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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.
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.
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.
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.
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.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2019-12-11
Practice Area: Intellectual Property
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Karen L. Pascale and Pilar G. Kraman, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Matthew M. Wolf, Edward Han, Marc A. Cohn, Amy DeWitt, Krista M. Carter and Thomas T. Carmack, Arnold & Porter Kaye Scholer LLP, Washington DC and Palo Alto, CA for plaintiffs.
for defendant: Rodger D. Smith and Michael J. Flynn, Morris Nichols, Arsht & Tunnel LLP, Wilmington, DE; Bradford J. Badke, Ching-Lee Fukuda, Ketan V. Patel, Thomas A. Broughan III, Sharon Lee and Benjamin H. Huh, Sidley Austin LLP, New York, NY and Washington, DC for defendant.
Case Number: D68801
The court granted a motion to dismiss plaintiff's claim for tortious interference with contract and all but one of its patent in-fringement claims.
Publication Date: 2019-12-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Stacia Vick and Chadwick Vick, pro se plaintiffs.
for defendant: Thomas J. Marcoz, Jr. and Catherine M. Cramer, Marshall, Dennehey, Warner, Coleman & Goggin for defendants.
Case Number: D68797
The court granted a motion in limine to preclude unsupported expert testimony regarding causation, but it denied other motions in limine, and deferred a ruling regarding the spousal privilege.
Publication Date: 2019-11-27
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: Matthew G. Summers, Brittany M. Giusini and William J. Burton, Ballard Spahr LLP, Wilmington, DE for plaintiff.
for defendant: Adria B. Martinelli and Allison J. McCowan, Delaware Dep’t of Justice, Wilmington, DE for defendants.
Case Number: D68787
The court allowed plaintiff to file a third amended complaint beyond the time allowed under the scheduling order, but only to the extent that plaintiff was able to allege specific facts relating to the involvement of an additional defendant.
Publication Date: 2019-11-13
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Bradley R. Aronstam and Roger S. Stronach, Ross Aronstam & Moritz LLP, Wilmington, DE; Martin S. Schenker, Matthew D. Caplan and Kristine A. Forderer, Cooley LLP, San Francisco, CA; Michael A. Barlow and Daniel J. McBride, Abrams & Bay-liss LLP, Wilmington, DE
for defendant: David W. Haller of Covington & Burling LLP, New York, NY for defendant.
Case Number: D68769
Plaintiff adequately stated a claim for breach of a merger agreement based on defendant's failure to make a milestone pay-ment and to use commercially reasonable efforts to obtain approval for a medical device.
Publication Date: 2019-10-30
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 plaintiffs.
for defendant: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; J. David Bickham, Reed Smith LLP, San Francisco, CA; Lisa M. Baird, Reed Smith LLP, Miami, FL; and Michael K. Brown, Reed Smith LLP, Los Angeles, CA for defendants.
Case Number: D68751
Products liability claims not dismissed where defendants failed to raise arguments in favor of dismissal in defendants' motion to dismiss plaintiffs' prior version of their complaint containing similar or identical claims.
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