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Publication Date: 2024-04-29
Practice Area: Mergers and Acquisitions
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: R. Judson Scaggs, Jr., Grant E. Michl, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Kevin M. Downey, R. Kennon Poteat III, Anna K. Tsiotsias, Ilana B. Frier, Williams & Connolly, LLP, Washington, DC for plaintiffs.
for defendant: David E. Ross, S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilmington, DE; Andrew W. Vail, Benjamin J. Bradford, Jenner & Block LLP, Chicago, IL; Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for defendants.
Case Number: N23C-05-034 MAA CCLD
Court denied judgment on the pleadings for defendants in action to obtain contractual indemnification in business purchase agreement where plaintiffs' interpretation of the scope of the agreement's indemnification provision, including the amount of indemnification, was facially reasonable.
Publication Date: 2024-04-29
Practice Area: Antitrust
Industry: E-Commerce | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew D. Stachel, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; William A. Isaacson, Amy J. Mauser, David E. Cole, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C. for plaintiff.
for defendant: David J. Baldwin, Peter C. McGivney, Berger Harris, Wilmington, DE; Joseph A. Ostoyich, Danielle Morello, Clifford Chance LLP, Washington, D.C.; Paul C. Cuomo, Heather Souder Choi, Adam Dec, Baker Botts LLP, Washington, D.C. for defendants.
Case Number: 15-108-RGA
Sherman Act violation claim failed under the rule of reason where plaintiff failed to present sufficient evidence to define the relevant geographic or product market, but removal of plaintiff's products from a website, which hampered its ability to compete, was sufficient evidence of refusal to deal.
Publication Date: 2024-04-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Brian C. Ralston, T. Brad Davey, Charles P. Wood, Abraham C. Schneider, Potter Anderson & Corroon LLP, Wilmington, DE; Douglas P. Baumstein, Ellen Shapiro, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York, NY for plaintiffs.
for defendant: Blake Rohrbacher, Mari Boyle, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE; Anthony M. Candido, Clifford Chance US LLP, New York, NY for defendants.
Case Number: 2023-0948-LWW MEMORANDUM OPINION Date Submitted:
Plaintiff's removal as an employee and manager of LLCs was ineffective where the operating agreements established payment of the fair market value of plaintiff's revenue share as a condition precedent to removal.
Publication Date: 2024-04-29
Practice Area: Damages
Industry: Energy | Legal Services | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Theodore A. Kittila, James G. McMillan, William E. Green, Jr., Halloran Farkas + Kittila, LLP, Wilmington, DE for plaintiff.
for defendant: Robert J. Katzenstein, Robert K. Beste, Lauren A. Ferguson, Smith Katzenstein & Jenkins, Wilmington, DE for defendants.
Case Number: N23C-07-200 EMD CCLD
Court dismissed malicious prosecution claim against legal counsel where the claim arose from litigation filed in another jurisdiction and counsel lacked sufficient contacts to support general personal jurisdiction.
Publication Date: 2024-04-29
Practice Area: Damages
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Robert Charles Lewis, Salem, NJ, pro se plaintiff.
for defendant:
Case Number: 23-785-CFC
Court dismissed purported complaint for royalties due to insufficient allegations regarding any agreement for royalty payments or sales that would trigger a royalty obligation.
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Publication Date: 2024-04-29
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Amanda D. Buckworth, Deputy Attorney General, Department of Justice for plaintiff.
for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE for defendant.
Case Number: 1510018545A
Court ruled evidentiary hearings were necessary to resolve postconviction relief claims alleging trial counsel's ineffectiveness for failing to call witnesses who would contradict the complaining witness and whether the state committed a Brady violation by concealing knowledge of an alleged non-prosecution promise to the complaining witness.
Publication Date: 2024-04-29
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Keith E. Donovan, Morris James LLP, Dover, DE for plaintiff.
for defendant: Douglass Lee Mowrey, Wilmington, DE for defendant.
Case Number: N20C-03-128 SKR
Person injured in an accident while removing cargo from the rear storage of a vehicle was entitled to PIP coverage under applicable New Jersey law.
Publication Date: 2024-04-29
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: David C. Weiss, Special Counsel, Leo J. Wise, Principal Senior Assistant Special Counsel, Derek E. Hines, Senior Assistant Special Counsel, U.S. Department of Justice, Wilmington, DE for plaintiff.
for defendant: Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Christopher D. Man, Winston & Strawn, Washington, DC for defendant.
Case Number: 23-61 (MN)
Court declined to dismiss charges based on immunity purportedly conferred by a diversion agreement since the agreement lacked the approval necessary for it to go into effect and the parties and court disputed the scope of immunity.
Publication Date: 2024-04-22
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Justin T. Hymes, Esquire, Potter Anderson & Corroon LLP, Wilmington, DE; William C. O’Neil, Jeffrey J. Huelskamp, Gretchen Scavo, Winston & Strawn LLP, Chicago, IL; Marisa E. Witter, Winston & Strawn LLP, Houston, TX for plaintiff.
for defendant: Rudolf Koch, Travis S. Hunter, Alexander M. Krischik, Elizabeth J. Freud, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; James G. Sawtelle, Sherman & Howard L.L.C., Denver, CO; R. Montgomery Donaldson, Montgomery, McCracken, Walker & Rhoads, LLP, Wilmington, DE; B. John Casey, Ryan H. Tamm, Stoel Rives LLP, Portland, OR for defendants.
Case Number: N23C-07-209 SKR CCLD
Court declined to dismiss fraud claims as untimely under contractual limitations period where the parties' contract expressly exempted fraud claims from the scope of the contractual indemnity provisions containing the survival clauses.
Publication Date: 2024-04-22
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff:
for defendant:
Case Number: 19-10729 (MFW)
Bankruptcy court dismissed adversary proceeding alleging breaches of fiduciary duties as time barred where trustee failed to present evidence of defendants' affirmative acts of fraudulent concealment of material information from the board to support tolling the statute of limitations.
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