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Publication Date: 2024-02-05
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Karl Schwartz, Catherine Trama, Wiseman & Schwartz, Philadelphia, PA for defendant.
Case Number: 1804000397
Ineffective assistance of counsel claims failed where trial counsel's preparation and examination of witnesses was reasonable trial strategy to avoid playing into the state's theory of voluntary intoxication, and where any additional evidence was unlikely to have changed the verdict from guilty but mentally ill to not guilty by reason of insanity.
Publication Date: 2024-02-05
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
for defendant: Stacy A. Scrivani, Alexis R. Gambale, Stevens & Lee, P.C., Wilmington, DE; Lisa M. Scidurlo, Stevens & Lee, P.C., King of Prussia, PA; Michael M. Greenfield, Sasha A. Phillips, Stevens & Lee, P.C., Philadelphia, PA; Theresa M. Zechman, Stevens & Lee, P.C., Lancaster, PA for defendant.
Case Number: 22-1283-RGA
Court declined to dismiss religious discrimination claim where terminated employee adequately pled sincerely held religious belief supporting her objection to COVID-19 vaccines.
Publication Date: 2024-02-05
Practice Area: Mass Torts
Industry: Agriculture | Chemicals and Materials | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Andrew C. Dalton, Dalton & Associates P.A., Wilmington, DE; Scott M. Hendler, Hendler Flores Law, Austin, TX for plaintiffs.
for defendant: Jennifer C. Wasson, Potter Anderson & Corroon LLP, Wilmington, DE; Ryan D. Stottmann, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Adam V. Orlacchio, Blank Rome LLP, Wilmington, DE; Kelly E. Farnan, Richards, Layton & Finger, Wilmington, DE; John C. Phillips, Jr., Phillips Goldman & Spence P.A., Wilmington, DE; Andrea E. Neuman, Mary Beth Maloney, Gibson, Dunn & Crutcher LLP, New York, NY; William E. Thomson, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Michael L. Brem, Schirrmeister Diaz-Arrastia Brem LLP, Houston, TX for defendants.
Case Number: 12-695-RGA
Court declined to grant summary judgment for defendants where the parties' joint expert persuasively opined that plaintiffs' complaint qualified as a protective action under relevant Ecuadoran law, making plaintiffs' claims not time-barred under the Delaware borrowing statute.
Publication Date: 2024-01-29
Practice Area: Corporate Entities
Industry: Education
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
for defendant: Jeffrey J. Lyons, Baker & Hostetler LLP, Wilmington, DE for defendant.
Case Number: 2023-0813-MTZ
Court declined to enter summary judgment where there was a genuine issue of material fact as to whether plaintiffs had provided valid consent to the elimination/revocation of their vested advancement rights under the companies' operating agreements upon the amendment/restatement of those agreements.
Publication Date: 2024-01-29
Practice Area: Mergers and Acquisitions
Industry: Biotechnology | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: C. Barr Flinn, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Peter J. Walsh, Jr., Michael A. Pittenger, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs.
for defendant: A. Thompson Bayliss, Eric A. Veres, Michael T. Manuel, Abrams & Bayliss LLP, Wilmington, DE for defendants.
Case Number: 2023-1045-PAF
Court struck pleadings based on confidential corporate information where information was supplied by director nominated by stockholder although the stockholder did not have a contractual right to designate the director and the director did not serve as the stockholder's fiduciary on the board.
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Authors: David R. Marriott
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Publication Date: 2024-01-29
Practice Area: Bankruptcy
Industry: Manufacturing | Pharmaceuticals
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12522 (JTD)
Court rejected invocation of securities safe harbor provision to dismiss fraudulent transfer claims where defendant did not qualify as a financial participant in the transaction as defined by the provision.
Publication Date: 2024-01-29
Practice Area: Bankruptcy
Industry: Electronics | Investments and Investment Advisory | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Mark D. Collins, Marcos A. Ramos, Cory Kandestin, Richards, Layton & Finger, P.A., Wilmington, DE; Mitchell A. Karlan, Paul J. Kremer, Gibson, Dunn & Crutcher LLP for appellants.
for defendant: Curtis Miller, Daniel B. Butz, Jonathan M. Weyland, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE; James A. Bombulie, Dustin B. Hillsley, Akerman, LLP, Miami, FL; Brian P. Miller, King & Spalding LLP, Miami, FL for appellees.
Case Number: 22-179-RGA
Statute of limitations barred adversary complaints filed on behalf of debtors by their creditor where creditor's prior lawsuit against debtors based on the same factual predicate put debtors on notice of the claims raised in the adversary proceeding.
Publication Date: 2024-01-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Mark Lebovitch, Edward G. Timlin, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for appellants.
for defendant: William B. Chandler III, Brad D. Sorrels, Amy L. Simmerman, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Mark R. Yohalem, Wilson Sonsini Goodrich & Rosati, P.C., Los Angeles, CA; William M. Lafferty, Susan W. Waesco, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: 2022-1007
Ability to sue corporate officers for fiduciary violations was not a "power, preference, or special right" of a class of stock and thus a proposed amendment to add an officer exculpation clause did not require a separate class vote under the Delaware General Corporation Law.
Publication Date: 2024-01-29
Practice Area: Labor Law
Industry: Construction | Energy | Recruitment and Staffing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Cecily L. Kaffer, The Kullman Firm, Mobile, AL; Setara C. Ozan, The Kullman Firm, Birmingham, AL for defendants.
Case Number: 22-1224 (MN)
Age discrimination/failure-to-hire claim failed under a theory of cat's paw liability where employer relied on more information than the feedback of a potentially biased supervisor to determine that plaintiff lacked the necessary skills and recent work experience.
Publication Date: 2024-01-29
Practice Area: Criminal Appeals
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Elliot M. Margules, Office of the Public Defender, Wilmington, DE for appellant.
for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 435, 2022
Cell phone data warrant was an unlawful general warrant where it lacked any temporal limitation and permitted searches of applications unconnected to the facts supporting probable cause.
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