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  • Sun Life Assurance Co. of Canada v. Wilmington Savings Fund Soc'y

    Publication Date: 2020-01-01
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Financial Services and Banking | Insurance | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
    Case Number: D68826

    Due to a former client conflict and the appearance of impropriety, disqualification of plaintiff's counsel was necessary to ensure the fairness of the litigation process.

  • Carr v. Global Payments, Inc.

    Publication Date: 2019-12-25
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: A. Thompson Bayliss and Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Peter L. Welsh and Paul S. Kellogg, Ropes & Gray LLP, Boston, MA for plaintiff.
    for defendant: T. Brad Davey and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; David L. Feinberg and Fredric J. Bold, Jr., Bondurant Mixon & Elmore, LLP, Atlanta, GA for defendant.
    Case Number: D68815

    Former employer's amendment of breach of contract claim to remove all references to misuse of confidential information brought the claim outside the scope of the employer's indemnification obligations to its former employee for litigation that pertained to the employee's role as a director and officer.

  • Anthium, LLC v. Shelton

    Publication Date: 2019-12-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Catherine Di Lorenzo, Wilmington, DE for plaintiff.
    for defendant: Reginald L. Harris, self-represented litigant.
    Case Number: D68814

    Mortgagor's death did not trigger the eight-month statute of limitations under 12 Del C. §2012(a), such that the mortgage holder's action was not time-barred, but the mortgage holder was not entitled to summary judgment where it failed to show it provided notice and opportunity to cure default required under the mortgage.

  • J.P. Morgan Trust Co. of Delaware v. Fisher

    Publication Date: 2019-12-18
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking | Legal Services
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Richard L. Renck, Oderah C. Nwaeze and Jocelyn M. Borowsky, Duane Morris LLP, Wilmington, DE for petitioner.
    for defendant: Jeffrey S. Goddess, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Michael H. Friedman, Kurzman Eisenberg Corbin & Lever, LLP, White Plains, NY for respondent Hadley Fisher. Christopher P. Simon and Kevin S. Mann, Cross & Simon LLC, guardian ad litem for Michael Fisher.
    Case Number: D68810

    A trust beneficiary was entitled to the production of documents relating to a trustee's communications with counsel regarding trust administration.

  • Bank of America v. Brown

    Publication Date: 2019-10-23
    Practice Area: Occupational Safety and Health
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Paul V. Tatlow, Marshall, Dennehey, Warner, Coleman & Goggin for appellant.
    for defendant: Gary S. Nitsche and Katherine L. Hemming, Weik, Nitsche & Dougherty, LLL for appellee.
    Case Number: D68745

    The Industrial Accident Board failed to make findings that a worker's job duties were the substantial cause of her injuries.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Dhade v. Huntington Learning Ctrs., Inc.

    Publication Date: 2019-10-23
    Practice Area: Class Actions
    Industry: Financial Services and Banking | Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Cahall, McCormick & Priore, P.C., Wilmington, DE; Cary Ichter and William Daniel Davis, Ichter Davis LLC, Atlanta, GA for plaintiff.
    for defendant: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Scott McIntosh, Quarles & Brady LLP, Washing-ton, DC for defendants.
    Case Number: D68747

    A prospective applicant for credit lacked standing to assert a claim under the Equal Credit Opportunity Act, so the court dis-missed the complaint with prejudice.

  • Auto Equity Loans of Delaware, LLC v. Shapiro

    Publication Date: 2019-09-18
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Douglas D. Herrmann, Richard J. Zack, Alexander L. Harris, and Brian M. Nichilo, Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for plaintiff.
    for defendant: Jessica S. Davis, Senior Deputy Attorney General, and Keli M. Neary, Chief Deputy Attorney General, Office of Attorney General, Harrisburg, PA for defendant.
    Case Number: D68703

    Delaware loan originator's action challenging investigation efforts by Pennsylvania Attorney General transferred to Middle District of Pennsylvania where the claims arose there, potential witnesses were located there, and courts would be more familiar with state law issues.

  • Franklin v. Navient Corp.

    Publication Date: 2019-09-18
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ricky R. Franklin, pro se plaintiff.
    for defendant: Joelle Eileen Polesky of Stradley Ronon Stevens & Young, LLP for defendants.
    Case Number: D68705

    The court granted summary judgment in favor of defendants regarding this student loan collection matter, except for a limited issue about plaintiff's revocation of consent to receive automated calls on his cellular phone.

  • Urdan v. WR Capital Partners, LLC

    Publication Date: 2019-09-04
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Elena C. Norman, Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Louis R. Miller, Daniel S. Mil-ler and Jeffery B. White, Miller Barondess, LLP, Los Angeles, CA for plaintiffs.
    for defendant: Kenneth J. Nachbar and Alexandra M. Cumings, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for defendants.
    Case Number: D68693

    A release provision in a settlement agreement was not effective to preserve plaintiffs' rights to pursue derivative or direct claims, because they had already sold their shares pursuant to separate repurchase agreements.

  • Windy City Inv. Holdings, LLC v. Teachers Ins. & Annuity Ass'n of Am.

    Publication Date: 2019-08-07
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: David E. Ross and Eric D. Selden, Ross, Aronstam & Moritz LLP, Wilmington, DE; K. Winn Allen, Kasdin M. Mitchell, Holly R. Trogdon and Rebecca W. Forrestal, Kirkland & Ellis LLP, Washington, DC for plaintiff.
    for defendant: Michael A. Pittenger, Jennifer C. Wasson and Tyler J. Leavengood, Potter Anderson & Corroon LLP, Wilmington, DE; Mary Eaton, Zeh Ekono and Le-Ahn Bui, Wilkie Farr & Gallagher LLP, New York, NY for defendant.
    Case Number: D68661

    Plaintiff adequately stated its claims for declaratory relief as to an earn-out provision in the parties' contract, and plaintiff was entitled to specific performance of a clause allowing access to books and records.