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  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-09-25
    Practice Area: Contracts
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA for appellants.
    for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
    Case Number: 21-2013

    Former students' allegations that the universities had retained their tuition and fees in full after transitioning to remote learning and canceling campus events during the pandemic supported a reasonable inference that the parties had impliedly contracted for in-person education and supported a claim for unjust enrichment.

  • Rogers v. Superintendent Greene SCI

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
    for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.
    Case Number: 21-2601

    Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.

  • State v. Elder

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.
    Case Number: # 1512017983

    Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.

  • Sorrento Therapeutics, Inc. v. Mack

    Publication Date: 2023-09-18
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jamie L. Wine, Steven N. Feldman, Latham & Watkins LLP, New York, NY; Matthew W. Walch, Russell Mangas, Latham & Watkins LLP, Chicago, IL for plaintiffs.
    for defendant: Elizabeth A. Sloan, Brittany M. Giusini, Fred DeRitis, Ballard Spahr LLP, Wilmington, DE; Paul Lantieri III, Ballard Spahr LLP, Philadelphia, PA; Stephen B. Brauerman, Justin C. Barrett, Bayard, P.A., Wilmington, DE for defendants.
    Case Number: 2021-0210-PAF

    Company president was liable for breaching his non-compete and fiduciary duties where the evidence supported finding that he diverted business opportunities to a competing company he founded.

  • AbbVie Endocrine Inc. v. Takeda Pharm. Co. Ltd.

    Publication Date: 2023-09-18
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: A. Thompson Bayliss, Eric A. Veres, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; Paul J. Loh, Jason H. Wilson, Eileen M. Ahern, Amelia L.B. Sargent, Peter Shimamoto, Ashley L. Kirk, Kenneth M. Trujillo-Jamison, Breeanna N. Brewer, Caitlin F. Lynch, Willenken LLP, Los Angeles, CA for plaintiff.
    for defendant: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; Fred A. Kelly, Jr., Joshua S. Barlow, Tiffany Jang, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; Mark Basanta, Aakruti G. Vakharia, Haug Partners LLP, New York, NY; Christopher Gosselin, Haug Partners LLP, Washington, D.C. for defendant.
    Case Number: 2020-0953-SG

    Plaintiff's damages methodology was found mostly reliable, as the court rejected defendant's assertion that plaintiff could have mitigated its damages since the evidence showed that defendant would not have cooperated with those mitigation efforts or the success of those efforts was speculative at best.

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  • Epsilon Energy USA, Inc. v. Chesapeake Appalachia, LLC

    Publication Date: 2023-09-18
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff: Matthew A. Fitzgerald, McGuireWoods, Richmond, VA; Gregory J. Krock, McGuireWoods, Pittsburgh, PA; Elizabeth M. Thomas, McGuireWoods, Charlotte, NC for appellant.
    for defendant: Richard L. Armezzani, Daniel T. Brier, John B. Dempsey, Nicholas F. Kravitz, Myers Brier & Kelly, Scranton, PA for appellee.
    Case Number: 22-1280

    Court remanded for district court to join other parties to a joint operating agreement since adjudicating the case would necessarily implicate those parties' contractual rights and obligations.

  • Cleveland-Cliffs Burns Harbor LLC v. Boomerang Tube, LLC

    Publication Date: 2023-09-18
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Kevin M. Capuzzi, Kate Harmon, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE; Andrew G. Fiorella, Nathan H. Boninger, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, OH for plaintiffs.
    for defendant: Joseph B. Cicero, Thomas A. Youngman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Jeffrey H. Zaiger, Judd Linden, Zaiger LLC, New York, NY; David E. Ross, S. Michael Sirkin, Thomas C. Mandracchia, Ross Aronstam & Moritz LLP, Wilmington, DE for defendants.
    Case Number: 2022-0378-LWW

    Although unsecured creditor could not pierce the corporate veil as to the controller, it adequately pled fraudulent transfer and successor liability claims against an affiliate that acquired all of a fellow affiliate's assets, when the circumstances of the sale supported an inference that the transfer was designed to place assets out of creditors' reach.

  • Holifield v. XRI Inv. Holdings LLC

    Publication Date: 2023-09-18
    Practice Area: Corporate Entities
    Industry: Consulting | Energy | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Michael W. McDermott, Richard I. G. Jones, Jr., David B. Anthony, Zachary J. Schnapp, Harry W. Shenton, IV, Berger Harris LLP, Wilmington, DE for appellants.
    for defendant: A. Thompson Bayliss, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE; Robert N. Hochman, Sidley Austin LLP, Chicago, IL, Margaret Hope Allen, Angela C. Zambrano, Yolanda Cornejo Garcia, Sidley Austin LLP, Dallas, TX; Robin Wechkin, Sidley Austin LLP, Issaquah, WA for appellee.
    Case Number: 407, 2022

    Court declined to disavow jurisprudence holding that parties to an LLC agreement could impose incurable voidness on purported transactions under the agreement since the Delaware Limited Liability Company Act gave broad contractual freedom in an operating agreement.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Legal Services
    Court: Delaware Superior Court
    Judge: District Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: N20C-08-186 FWW

    Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.

  • Horizon Servs., Inc. v. Henry

    Publication Date: 2023-09-18
    Practice Area: Labor Law
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
    for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
    Case Number: N21C-10-044

    Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.