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Publication Date: 2022-03-08
Practice Area: Bankruptcy
Industry: Health Care | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69737
The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted
Publication Date: 2022-03-01
Practice Area: Health Care Law
Industry: Federal Government | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, and Stephen K. Wirth, Arnold & Porter Kaye Scholer LLP, Washington, DC for plaintiff.
for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.
Case Number: D69731
Court overturned agency violation letter based on previously-withdrawn advisory opinion, such that the letter constituted shifting regulatory guidance and did not comply with rulemaking requirements under THE Administrative Procedure Act.
Publication Date: 2022-02-15
Practice Area: Health Care Law
Industry: Federal Government | Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: D69715
Kickback claims failed as a matter of law where relator could not plausibly allege a financial connection between prescribing healthcare providers and medical equipment suppliers.
Publication Date: 2022-02-08
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
Case Number: D69707
The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.
Publication Date: 2022-02-01
Practice Area: Wrongful Death
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Michael Patrick Minuti, McCann & Wall LLC, Wilmington, DE; Neil Raymond Lapinski, Phillip Anthony Giordano, Gordon, Fournaris & Mamivlarella, Wilmington, DE for plaintiffs.
for defendant: Stephen J. Milewski, Roopa Sabesan, White & Williams, Wilmington, DE for defendant.
Case Number: D69698
The court held that plaintiff's lawsuit which alleged wrongful death of nursing home residents who died from COVID-19 did not possess the prerequisites for federal jurisdiction and was not preempted by the federal statute called Public Readiness and Emergency Preparedness Act.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2021-12-28
Practice Area: Contractual Disputes
Industry: Health Care | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Bradley R. Aronstam, Roger S. Stronach, Ross, Aronstam & Moritz LLP, Wilmington, DE; Philippe Z. Selendy, Andrew R. Dunlap, Sean P. Baldwin, Joshua S. Margolin, Greg Wolfe, Vivek Tata, Selendy & Gay LLC, New York, NY; Martin S. Schenker, Jeffrey S. Karr, Cooley LLP, San Francisco, CA; Daniel J. Pohlman, Daniel P. Roy III, Cooley LLP, New York, NY for plaintiff.
for defendant: William M. Lafferty, Susan W. Waesco, Elizabeth A. Mullin, Morris, Nichols, Arsht, & Tunnel LLP, Wilmington, DE; Gary A. Bornstein, Damaris Hernández, LLP, New York, NY for defendants.
Case Number: D69655
The court denied defendants' motion to dismiss plaintiffs' claims of common law fraud, breach of implied covenant of good faith, entitlement to recission based upon mutual mistake, and unjust enrichment.
Publication Date: 2021-12-21
Practice Area: Contractual Disputes
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: David E. Wilks, Scott B. Czerwonka, Wilks Law, LLC, Wilmington, DE; Jordan E. Stern, William H. Newman, Becker, Glynn, Muffly, Chassin & Hosinski, LLP, New York, NY for plaintiff.
for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; David B. Anthony, Berger Harris LLP, Wilmington, DE; Beth A. Bryan, Taft Stettinius & Hollister, LLP, Cincinnati, OH for defendants.
Case Number: D69649
The court held that plaintiff's claims were not ripe or justiciable and its breach of representations claim failed to state a claim where plaintiff did not and could not plead damages.
Publication Date: 2021-12-21
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: David G. Culley, Tybout, Redfearn & Pell, Wilmington, DE for plaintiff;
for defendant: Brian M. Rostocki, Reed Smith LLP, Wilmington, DE for defendant.
Case Number: D69652
Product liability claim based on "indeterminate product test" dismissed where the test provided an evidentiary means of proving manufacturing defects but did not itself constitute a separate legal claim.
Publication Date: 2021-12-14
Practice Area: Contracts
Industry: Health Care | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Dominick T. Gattuso, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Anthony J. O’Malley, Rajeev K. Adlakha, Karey E. Werner, Vorys, Sater, Seymour and Pease LLP, Cleveland, OH for plaintiffs
for defendant: D. McKinley Measley, Sabrina M. Hendershot, Michael J. Slobom, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Britt K. Latham, Bass Berry & Sims PLC, Nashville, TN; Shayne R. Clinton, Bass Berry & Sims PLC, Knoxville, TN for defendants
Case Number: D69642
The court held that plaintiffs properly pled claims of both breach of contract and breach of the implied covenant of good faith and fair dealing; at the pleadings stage, plaintiffs were allowed to maintain both claims. Motion to dismiss denied.
Publication Date: 2021-12-14
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: David G. Culley, Tybout, Redfearn & Pell, Wilmington, DE for plaintiff
for defendant: Brian M. Rostocki, Reed Smith LLP, Wilmington, DE; J. David Bickham, Reed Smith LLP, San Francisco, CA; Michael K. Brown, Reed Smith LLP, Los Angeles, CA for defendants
Case Number: D69645
Motion to dismiss amended product liability claim involving medical device denied where the amended complaint asserted new facts further explaining the similarities between the product-in-suit and other products subject to consumer complaints and recalls.
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