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Publication Date: 2023-08-28
Practice Area: Products Liability
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.
Case Number: N17C-07-001 PPI
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Publication Date: 2023-08-28
Practice Area: Corporate Governance
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE; Mark Lebovitch, Edward Timlin, Bernstein Litowitz Berger & Grossman LLP, New York, NY; Michael J. Barry, Kelly L. Tucker, Jason M. Avellino, Grant & Eisenhofer, P.A., Wilmington, DE; Thomas Curry, Saxena White P.A., Wilmington, DE for plaintiffs.
for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; John A. Neuwirth, Joshua S. Amsel, Tanner S. Stanley, Weil, Gotshal & Manges LLP, New York, NY for defendants.
Case Number: 2023-0215-MTZ
Court approved non-opt-out class for direct stockholder breach of fiduciary duty claims where obtaining opt-outs would be impractical under the circumstances and the proposed settlement provided relief to the entire class.
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Anthony N. Delcollo, Thomas H. Kramer, Offit Kurman, P.A., Wilmington, DE for plaintiff.
for defendant: Daniel F. McAllister, McAllister Firm LLC, Wilmington, DE for defendant.
Case Number: N19C-08-199 MMJ CCLD
Court dismissed breach of settlement lawsuit where there was no evidence that defendant breached his representations and warranties in the settlement, which was the sole exclusion to the broad release of claims that included future claims or claims based on heretofore unknown facts.
Publication Date: 2023-08-28
Practice Area: Personal Injury
Industry: Construction | Real Estate | Retail
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: James P. Hall, Phillips, McLaughlin & Hall, P.A. Wilmington, DE, attorney for plaintiff.
for defendant: Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE; Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
Case Number: N21C-08-110 PRW
Court denied summary judgment to shopping center owner in premises liability action where there were genuine issues of material fact regarding whether agreement with maintenance company constituted owner relinquishing possession and actual control of the premises.
Publication Date: 2023-08-28
Practice Area: Bankruptcy
Industry: Pharmaceuticals
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 19-11292 (JTD)
Court granted bankruptcy trustee's motion for summary judgment to recover legal costs advanced to company CEO where the executive was convicted of racketeering conspiracy arising from the course of his duties, rendering him ineligible for indemnification under his agreement with the company.
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Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C.
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Publication Date: 2023-08-21
Practice Area: Insurance Litigation
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff: Patrick J. Murphy, Quarles & Brady LLP, Milwaukee, WI; Robert L. Byer, Thomas E. Sanchez, Duane Morris, Pittsburgh, PA; Gavin Fung, Liberty Mutual Insurance Company, Boston, MA; Ralph J. Luongo, Kennedys CMK, Philadelphia, PA for appellants.
for defendant: Robert R. Anderson, III, Christopher A. Johnson, Margaret Truesdale, Hughes Socol Piers Resnick & Dyn, Chicago, IL; Timothy R. Smith, Pion, Nerone, Girman, Winslow & Smith; Ralph J. Luongo, Kennedys CMK, Philadelphia, PA; Myles D. Morrison, James P. Ruggeri, Ruggeri Parks & Weinberg, Washington, DC; Michael A. Shiner, Tucker Arensberg, Pittsburgh, PA for appellees.
Case Number: 21-3032
Noting that the exception to the final judgment rule for appellate court jurisdiction required injunctive relief and that none of the District Court's partial summary judgment orders rose to the functional equivalent of an injunction, the court ruled that it did not have jurisdiction to review the orders.
Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Cynthia Chen, Zacharia Chibane, Spears & Imes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; Jeffrey L. Willian, Devora W. Allon, Gilad Y. Bendheim, Patrick J. Gallagher, Vera C. Esses, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 1:18-cv-00654-SB-SRF
Court dismissed complaint seeking to pierce corporate veil where plaintiff failed to present evidence that parent and subsidiary failed to observe corporate formalities.
Publication Date: 2023-08-21
Practice Area: Bankruptcy
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10687 (CTG)
The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.
Publication Date: 2023-08-21
Practice Area: Patent Litigation
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Rodger Dallery Smith II, Anthony David Raucci, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ashok Ramani, David J. Lisson, Micah G. Block, Ian Hogg, Serge A. Voronov, Davis Polk & Wardell LLP, Menlo Park, CA; Kathryn B. Bi, Alena Farber, Davis Polk & Wardell LLP, New York, NY for plaintiff.
for defendant: Kelly E. Farnan, Nicole Kathleen Pedi, Richards, Layton & Finger, PA, Wilmington, DE; Catherine Nyarady, Kripa Raman, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Nicholas Groombridge, Groombridge, Wu, Baughman & Stone LLP, New York, NY; Jonathan Hangartner, X-Patents, APC, La Jolla, CA for defendant.
Case Number: 19-97-CFC
Court stayed motion for judgment of indefiniteness where plaintiff's expert described claim limitation as functional despite court construing it as structural, potentially giving defendant a viable argument in support of a motion for judgment as a matter of law of noninfringement.
Publication Date: 2023-08-21
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: Caitlin D. Kekacs, Andrew D. Roth, Bredhoff & Kaiser, Washington, DC; Michael J. Healey, Healey & Hornack, Pittsburgh, PA for appellant.
for defendant: Samuel J. Pasquarelli, Sherrard German & Kelly, Pittsburgh, PA for appellee.
Case Number: 22-2142
Union local members who disaffiliated from parent union had standing as third-party beneficiaries of parent union's constitution/contract with the local to seek equitable distribution of the local's assets to a new independent local.
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