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Publication Date: 2019-10-30
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni, Stanton, DE; Jeffrey Brinen, Kutner Brinen, P.C., Denver CO; Shanin Specter and Lee B. Balefsky, Kline & Specter, P.C., Philadelphia, PA for plaintiff.
for defendant: Brian M. Rostocki, Stephen J. McConnell and Justin M. Forcier, Reed Smith LLP, Wilmington, DE for defendants.
Case Number: D68753
Plaintiff had standing to file this products liability case even though she was a debtor in a Chapter 13 bankruptcy proceeding.
Publication Date: 2019-10-30
Practice Area: Employment Litigation
Industry: Health Care | Recruitment and Staffing
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr, Wilmington, DE for plaintiff.
for defendant: Alan D. Albert, O’Hagan Meyer PLLC, Wilmington, DE for defendant.
Case Number: D68757
An employer had the right to direct, control and supervise a doctor's work under the terms of an employment agreement.
Publication Date: 2019-10-23
Practice Area: Corporate Governance
Industry: Health Care | Investments and Investment Advisory | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Thad J. Bracegirdle, Scott B. Czerwonka, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE for plaintiffs.
for defendant: Bruce E. Jameson, Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; B. Russell Horton, Gary L. Lewis, George Brothers Kincaid & Horton LLP, Austin, TX for Pinto, Rivervest and Bay City Capital defendants. Brian C. Ralston, Jacqueline A. Rogers, Potter Anderson Corroon LLP, Wilmington, DE; Danny David, Rebeca Huddle, Baker Botts L.L.P., Houston, TX for defendants Terry and Walker.
Case Number: D68749
Plaintiffs failed to adequately allege the existence of a control group in this breach of fiduciary duty matter, so the chancery court properly dismissed the complaint. Affirmed.
Publication Date: 2019-10-09
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Stuart B. Drowos, Department of Justice, Wilmington, DE for state defendants.
for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston L.L.C., Wilmington, DE for Correctional Medical Services defendants. Karine Sarkisian, White and Williams, Wilmington, DE for defendants.
Case Number: D68729
Plaintiff did not file his motion for relief from a judgment within a reasonable time, and he failed to demonstrate that "newly discovered evidence" would have changed the outcome at trial, or that a grave miscarriage of justice occurred.
Publication Date: 2019-10-02
Practice Area: Corporate Entities
Industry: Health Care | Investments and Investment Advisory | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE; Joseph M. Donley, Peter Blume and Christopher M. Brubaker, Clark Hill PLC, Philadelphia, PA for plaintiffs.
for defendant: Travis S. Hunter, Tyler E. Cragg and Alexandra M. Ewing, Richards Layton & Finger, P.A., Wilmington, DE for defendants.
Case Number: D68721
Plaintiffs adequately alleged that defendants engaged in bad faith violations of the parties' redemption agreement, but the court dismissed the remainder of plaintiffs' claim.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
View this BookView more book results for the query "*"
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.
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