09
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Gregory V. Varallo, Andrew E. Blumberg, Daniel E. Meyer, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE; Ned Weinberger, Mark Richardson, Labaton Keller Sucharow LLP, Wilmington, DE; David Schwartz, John Vielandi, Labaton Keller Sucharow, New York, NY; Aaron T. Morris, Leonid Kandinov, Andrew W. Robertson, Morris Kandinov LLP, New York, NY for plaintiffs.
for defendant: Edward B. Micheletti, Sarah R. Martin, Ryan M. Lindsay, Lauren M. Griffith, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendants.
Case Number: 2022-1073-NAC
Court dismissed former stockholder's fiduciary duty claim arising from breach of merger agreement leading to reduced merger consideration where the reduced price still provided a premium over the stock price and the stockholders approved the merger in an informed vote.
Publication Date: 2024-07-09
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Ryan D. Kingshill, Potter Anderson & Corroon LLP, Wilmington, DE; Brook Roberts, Drew Gardiner, Christine Rolph, James Tabb, Jessica England, Paula Moura, Latham & Watkins LLP, San Diego, CA & New York, NY for plaintiff.
for defendant: Bruce E. Jameson, John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE; Tammy Yuen, Rebecca Amdursky, Amber Locklear, Skarzynski Marick & Black LLP, New York, NY; Marc S. Casarino, Karine Sarkisian, Gary S. Kull, Kennedys CMK LLP, Wilmington, DE & Basking Ridge, NJ for defendants.
Case Number: N23C-03-009 SKR CCLD
Court denied motion to compel discovery to the extent that discovery requests sought documents irrelevant to the case or communications protected by attorney-client privilege.
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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: 2024-07-09
Practice Area: Business Torts
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; John F. Marsh, Jolene S. Griffith, Bailey Cavalieri LLC, Columbus, OH; Tyler J. Dunphy, Active Day OH, Inc., Trevose, PA for plaintiffs.
for defendant: Michael D. DeBaecke, Randall J. Teti, Ashby & Geddes, P.A., Wilmington, DE for defendants.
Case Number: N22C-08-064 SKR CCLD
Court denied defendants' summary judgment motion on breach of non-compete agreement where plaintiffs plausibly pled breach by alleging defendants assisted plaintiffs' former employee with establishing a competing business.
Publication Date: 2024-07-09
Practice Area: Labor Law
Industry: Cargo and Shipping
Court: U.S. District Court of Delaware
Judge: District Judge Groves
Attorneys: For plaintiff:
for defendant:
Case Number: 1:22-CV-01192-JCG
Court declined to dismiss breach of CBA and tort claims against employer where former employee adequately pled that employer did not believe employee intentionally stole from the company and subsequently took steps to frustrate employee's efforts to obtain new employment.
Publication Date: 2024-07-09
Practice Area: Bankruptcy
Industry: Accounting | E-Commerce | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-11068 (JTD)
Court developed methodology to discount value of cryptocurrencies where most of the tokens were held by debtor, which had restricted the trading market to artificially inflate the market price.
Publication Date: 2024-07-09
Practice Area: Civil Procedure
Industry: Food and Beverage | Legal Services | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
for defendant: David W. Martson Jr., Jody C. Bariilare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Abelson, Morgan, Lewis & Bockius LLP, New York, NY for defendants.
Case Number: 19-cv-731-GBW-CJB
Court was not obligated to consider evidence of party asserting attorney-client privilege when ordering an evidentiary hearing where opposing party made a prima facie case for application of the crime-fraud exception.
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