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Publication Date: 2023-09-18
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.
for defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.
Case Number: 22-04577
Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Consulting | Investments and Investment Advisory | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12816(JKS)
The court denied motions to dismiss counts alleging breach of fiduciary duties, aiding and abetting breach of fiduciary duties, recharacterization of debt to equity, and equitable subordination arising from defendants' control of debtor that led to its bankruptcy.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Construction | Energy
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Robert J. Denhey, Andrew R. Remming, Matthew 0. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; David Dunn, Allison Wuertz, Hogan Lovells US LLP, New York, NY for appellant.
for defendant: Brian A. Sullivan, Werb & Sullivan, Wilmington, DE; Don Fogel, Fogel & McEvily, LLC, Houston, TX for appellee.
Case Number: 22-1371-CFC
Bankruptcy court correctly dismissed statutory disgorgement and turnover claims against assignee of unlicensed contractor who held invoices owed by debtor, where California's statutory provision authorizing recovery of sums paid to unlicensed contractor did not extent to other parties.
Publication Date: 2023-09-11
Practice Area: Corporate Governance
Industry: Agriculture | Consulting | Consumer Products
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Bruce E. Jameson, Eric J. Juray, Jason W. Rigby, Robert B. Lackey, Prickett, Jones & Elliott, P.A., Wilmington, DE; Thomas H. Vidal, Shamar Toms-Anthony, Pryor Cashman LLP, Los Angeles, CA for plaintiff.
for defendant: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; Evan W. Bolla, Megan Dubatowka, Harris St. Laurent & Wechsler LLP, New York, NY for defendant.
Case Number: 2022-0098-MTZ
Reasoning that under the plain language of 8 Del. C. § 145 a director or officer may recover for fees incurred by a wholly owned entity, the court held that plaintiff was entitled to indemnification for breach of contract claims brought against an entity owned by him as well as for counterclaims brought by him and the entity.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Insurance | Pharmaceuticals | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Wallace
Attorneys: For plaintiff: Karen Jacobs, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Keith J. Harrison, Christopher Flynn, Daniel W. Wolff, Jerome P. DeSanto, Jed Wulfekotte, Cromwell & Moring, LLP, Washington, DC for plaintiffs.
for defendant: Corrine Elise Amato, Eric J. Juray, Jason W. Rigby, Prickett, Jones & Elliot, P.A., Wilmington, DE; Neil K. Gilman, Christopher J. Dufek, Brianne Reese, Hunton Andrews Kurth LLP, Washington DC; John B. Shely, Courtney B. Glaser, Kesley J. Hope, Hunton Andrews Kurth LLP, Houston, TX for defendants.
Case Number: N19C-12-214 PRW CCLD
Court denied plaintiffs' motion for JNOV/new trial where there were sufficient facts to support the jury's verdict finding in favor of defendants' affirmative defenses of the statute of limitations and voluntary payment.
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Publication Date: 2023-09-11
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Wallach
Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Jonathan A. Choa, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 15-00897-EJW
Court declined to exclude expert report in support of class certification where unreliability of trading model was not fatal to the reliability and admissibility of the report's event study, but plaintiffs' theories of damages in their expert report did not encompass some damages experienced by certain sophisticated investors.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
Case Number: N21C-12-039
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Energy
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11501 (CTG)
Creditor's cross-motion for leave to file an amended proof of claim denied where, once the bar date for filing proof of claims has passed, a proof of claim typically cannot be amended to add claims that were not included within the scope of the original proof of claim that did not put the debtor and other interested parties on notice of the extent of the amended claim.
Publication Date: 2023-09-11
Practice Area: Civil Rights
Industry: Non-Profit | State and Local Government
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
Case Number: N23C-01-123 MAA
Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.
Publication Date: 2023-09-04
Practice Area: Corporate Governance
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Jerald Hammann, plaintiff pro se.
for defendant: Rolin P. Bissell, James M. Yoch, Jr., Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Holmes, Robert P. Ritchie, Jeremy R. Gonzalez, Vinson & Elkins L.L.P., Dallas, TX for defendants.
Case Number: 2021-0506-PAF
Stockholder's action to invalidate board election was moot where directors had completed their terms and the company had elected a new board.
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