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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.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
View this BookView more book results for the query "*"
Publication Date: 2021-07-28
Practice Area: Corporate Governance
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Theodore A. Kittila, James G. McMillan, III, William E. Green, Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
for defendant: Stephen B. Brauerman, Sarah T. Andrade, Bayard, P.A., Wilmington, DE for defendants.
Case Number: D69483
A company adequately alleged claims for unjust enrichment and breach of fiduciary duty against former di-rectors who obtained a derivative award in favor of the company, but then failed to turn over the funds.
Publication Date: 2021-07-28
Practice Area: Contracts
Industry: Health Care | Insurance | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: John L. Reed, Matthew Denn, DLA Piper LLP (US), Wilmington, DE; Ardith Bronson, Maia Sevilla-Sharon, DLA Piper LLP (US), Miami, FL for plaintiff.
for defendant: Raymond W. Cobb, Law Offices of Raymond W. Cobb, LLC (formerly with O’Hagan Meyer LLP), Wilmington, DE; Kevin F. Berry, O’Hagan Meyer LLP, Philadelphia, PA for defendants.
Case Number: D69479
Failure to disclose the existence of adverse litigation was sufficient to support a claim of fraudulent inducement of joint venture agreement.
Publication Date: 2021-07-07
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Chancellor Wallace
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Anthony J. Rospert, Thomas M. Ritzert, Thompson Hine LLP, Cleveland, OH; Heather M. Hawkins, Thompson Hine LLP, Cincinnati, OH for plaintiff.
for defendant: Peter B. Ladig, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Jordan D. Weiss, Allison R. Klein, Goodwin Procter LLP, New York, NY for defendant.
Case Number: D69454
Breach of earnout payment contractual provision counterclaim was dismissed where contract required arbitration of disputes over calculation and payment, which claims of diversion of funds to avoid triggering payment obligations fell under.
Publication Date: 2021-07-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Joshua H. Meyeroff, Morris James LLP, Wilmington, DE for defendant.
Case Number: D69460
The court granted some of plaintiff's motions in limine in this medical negligence case, but denied other motions to exclude testimony.
Publication Date: 2021-06-30
Practice Area: Health Care Law
Industry: Federal Government | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, Stephen K. Wirth, Arnold & Porter Kay 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: D69446
U.S. Department of Health and Human Service's guidance regarding the 340B drug program violated the Administrative Procedure Act due to lack of notice-and-comment where guidance materially altered obligations of drugmakers under the 340B program and constituted a final agency decision.
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