• In re Abeinsa Holdings, Inc.

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Denhey, Andrew R. Remming, Matthew 0. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; David Dunn, Allison Wuertz, Hogan Lovells US LLP, New York, NY for appellant.
    for defendant: Brian A. Sullivan, Werb & Sullivan, Wilmington, DE; Don Fogel, Fogel & McEvily, LLC, Houston, TX for appellee.

    Case Number: 22-1371-CFC

    Bankruptcy court correctly dismissed statutory disgorgement and turnover claims against assignee of unlicensed contractor who held invoices owed by debtor, where California's statutory provision authorizing recovery of sums paid to unlicensed contractor did not extent to other parties.

  • Jaroslawicz v. M&T Bank Corp.

    Publication Date: 2023-09-11
    Practice Area: Securities Litigation
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallach
    Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
    for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Jonathan A. Choa, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.

    Case Number: 15-00897-EJW

    Court declined to exclude expert report in support of class certification where unreliability of trading model was not fatal to the reliability and admissibility of the report's event study, but plaintiffs' theories of damages in their expert report did not encompass some damages experienced by certain sophisticated investors.

  • REO Trust 2017-RPL1 v. Short Sale, LLC

    Publication Date: 2023-08-14
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Janet Charlton, Michael Pak, McCabe, Weisberg & Conway, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville DE for defendant.

    Case Number: N20L-10-029 DJB

    Although mortgagor should have been noticed in second foreclosure action filed against purchaser at first sheriff's sale, the mortgagor's failure to participate in prior foreclosure action and purchaser being placed on constructive notice of potential mortgage liens on the property meant no interested party was prejudiced by the defect.

  • CCSB Fin. Corp. v. Totta

    Publication Date: 2023-07-31
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Seitz
    Attorneys: For plaintiff: Kevin J. Connors, Aaron E. Moore, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Michael H. McGinley, Rick S. Horvath, Stuart T. Steinberg, Dechert LLP, Philadelphia, PA; Brett A. Scher, Patrick M. Kennell, Kaufman Dolowich & Voluck, LLP, New York, NY for appellant.
    for defendant: Kevin H. Davenport, Eric J. Juray, John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE for appellees.

    Case Number: 2021-0173

    Chancery court correctly disregarded corporate charter provision deeming board action "conclusive and binding" where the provision had the effect of exculpating directors from liability for breaching their duty of loyalty to the corporation.

  • In re: Delloso

    Publication Date: 2023-07-24
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff: Matthew Beebe, Meluney Alleman & Spence, Lewes, DE; James M. Sullivan, Windels Marx Lane & Mittendorf, New York, NY for appellant.
    for defendant: Kasey H. DeSantis, Neal J. Levitsky, Fox Rothschild, Wilmington, DE for appellee.

    Case Number: 22-2532

    Bankruptcy court correctly denied untimely motion to reopen bankruptcy case to file complaint challenging the dischargeability of debt on grounds of fraudulent transfer where the rules provided inflexible deadlines for the motion due to the limited exceptions under which bankruptcy courts could enlarge the time to file.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • In Re: Main Street Business Funding, LLC

    Publication Date: 2023-07-24
    Practice Area: Commercial Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Ryan M. Ernst, David M. Klauder, Bielli & Klauder, LLC, Wilmington, DE for appellant.
    for defendant: Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE for appellee.

    Case Number: 19-10598 (BLS)

    Finding that appellant creditor's claims sounded in tort rather than contract, the court determined that Pennsylvania's Uniform Commercial Code applied and required that for commercial tort claims, in order to be enforceable, a security agreement must provide a specific description of the collateral.

  • In re: Essar Steel Minnesota, LLC

    Publication Date: 2023-07-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Mining and Resources
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16-11626 (CTG)

    Confirmed reorganization plan potentially barred claims by financial advisor against reorganized debtor when those claims arose between the petition date and effective date and acquirer of reorganized debtor could not bind it to discharged claims.

  • Eley v. PNC Bank Branch of Lewes DE

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
    for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.

    Case Number: S23C-04-003 CAK

    Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.

  • Intrepid Inv., LLC v. London Bay Capital, LLC

    Publication Date: 2023-07-03
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Cook
    Attorneys: For plaintiff: C. Barr Flinn, James M. Yoch, Jr., M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Brock E. Czeschin, Angela Lam, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Patricia L. Enerio, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; John M. Lundin, Niall D. Ó Murchadha, Cynthia L. Botello, Lundin PLLC, New York, NY; John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.

    Case Number: 12077-NAC

    Adverse judgment in related action between the parties did not compel dismissal of plaintiff's aiding and abetting breach of fiduciary duty and unjust enrichment claims where those claims went beyond the scope of the intercreditor agreement that another state's court concluded precluded plaintiff from recovering for default on its note.

  • In re: Live Well Fin., Inc.

    Publication Date: 2023-06-27
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Silverstein
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-11317 (LSS)

    Unlawful stock repurchase and constructive fraudulent conveyance claims against former director failed where plaintiff had failed to plead sufficient facts demonstrating that it should have been clear to the director that the company was insolvent and therefore approving stock repurchases and director fees was unsupported by the company's impaired capital.