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  • 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.

  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Abdullah v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Ahmad J. Abdullah, Wilmington, DE, pro se plaintiff
    for defendant: Shawn Carver, Erica Adams, Social Security Administration, Baltimore, MD. for defendant.
    Case Number: 21-506-GBW

    Administrative law judge erred in concluding that Social Security disability applicant possessed residual functional capacity where the determination was based on a mischaracterization of the record evidence, which indicated applicant had a much more limited capacity than that found by the ALJ.

  • Wright v. Silver Creek Pharm., Inc.

    Publication Date: 2024-04-08
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Kevin M. Gallagher, Andrew L. Milam, Richards, Layton & Finger, P.A., Wilmington, DE, attorneys for plaintiff.
    for defendant: Lisa M. Zwally, Greenberg Traurig, LLP, Wilmington, DE, attorney for defendant.
    Case Number: 2023-1044-LWW

    Purported written consent in lieu of a meeting could not moot stockholders' request for an annual meeting where the law required the removal of incumbent directors before a non-unanimous written consent could fill the vacancies.

  • Law Journal Press | Digital Book

    California Premises Liability Law

    Authors: Jayme C. Long

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  • Sykes v. Touchstream Tech., Inc.

    Publication Date: 2024-04-08
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Sean J. Bellew, Bellew LLC, Wilmington, DE; Scott C. McAdam, Law Office of Scott C. McAdam, Henderson, NV for plaintiffs.
    for defendant: Sean A. Meluney, William M. Alleman, Jr., Stephen A. Spence, Meluney Alleman & Spence, LLC, Lewes, DE for defendants.
    Case Number: 2022-0861-SG

    Court declined to dismiss declaratory judgment and breach of contract claims where plaintiff adequately alleged that defendants failed to fulfill their contractual obligations to provide plaintiff with his creditor and equity rights.

  • Harrison Metal Capital III, L.P. v. Math

    Publication Date: 2024-04-08
    Practice Area: Corporate Governance
    Industry: E-Commerce | Investments and Investment Advisory | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: A. Thompson Bayliss, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE for plaintiff.
    for defendant: Catherine A. Gaul, Samuel M. Gross, Ashby & Geddes, Wilmington, DE; Bruce L. Silverstein, Malibu, CA for defendants.
    Case Number: 2022-0261-PAF

    Litigation demand not futile where directors who would give plaintiff a majority lacked any personal or professional connection to the interested controller sufficient to call the directors' independence into question.

  • In re: SC SJ Holdings, LLC

    Publication Date: 2024-04-08
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1731

    Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.

  • In re Carvana Co. Stockholders Litig.

    Publication Date: 2024-04-08
    Practice Area: Corporate Entities
    Industry: Automotive | E-Commerce | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Christine M. Mackintosh, Rebecca A. Musarra, Grant & Eisenhofer, P.A., Wilmington, DE; Kimberly A. Evans, Robert Erikson, Irene R. Lax, Block & Leviton LLP, Wilmington, DE; Jason M. Leviton, Amanda R. Crawford, Block & Leviton LLP, Boston, MA; Ned Weinberger, Mark Richardson, Jiahui (Rose) Wang, Labaton Keller Sucharow LLP, Wilmington, DE; Domenico Minerva, John Vielandi, Labaton Keller Sucharow LLP, New York, NY for plaintiffs.
    for defendant: Joseph R. Slights III, Brad D. Sorrels, Shannon E. German, Leah E. León, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; David E. Ross, Adam D. Gold, R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Brian M. Lutz, Gibson, Dunn & Crutcher LLP, San Francisco, CA; Colin B. Davis, Katie Beaudin, Gibson, Dunn & Crutcher LLP, Irvine, CA; John L. Reed, Ronald N. Brown, III, Peter H. Kyle, Kelly L. Freund, DLA Piper LLP (US), Wilmington, DE for defendants.
    Case Number: 2020-0415-KSJM

    Court granted special litigation committee's motion to dismiss derivative action where members were sufficiently independent and disinterested and conducted a seven-month-long investigation that uncovered sufficient evidence to support the decision to move to dismiss.

  • City of Dearborn Police & Fire Revised Ret. Sys. v. Brookfield Asset Mgmt. Inc.

    Publication Date: 2024-04-08
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Ned Weinberger, Mark Richardson, Brendan W. Sullivan, Labaton Sucharow LLP, Wilmington, DE; Peter B. Andrews, Craig J. Springer, David M. Sborz, Jackson E. Warren, Andrews & Springer LLC, Wilmington, DE; John Vielandi, Labtaton Sucharow LLP, New York, NY; Jeremy Friedman, David Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; Douglas E. Julie, W. Scott Holleman, Garam Choe, Julie & Holleman LLP, New York, NY; Brian J. Robbins, Stephen J. Oddo, Robbins LLP, San Diego, CA for appellants.
    for defendant: Kevin G. Abrams, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE; John A. Neuwirth, Stefania D. Venezia, Amanda K. Pooler, Elizabeth M. Sytsma, Tanner S. Stanley, Weil, Gotshal & Manges LLP, New York, NY for appellees.
    Case Number: 241, 2023

    Chancery court erred in reviewing squeeze-out merger under business judgment review where proxy statement failed to disclose potential conflicts of interest of the special committee's financial and legal advisors.