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Publication Date: 2020-04-15
Practice Area: Employment Litigation
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Gregory B. Williams and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Jeffrey J. Bushofsky and Timothy R. Farrell, Ropes & Gray LLP, Chicago, IL for plaintiffs.
for defendant: Travis S. Hunter and Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Grant A. Wright and Max D. Wright, Wright Law, P.C., Tuscumbia, AL for defendants.
Case Number: D68945
The court denied plaintiffs' request for a preliminary injunction that would have shut down defendants' competing business, because plaintiffs failed to establish that they were likely to succeed on the merits.
Publication Date: 2020-04-15
Practice Area: Corporate Governance
Industry: Consumer Products
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Brian J. Robbins, Stephen J. Oddo and Steven R. Wedeking, Rob-bins Arroyo LLP, San Diego, CA for plaintiff.
for defendant: Bradley R. Aronstam and Roger S. Stronach, Ross Aronstam & Moritz LLP, Wilmington, DE; Joseph S. Allerhand, Stephen A. Radin and Thomas G. James, Weil, Gotshal & Manges LLP, New York, NY for individual defendants and nominal corporate defendant.
Case Number: D68947
In this derivative action, plaintiff failed to demonstrate demand futility, so the court granted defendants' motion to dismiss the complaint in its entirety.
Publication Date: 2020-04-15
Practice Area: Corporate Entities
Industry: Chemicals and Materials | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Joel Friedlander, Jeffrey Gorris, Christopher Foulds, and Christopher P. Quinn, Friedlander & Gorris P.A., Wilmington, DE; William Savitt, Wachtell, Lipton, Rosen & Katz, New York, NY for plaintiff.
for defendant: Robert S. Saunders, Jennifer C. Voss, Arthur R. Bookout, and Jessica R. Kunz, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendants.
Case Number: D68944
Complaint dismissed where parties had agreed to arbitration clause that included broad delegation provision, which was not void or unconscionable simply because parent corporation had dictated terms to subsidiary.
Publication Date: 2020-04-15
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Neil R. Lapinski and Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiffs.
for defendant: Jason C. Powell, The Powell Firm, LLC, Wilmington, DE for defendant.
Case Number: D68946
Decedent's daughters did not exercise undue influence with respect to his burial plans and beneficiary changes on his insurance policies. The court denied a request to have decedent's body disinterred.
Publication Date: 2020-04-15
Practice Area: Corporate Governance
Industry: Food and Beverage | Investments and Investment Advisory
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Peter J. Walsh, Jr. and Jacqueline A. Rogers, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
for defendant: Daniel A. Dreisbach, Richard P. Rollo, and Angela Lam, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
Case Number: D68943
Shareholder derivative complaint dismissed where directors reasonably exercised business judgment to decline to issue dividends and on other issues, such that directors faced no substantial risk of personal liability and could have impartially considered litigation demand.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.
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Publication Date: 2020-04-08
Practice Area: Contractual Disputes
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Joseph Andrews, Law Office of Joseph Andrews, Dover, DE; Joseph K. Jones and Anand A. Kapasi, Jones, Wolf & Kapasi, LLC, New York, NY for plaintiffs.
for defendant: S. Mark Hurd, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Antony S. Burt and Jin Yan, Schiff Hardin LLP, Chicago, IL for defendants.
Case Number: D68940
An LLC buyout provision was a form of option contract, so the court denied defendant's motion to dismiss plaintiffs' breach of contract claim.
Publication Date: 2020-04-08
Practice Area: Discovery
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr. and Marie M. Degnan, Ashby & Geddes, Wilmington, DE; John P. Coffey, Gregory A. Horowitz and Anna K. Ostrom, Kramer Levin Naftalis & Frankel, New York, NY for plaintiff.
for defendant: Elizabeth A. Sloan and Brittany M. Giusini of Ballard Spahr LLP, Wilmington, DE; Michael C. Miller, Evan Glassman, Michael G. Scavelli, Steptoe & Johnson LLP, New York, NY; Mark Murphy, Steptoe & Johnson LLP, Washington, DC for defendant Block. Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Allan J. Arffa, Gregory F. Laufer and Jeremy A. Benjamin, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY for remaining defendants.
Case Number: D68939
Communications between plaintiff's counsel and a third party were subject to the attorney-client privilege based on the com-mon interest doctrine. Motion to compel denied.
Publication Date: 2020-04-08
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE; Michael C. Manning, Jeffrey J. Goulder, Stefan M. Palys, and Christy M. Milliken, Stinson Leonard Street LLP, Phoenix, AZ for plaintiff.
for defendant: Jon E. Abramczyk, William M. Lafferty, and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Portnoy, Julia Kiechel, M. Nicholas Sage, and Caroline Stern, Davis Polk & Wardwell LLP, New York, NY for defendants.
Case Number: D68934
Securities fraud claim dismissed pursuant to the statute of limitations, where court applied Delaware's shorter limitations period, where plaintiff was not forced to file in Delaware pursuant to an agreed-upon forum selection clause.
Publication Date: 2020-04-01
Practice Area: Corporate Governance
Industry: Consulting
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Martin S. Lessner and Alberto E. Chávez, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; Steven J. Cohen and Stella L. Sainty, Watchel Missry LLP, New York, NY for plaintiff.
for defendant: Raymond J. DiCamillo, Brock E. Czeschin, and Megan E. O’Connor, Richards, Layton & Finger, P.A., Wilmington, DE; Mariam W. Tadros and Roya Vasseghi, Rees Broome, PC, Tysons Corner, VA; Kellie Budd, Doumar Martin, PLLC, Arlington, VA for defendants.
Case Number: D68926
Claims that arose from defendant's alleged breach of an LLC operating agreement were subject to the agreement's arbitration provision that required arbitration of all disputes among members relating to or arising from the operating agreement.
Publication Date: 2020-04-01
Practice Area: Corporate Entities
Industry: Energy
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Francis G.X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael G. Platner, John S. Poulos and Vincent F. Alexander, Lewis Brisbois Bisgaard & Smith LLP, Fort Lauderdale, FL for plaintiff.
for defendant: Andrew D. Cordo, Shannon E. German, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE ; Mat-thew A. Feldman, Todd G. Cosenza, Charles D. Cording, Willkie Farr & Gallagher LLP, New York, NY for defendant.
Case Number: D68931
An entity that had only an indirect equity interest in a limited liability company did not qualify to seek statutory dissolution of the LLC because it was neither a member nor a manager, and it was not entitled to dissolve the company as a matter of equity. Motion to dismiss granted.
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