Another Loaded Batch of Litigator of the Week Runners-Up and Shout-Outs
Lawyers at Selendy Gay landed what appears to be the largest damages award ever in an earnout dispute in Delaware. David Sanford of Sanford Heisler Sharp secured a win for the family of murder victim Hae Min Lee at the Maryland Supreme Court.
September 06, 2024 at 07:25 AM
7 minute read
First up this week are Philippe Selendy, Jennifer Selendy, Sean Baldwin and their team at Selendy Gay, who landed what appears to be the largest damages award in an earnout dispute in Delaware history for their clients, former investors in Auris Health Inc. Vice Chancellor Lori Will found that Johnson & Johnson owes more than $1 billion in damages and interest after it failed to honor its agreement to make "commercially reasonable efforts" to help Auris' surgical robot iPlatform meet certain milestones after a 2019 acquisition. "J&J's promise to Auris was broken almost immediately after closing," Will wrote. "Instead of providing efforts and resources to achieve the regulatory milestones, J&J thrust iPlatform into a head-to-head faceoff against [its own robot] Verb called 'Project Manhattan.'" The team representing the former Auris stockholders also included Selendy Gay partner Oscar Shine and associates Meredith Nelson, Julie Singer and Jeff Zalesin, as well as Bradley Aronstam and Roger Stronach of Ross Aronstam & Moritz.
David Sanford of Sanford Heisler Sharp secured a win for the family of murder victim Hae Min Lee last week at the Maryland Supreme Court. The state's high court held the family had "rights to be heard" on the motion that freed Adnan Syed in the case that received widespread attention via the "Serial" podcast. In a 4-3 decision, the court held the trial court violated the rights of Lee's brother, Young Lee, to be notified of the hearing and attend it in person. "In an effort to remedy what they perceived to be an injustice to Mr. Syed, the prosecutor and the circuit court worked an injustice against Mr. Lee by failing to treat him with dignity, respect, and sensitivity and, in particular, by violating Mr. Lee's rights as a crime victim's representative to reasonable notice of the Vacatur Hearing, the right to attend the hearing in person, and the right to be heard on the merits of the Vacatur Motion," wrote Justice Jonathan Biran.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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