• Lopez v. Bamaca

    Publication Date: 2020-05-06
    Practice Area: Family Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Gary R. Spritz, Gary R. Spritz, Esq., Wilmington, DE for father.
    for defendant: Susan E. Morrison, Brandon J. Pakkebier and Daniel A. Taylor, Fish & Richardson P.C., Wilmington, DE for mother.

    Case Number: D68970

    Father established that he was exercising his custodial rights with respect to his minor daughter at the time mother removed the child to the United States. The court ordered mother to return the child to Mexico under the Child Abduction Remedies Act.

  • FP UC Holdings, LLC v. Hamilton

    Publication Date: 2020-04-15
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Gregory B. Williams and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Jeffrey J. Bushofsky and Timothy R. Farrell, Ropes & Gray LLP, Chicago, IL for plaintiffs.
    for defendant: Travis S. Hunter and Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Grant A. Wright and Max D. Wright, Wright Law, P.C., Tuscumbia, AL for defendants.

    Case Number: D68945

    The court denied plaintiffs' request for a preliminary injunction that would have shut down defendants' competing business, because plaintiffs failed to establish that they were likely to succeed on the merits.

  • Galderma Lab., L.P. v. Medinter US LLC

    Publication Date: 2020-03-25
    Practice Area: Patent Litigation
    Industry: Health Care | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Jack B. Blumenfeld and Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Joseph A. Mahoney, Mayer Brown LLP, Charlotte, NC; B. Clayton McCraw and Ying-Zi Yang, Mayer Brown LLP, New York, NY for plaintiffs.
    for defendant: Melanie K. Sharp, James L. Higgins and Michelle M. Ovanesian, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Steven Lieberman, Rachel M. Echols, Daniel R. McCallum and Nicole M. DeAbrantes, Rothwell, Figg, Ernst & Manbeck, P.C., Washington, DC for defendant.

    Case Number: D68922

    The court dismissed plaintiff's claim for direct patent infringement, but it denied the motion to dismiss as to the claim for indi-rect infringement.

  • Neurvana Med., LLC v. Balt USA, LLC

    Publication Date: 2020-03-11
    Practice Area: Corporate Governance
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Jason A. Cincilla, Amaryah K. Bocchino, Ryan W. Browning and Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE; John M. Pierce, Michael M. Pomerantz, Elizabeth C. DeGori and Matthew J. Kokot, Pierce Bainbridge Beck Price & Hecht LLP, New York, NY for plaintiff.
    for defendant: Lori W. Will, Phillip R. Sumpter, Daniyal M. Iqbal, Jeremy W. Gagas, Dylan J. Liddiard, Charles A. Talpas and Brian J. Levy, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE, Palo Alto, CA and New York, NY for defendants.

    Case Number: D68907

    The court denied a motion to dismiss regarding a director's pre-resignation conduct, but it dismissed the remainder of plain-tiff's contract and tort claims.

  • Claros Diagnostics, Inc. S'holders Representative Comm. v. OPKO Health, Inc.

    Publication Date: 2020-03-04
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Joanna J. Cline, Christopher B. Chuff, and Ellis E. Harrington, Pepper Hamilton LLP, Wilmington, DE; William W. Taylor and Jaclyn M. Essinger, Pepper Hamilton LLP, Boston, MA for plaintiff.
    for defendant: David J. Teklits and Alexandra M. Cummings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Kenneth A. Sweder and Brian M. Haney, Sweeder & Ross LLP, Boston, MA for defendant.

    Case Number: D68894

    Stale breach of representation and warranty claims could not be asserted as an equitable affirmative defense for recoupment where the underlying facts were too attenuated from the plaintiff's claims.

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  • Delaware Bd. of Med. Licensure & Discipline v. Grossinger

    Publication Date: 2020-01-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Patricia A. Davis and Zoe Plerhoples, Department of Justice, Wilmington, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C. Wilmington, DE; James J. Kutz, Harrisburg, PA for appellee.

    Case Number: D68848

    Reversal of disciplinary charges against physician overturned where state board not required to obtain expert testimony to establish standard of care under regulations, and where regulations were not vague as-applied since physician failed to make any effort at compliance.

  • McNeill v. Snow

    Publication Date: 2020-01-08
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Dale Kevin McNeill, pro se plaintiff.
    for defendant: Ryan Patrick Connell,Delaware Dep’t of Justice, Wilmington, DE for defendant Wesley. Dana Spring Monzo and Karine Sarkisian, White & Williams, Wilmington, DE for defendant Connections CSP Inc.

    Case Number: D68834

    An inmate failed to adequately state a claim for violations of his civil rights, because the record did not show any personal in-volvement by the warden or any unlawful policy by a health care provider.

  • Melendez v. Harper

    Publication Date: 2020-01-08
    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: Anibal Melendez, Smyrna, DE, pro se plaintiff.
    for defendant: Dana Spring Monzo, White & Williams, Wilmington, DE for defendant Mills.

    Case Number: D68835

    An inmate's complaint for civil rights violations failed to state any personal involvement on the part of one defendant, so the court dismissed that claim and allowed plaintiff to amend.

  • Channel Medsystems, Inc. v. Boston Scientific Corp.

    Publication Date: 2020-01-01
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Manufacturing
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; William M. Lafferty, Thomas W. Briggs, Jr., and Richard Li, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Andrew G. Gordon, Jaren Janghorbani, Paul A. Paterson, and Andrew J. Markquart, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY for plaintiff.
    for defendant: Karen L. Pascale, James M. Yoch, Jr., and Paul J. Loughman, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Matthew M. Wolf, Edward Han, Amy DeWitt, Tara Williamson, William Louden, and William Young, Jr., Arnold & Porter Kaye Scholer LLP, Washington, DC, for defendant.

    Case Number: D68822

    Acquiring company breached merger agreement by failing to use commercially reasonable efforts to close where inaccuracies in merger agreement representations did not constitute a materially adverse event for the target company.

  • Christiana Care Health Servs. Inc. v. Carter

    Publication Date: 2019-12-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Richard Galperin, Joshua H. Meyeroff, and Ryan T. Keating, Morris James LLP for appellant.
    for defendant: Leroy A. Tice, Leroy A. Tice, Esquire P.A. for appellees.

    Case Number: D68806

    Release of claims against agent that served to extinguish the agent's pro rata share of responsibility of the principal's damages effectively released the principal from a vicarious liability claim even when the principal was not party to the release.