• In re ExamWorks Group, Inc.

    Publication Date: 2018-03-07
    Practice Area: Discovery | Mergers and Acquisitions
    Industry: Consulting | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Stuart M. Grant, Michael J. Barry, Jeff A. Almeida, Kimberly A. Evans, Rebecca Musarra, Vincent R. Cappucci and Jordan A. Cortez for petitioners
    for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Ryan P. Durkin, Michele D. Johnson and Kristin N. Murphy for respondent.

    Case Number: D68068

    Parties who provided late discovery without adequate explanation engaged in discovery abuse.

  • Hannan v. Delaware Bd. of Med. Licensure and Discipline

    Publication Date: 2018-03-07
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Parkins
    Attorneys: For plaintiff: Daniel A. Griffith for appellant
    for defendant: Stacey X. Stewart for appellee.

    Case Number: D68066

    A physician whose license had been revoked had little chance of success on the merits, and a stay would have prevented authorities in another state from learning of issues that could have affected the health and safety of the physicians patients in that state.

  • Cumming v. Edens

    Publication Date: 2018-03-07
    Practice Area: Corporate Governance | Mergers and Acquisitions
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Jeffrey Gorris, Christopher Foulds, and Christopher Quinn, Friedlander & Gorris P.A., Wilmington, DE; David Wales, David MacIssac, and John Vielandi, Bernstein Litowtiz Berger & Grossman LLP, New York, NY; Adam Warden, Saxena White P.A., Boca Raton, FL; Steven B. Singer and Joshua H. Saltzman, Saxena White P.A., White Plains, NY; J. Elazar Fruchter, Wohl & Fruchter LLP, New York, NY, attorneys for plaintiff
    for defendant: Robert S. Saunders, Ronald N. Brown, III, Sarah R. Martin, and Elisa M.C. Klein, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D68064

    Derivative complaint not dismissed where plaintiff pled facts of directors conflicts of interest with corporation on the other side of the challenged transaction supporting a reasonable doubt as to whether board was disinterested or independent, which constituted a non-exculpated claim.

  • Broughton v. Wong

    Publication Date: 2018-02-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Ben T. Castle and Bruce L. Hudson for plaintiffs
    for defendant: Richard Galperin and Joshua H. Meyeroff for defendants.

    Case Number: D68057

    Defendants in medical malpractice case did not demonstrate that testimony by plaintiffs expert as to the standard of care was improper, or that the court incorrectly admitted statistical evidence.

  • Ansell Healthcare Prod. LLC v. Reckitt Benckiser LLC

    Publication Date: 2018-02-14
    Practice Area: Patent Litigation
    Industry: Consumer Products | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Colm F. Connolly, David W. Marston, Jr., Jody C. Barillare, and John V. Goodman, Morgan Lewis & Bockius LLP, Wimington, DE; Thomas B. Kenworthy and Julie S. Goldemberg, Morgan Lewis & Bockius LLP, Philadelphia, PA; Raymond R. Moser, Jr., Moser Taboada, Shrewsbury, NJ, attorneys for plaintiff
    for defendant: Adam W. Poff and Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilimington, DE; Douglas J. Nash, John D. Cook, Kathryn D. Cornish, Barclay Damon, LLP, Syracuse, NY, attorneys for defendant.

    Case Number: D68038

    Willful infringement and enhanced damages claim denied where defendants willful blindness to its products possible infringement of plaintiffs patents was at most a substitute for knowledge and did not constitute sufficient egregious behavior to support enhanced damages.

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  • Harris v. Boston Scientific Corp.

    Publication Date: 2018-01-17
    Practice Area: Products Liability
    Industry: Biotechnology | Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
    for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.

    Case Number: D68007

    Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.

  • Sarissa Capital Domestic Fund LP v. Innoviva, Inc.

    Publication Date: 2017-12-27
    Practice Area: Contracts | Corporate Governance
    Industry: Consulting | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Stephen E. Jenkins, Richard D. Heins, Peter H. Kyle, Martin L. Seidel and Sameer Advani for plaintiffs
    for defendant: Robert S. Saunders, Sarah Runnells Martin, Alyssa S. O'Connell and Matthew P. Majarian for defendant.

    Case Number: D67989

    Defendants agent had actual or apparent authority to bind defendant to an oral settlement agreement.

  • U.S. v. Medco Health Solutions, Inc.

    Publication Date: 2017-12-06
    Practice Area: Business Torts | Government
    Industry: Federal Government | Health Care | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Goddess, P. Bradford deLeeuw and David S. Stone for plaintiffs
    for defendant: Jack B. Blumenfeld, Rodger D. Smith II, Enu Mainigi, Craig D. Singer, Holly Conley and D. Keith Clouser for defendants.

    Case Number: D67963

    The public information bar precluded a relators claim regarding fraudulent conduct under the False Claims Act. Motion to dismiss granted, with prejudice.

  • In re Physiotherapy Holdings, Inc.

    Publication Date: 2017-11-22
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A

    Case Number: D67945

    A litigation trust failed to demonstrate good cause in support of its motion to amend to name additional de-fendants, and the applicable fraudulent transfer law did not permit punitive damages. Motion to amend denied.

  • Simmons v. Farmer

    Publication Date: 2017-11-22
    Practice Area: Damages
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy G. Willard for plaintiffs
    for defendant: Maria J. Poehner for defendants.

    Case Number: D67949

    Owners of a dog were not entitled to consequential damages in a claim for negligent veterinary care, but fac-tual issues existed as to the fair market value of the dog prior to surgery.