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Publication Date: 2022-05-31
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Sykema Young, pro se appellant.
for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
Case Number: D69835
Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.
Publication Date: 2022-05-24
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
Case Number: D69829
Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.
Publication Date: 2022-05-10
Practice Area: Corporate Governance
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen E. Jenkins, Tiffany Geyer Lydon, Ashby & Geddes, P.A., Wilmington, DE; Gregory Mark Nespole, Daniel Tepper, Correy A. Kamin, Ryan C. Messina, Levi & Korsinsky, LLP, New York, NY for plaintiff.
for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Gary A. Orseck, Matthew M. Madden, Jason A. Shaffer, Kramer Levin Robbins Russell, Washington, D.C. for defendants.
Case Number: D69809
The court found that plaintiff's complaint that challenged equity grants made to directors would be reviewed under the entire fairness standard and withstood a motion to dismiss.
Publication Date: 2022-04-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Benjamin A. Schwartz, Schwartz and Schwartz, Dover, DE for plaintiff.
for defendant: Maria R. Granaudo Gesty, Burns White LLC, Wilmington DE for defendants.
Case Number: D69796
Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.
Publication Date: 2022-04-26
Practice Area: Insurance Litigation
Industry: Health Care | Insurance
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: Paul A. Bradley, Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE; Laura A. Cellucci, Joshua F. Kahn, Miles & Stockbridge P.C., Baltimore, MD; George M. Church, Cockeysville, MD; Meloney Perry, Perry Law P.C., Dallas, TX; for plaintiff.
for defendant: Richard H. Cross, Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for defendants.
Case Number: D69791
The court found the plaintiffs did not prove breach of contract or bad faith breach of contract because the contract was silent on the process to be used to evaluate claims of medical expense.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2022-04-12
Practice Area: Contractual Disputes
Industry: Health Care | Software
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Paul J. Lockwood, Ryan M. Lindsay, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; William E. Ridgway, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL; Peter B. Morrison, Zachary M. Faigen, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA for plaintiffs.
for defendant: Raymond J. DiCamillo, Richards, Layton & Finger, P.A., Wilmington, DE; Michael Rubin, Melanie Blunschi, Latham & Watkins LLP, San Francisco, CA; Serrin Turner, Latham & Watkins LLP, New York, NY for defendant.
Case Number: D69775
The court held plaintiffs' claims were subject to a forum selection clause for venue in three California counties.
Publication Date: 2022-04-05
Practice Area: Intellectual Property
Industry: Health Care | Software
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Trevor Q. Coddington, Insigne PC, Carlsbad, CA for plaintiff.
for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett M. Schuman, Rachel M. Walsh, Goodwin Procter LLP, San Francisco, CA for defendant.
Case Number: D69773
Court declined to dismiss patent infringement claim for invalidity based on the patent claiming ineligible subject matter, where a reading of the patent's claim language did not plainly reveal that the patent was merely directed towards an abstract idea.
Publication Date: 2022-04-05
Practice Area: Medical Malpractice
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Keyona McCreary, Wilmington, DE, pro se plaintiff.
for defendant: David C. Weiss, United States Attorney, Shamoor Anis, Assistant United States Attorney, Wilmington, DE for defendant.
Case Number: D69772
Filing deadlines for Federal Tort Claims Act claim were equitably tolled where plaintiff's counsel had failed to move for reconsideration of the denial of plaintiff's administrative tort claim or to inform plaintiff of the deadline for moving for reconsideration.
Publication Date: 2022-03-22
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
Case Number: D69756
Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.
Publication Date: 2022-03-22
Practice Area: Labor Law
Industry: Construction | Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellant;
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: D69757
Board correctly denied workers' compensation benefits for surgery performed by provider whose workers' compensation certification had lapsed at the time of the surgery and who had failed to obtain preauthorization for the treatment.
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