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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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Authors: Janet K. Colaneri
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Publication Date: 2021-11-23
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Eric Harris, Howard R. Young Correctional Institution, Wilmington, DE, pro se plaintiff.
for defendant: N/A
Case Number: D69619
Although inmate sufficiently pled a serious medical need and defendants' failure to provide care for that need, the court dismissed the complaint on screening when it was unclear as to whether the alleged wrongful conduct occurred within the statute of limitations.
Publication Date: 2021-10-13
Practice Area: Health Care Law
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE; Ralph C. Lorigo, Law Office of Ralph C. Lorigo, West Seneca, NY for plaintiff;
for defendant: John D. Balaguer, Stephen J. Milewski, Karine Sarkisian, White and Williams LLP, Wilmington, DE for defendant.
Case Number: D69569
Court declined to order injunctive relief directing health care provider to administer treatment that did not fall within the provider's accepted standard of care for treatment of a medical condition.
Publication Date: 2021-10-06
Practice Area: Contractual Disputes
Industry: Health Care | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Daniel E. Ross, Bradley R. Aronstam, Ross Aronstam & Moritz, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, Weil, Gotshal & Manges LLP, New York, NY for plaintiffs.
for defendant: Joseph H. Huston, Jr., Stevens & Lee P.C., Wilmington, DE; Robert K. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME for receiver. Ryan P. Newell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for nominal defendants.
Case Number: D69561
Claimant was entitled to indemnification of his litigation expenses, and the court granted his motion to intervene because he had a valid property interest which was not adequately protected by existing parties.
Publication Date: 2021-09-15
Practice Area: Contractual Disputes
Industry: Health Care | Manufacturing
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: D69539
The court rejected plaintiff's motion for a stay and granted defendant's motion to dismiss because plaintiff's lawsuit was based on contingent events and was not yet ripe for litigation.
Publication Date: 2021-08-25
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage | Health Care
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Richard L. Renck, Tracey E. Timlin, Duane Morris LLP, Wilmington, DE; Robert M. Castle, III, Randy D. Gordon, Duane Morris LLP, Dallas, TX for plaintiff.
for defendant: Kenneth J. Nachbar, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; R. Todd Cronan, Joseph P. Rockers, Goodwin Procter LLP, Boston, MA for defendants.
Case Number: D69511
Buyer could pursue fraud claims against seller of companies, even though the companies made the fraudulent misrepresentations, where an anti-reliance clause could not exculpate liability for intra-contractual fraud and where the seller was plausibly alleged to have known of the falsity of the contractual representations.
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