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  • Livingston v. Kent Diagnostic Radiology Assoc., P.A.

    Publication Date: 2024-11-05
    Practice Area: Corporate Entities
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
    for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for defendant.
    Case Number: K23C-12-023 RLG

    Court denied judgment on the pleadings on departing partner's claim for unpaid medical leave where there were outstanding issues as to the partner's liability for the partnership's negative account balance following its windup.

  • Saunders v. Lightwave Logic, Inc.

    Publication Date: 2024-10-29
    Practice Area: Corporate Entities
    Industry: E-Commerce | Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Barnaby Grzaslewicz, Albert H. Manwaring, IV, Kirsten A. Zeberkiewicz, Morris James LLP, Wilmington, DE for plaintiff.
    for defendant: Joseph C. Schoell, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Steven L. Caponi, Matthew B. Goeller, Megan E. Hunt, K&L Gates LLP, Wilmington, DE for defendants.
    Case Number: N23C-05-120 PRW CCLD

    Court declined to apply "inherently unknowable injury" doctrine to negligence and conversion claims arising from corporation's following of state law to escheat shares where plaintiff had ample opportunity to prevent the escheatment.

  • Rostowsky v. Hirsch

    Publication Date: 2024-10-29
    Practice Area: Corporate Entities
    Industry: Health Care | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Barry F. Fagel, Lindhorst & Dreidame Co., L.P.A., Cincinnati, OH for plaintiff.
    for defendant: David B. Anthony, Berger McDermott LLP, Wilmington, DE; Brian Gottesman, Gabell Beaver LLC, Wilmington, DE; Alisa E. Moen, Moen Law LLC, Wilmington, DE for defendants.
    Case Number: 2022-0004-SG

    Facts demonstrated that plaintiff was entitled to ownership stake in business under promissory estoppel where defendants represented that plaintiff was a co-founder but failed to include him as a member in the LLC's formation documents.

  • Twitter, Inc. v. Musk

    Publication Date: 2024-10-22
    Practice Area: Corporate Entities
    Industry: E-Commerce
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, P.A., Wilmington, DE for plaintiff
    for defendant: Aaron Greenspan, PlainSite, San Francisco, CA.
    Case Number: 2022-0613-KSJM

    Court granted continued confidential treatment of docket entries in part where they concerned confidential corporate policies and procedures, but declined to grant such treatment to non-confidential or public information.

  • Mehra v. Teller

    Publication Date: 2024-10-08
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: John L. Reed, Peter H. Kyle, Kelly L. Freund, Daniel P. Klusman, DLA Piper LLP (US), Wilmington, DE; Patrick J. Smith, Brian T. Burns, Michael K. Sala, Clark Smith Villazor LLP, New York, NY for plaintiffs.
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Elizabeth A. Mullin Stoffer, Kirk C. Andersen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendants.
    Case Number: 2019-0812-KSJM

    Court found that equal sharing provision in parties' LLC agreement had been triggered entitling plaintiff to equal distributions at the subsidiary level by transferring his economic rights to the subsidiary following the holding company's dissolution.

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  • Rivera v. Angkor Capital Ltd.

    Publication Date: 2024-09-03
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE for plaintiff.
    for defendant: Neil R. Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: 2022-0671-MTZ

    Although a corporation that was void before filing suit meant it lacked authority to pursue litigation and thus rendered the final judgment in the suit likely void, the court lacked the authority to sua sponte set aside the judgment absent fraud upon the court.

  • Gibson v. Koncik

    Publication Date: 2024-08-20
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: David L. Konick, Washington, VA for defendants.
    Case Number: 2022-1036-LWW

    Court's readjustment of LLC ownership percentages did not affect the deadlock analysis where the LLC agreement required a two-thirds interest vote or unanimous consent.

  • Gibson v. Konick

    Publication Date: 2024-07-23
    Practice Area: Corporate Entities
    Industry: Legal Services | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Frank E. Noyes, Offit Kurman, P.A., Wilmington, Delaware for plaintiff;
    for defendant: David Konick, pro se defendant.
    Case Number: 2022-1036-LWW

    Court ordered judicial dissolution of LLC formed to hold vacation property after the end of the parties' romantic relationship rendered carrying on the LLC's "business" impractical.

  • DPML Jamison Corner, LLC v. New Castle County

    Publication Date: 2024-06-25
    Practice Area: Corporate Entities
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: A. Kimberly Hoffman, R. Eric Hacker, Alena V. Smith, Morris James LLP, Wilmington, DE, attorneys for plaintiff.
    for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE, attorneys for defendant.
    Case Number: 2024-0403-KSJM

    Court allowed parties to enter a status quo order staying the proceedings where necessary to protect plaintiff's interest in mandamus proceeding to challenge expiration of land development plan.

  • BV Advisory Partners, LLC v. Quantum Computing Inc.

    Publication Date: 2024-06-11
    Practice Area: Corporate Entities
    Industry: Electronics | Investments and Investment Advisory | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for plaintiff.
    for defendant: Robert L. Burns, Kyle H. Lachmund, Craig K. Ferrere, Naseeba Saeed, Richards Layton & Finger, P.A., Wilmington, DE for defendant.
    Case Number: 2023-0768-SG

    Court declined to grant petition for appointment of receiver where petitioners potentially lacked standing and failed to demonstrate circumstances warranting a receivership.