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Publication Date: 2019-10-02
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Michelle D. Allen and Caitlyn E. Quinn, Allen & Assoc., Wilmington, DE for plaintiff.
for defendant: Kristen S. Swift and Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for defendant.
Case Number: D68722
The court granted an employer's motion for summary judgment on two claims by a former employee, but it denied summary judgment on a federal discrimination claim because the employee provided sufficient circumstantial evidence that the employer terminated her for discriminatory reasons due to her age.
Publication Date: 2019-09-11
Practice Area: Corporate Entities
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE, Harold M. Walter and Angela D. Pallozzi, Offit Kurman, P.A., Baltimore, MD for plaintiffs.
for defendant: David L. Finger, Finger & Slanina, LLC, Wilmington, DE, for defendant.
Case Number: D68695
Parties' prior practice of signing draft transaction documents to acknowledge receipt overcame presumption that signature manifested intent to be contractually bound, such that plaintiffs failed to prove defendant's intent to be bound to agreements that provided choice of forum clause.
Publication Date: 2019-09-11
Practice Area: Contractual Disputes
Industry: Health Care | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr. and Aaron P. Sayers, Ashby & Geddes, Wilmington, DE; Rachel B. Cowen, Michael J. Sheehan and Emory D. Moore, Jr., McDermott Will & Emery, Chicago, IL; Christopher W. Cardwell, Gullet, Sanford, Robinson & Martin, Nash-ville, TN for plaintiff.
for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Micha Danzig, Eric J. Eastham and Paul M. Huston, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., San Diego, CA for defendant.
Case Number: D68699
Although the parties' employment contract contained a choice of law provision in favor of Delaware, another state's public policy disfavored restraints on trade, so that state had a materially greater interest than Delaware with respect to the contract's non-solicitation and non-compete provisions.
Publication Date: 2019-08-28
Practice Area: Labor Law
Industry: Accounting | Health Care | Insurance
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Thad. J. Bracegirdle and Julie M. O’Dell, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE, Jerome R. Bowen, Bowen Law Offices, Las Vegas, NV for plaintiff.
for defendant: Sean J. Bellew, Bellew, LLC, Wilmington, DE for defendants.
Case Number: D68678
Company could force former CEO to provide accounting of transactions with company owned by the CEO, but failed to make prima facie case to require CEO to undertake accounting of all other challenged transactions since many other company employees were authorized to make expenditures.
Publication Date: 2019-08-28
Practice Area: Administrative Law
Industry: Health Care | Non-Profit
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jennifer Gimler Brady and Jennier Penberthy Buckley, Potter Anderson & Corroon, LLP for Planned Parenthood of Delaware, Inc.
for defendant: Scott T. Earle and Zachary A. Silverstein, Zarwin Baum Devito Kaplan Schaer Toddy, P.C. for Yolanda Corbin. Daniel C. Mul-veny for the Unemployment Insurance Appeal Bd.
Case Number: D68681
An appeals board created an unfair process when it restricted arguments on appeal, unfairly benefitting one party and preju-dicing the other.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2019-08-21
Practice Area: Corporate Entities
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, and Thomas G. James, Weil, Gotshal & Manges, LLP, New York, NY for plaintiffs.
for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE for receiver.
Case Number: D67675
Judicial dissolution of limited partnership granted where principal manager demonstrated unwillingness or inability to operate business based on repeated refusals to work with court-appointed receiver or comply with court orders.
Publication Date: 2019-08-07
Practice Area: Mergers and Acquisitions
Industry: Health Care | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: John L. Reed, Matthew Denn and Peter H. Kyle, DLA Piper LLP (US), Wilmington, DE for plaintiff.
for defendant: Carl D. Neff and Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Matthew C. Baltay, Foley Hoag LLP, Boston, MA for defendant.
Case Number: D68657
Defendant adequately stated a counterclaim for indemnification based on breaches of representations and warranties, but the court dismissed a counterclaim for indemnification based on losses which had not yet been incurred.
Publication Date: 2019-07-31
Practice Area: Administrative Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jennifer G. Brady, Potter Anderson & Corroon LLP, Wilmington, DE for claimant.
for defendant: Daniel C. Mulveny, Delaware Department of Justice, Wilmington, DE for the Unemployment Insurance. Appeal Bd.
Case Number: D68652
The court reversed a decision by the Unemployment Insurance Appeal Board, because the evidence indicated the employee did not leave her job for good cause.
Publication Date: 2019-07-17
Practice Area: Insurance Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY; Jennifer C. Wasson and Carla M. Jones, Potter, Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
for defendant: John L. Reed, Matthew Denn, and Harrison S. Carpenter, DLA Piper LLP, Wilmington, DE, Robert S. Harrell, Mayer Brown LLP, Houston, TX for defendants.
Case Number: D68631
Defendants obligated to provide defense costs following state attorney general's issuance of a civil investigative demand to defendants' insured because the demand involved an investigation into Medicaid fraud and constituted a "demand for non-monetary relief" under the terms of defendants' policies.
Publication Date: 2019-05-15
Practice Area: Corporate Entities | Trusts and Estates
Industry: Health Care | Insurance
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: D68558
Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.
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