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Publication Date: 2024-04-22
Practice Area: Securities Litigation
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Sara Fuks, The Rosen Law Firm, P.A., New York, NY for plaintiffs.
for defendant: Robert W. Whetzel, Raymond J. DiCamillo, John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Sean M. Berkowitz, Nicholas J. Siciliano, Latham & Watkins LLP, Chicago, IL for defendants.
Case Number: 21-55-CFC
Stockholders failed to adequately plead that securities filings were materially false or misleading where statements adequately conveyed that the company was subject to investigations and securities laws did not require corporations to guess as to the likely outcome of such investigations.
Publication Date: 2024-04-22
Practice Area: Copyrights
Industry: Consulting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-325-WCB
Court denied renewed motion for stay pending resolution of interlocutory appeal in related criminal matter where no unexpected events had occurred in that matter and the scope of the limited stay would mean the defendants in the criminal matter would remain unavailable to testify due to their Fifth Amendment privilege.
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.
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.
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.
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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.
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.
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.
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.
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.
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