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Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Distribution and Wholesale | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kevin Scott Mann, Cross & Simon, LLC, Wilmington, DE; David B. Gordon, Tiana A. Bey, Mitchell Silberberg & Knupp LLP, New York, NY for plaintiff.
for defendant: Alessandra Glorioso, Angela E. Dralle, William J. Miller, Dorsey & Whitney LLP, Wilmington, DE for defendant.
Case Number: 21-cv-353-SB
Parties' "promissory note" functioned like an earnout contract, subjecting plaintiff's claims to the three-year statute of limitations for contract claims rather than the six-year limitations period.
Publication Date: 2023-04-25
Practice Area: Medical Malpractice
Industry: Health Care | Recruitment and Staffing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.
Case Number: K21C-02-029-JJC
Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.
Publication Date: 2023-03-28
Practice Area: Patent Litigation
Industry: Biotechnology | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Regina S.E. Murphy, Barnes & Thornburg, LLP, Wilmington, DE; D . Clay Holloway, Mitchell Stockwell, Courtney S. Dabbiere, Kilpatrick Townsend & Stockton, LLP, Atlanta, GA; Dario A. Machleidt, Christopher P. Damitio, Kathleen R.Geyer, Kilpatrick Townsend & Stockton, LLP, Seattle, WA; Taylor J. Pfingst, Kilpatrick Townsend & Stockton, LLP, Los Angeles, CA; Andrew W. Rinehart, Kilpatrick Townsend & Stockton, LLP, Winston-Salem, NC for plaintiff.
for defendant: Jeremy Tigan, Brian P. Egan, Cameron P. Clark, Morris Nichols Arsht & Tunnell, LLP, Wilmington, DE; Jonathan G. Graves, Joseph E. Van Tassel, Cooley LLP, Reston, VA; Adam M. Pivovar, Cooley, LLP, Washington, DC; Alissa M. Wood, Cooley LLP, Palo Alto, CA; Chad T. Nitta, Jason S. Jackson, Heather N Tilley, Kutak Rock, LLP, Denver, CO for defendants.
Case Number: D70177
The court conducted a detailed analysis of claim construction terms in a patent litigation matter concerning spinal surgeries and deformities.
Publication Date: 2023-03-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Bruce L. Hudson, Joshua J. Inkell, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
for defendant: Bradley J. Gowert, Thomas J. Marcoz, Jr., Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; David Batten, Batten Lee, Raleigh, NC; John D. Balaguer, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
Case Number: N19C-08-135 AML
Court excluded medical expert's causation opinion for lack of supporting scientific authority and due to the expert's failure to rule out other common causes of plaintiff's injury.
Publication Date: 2023-02-28
Practice Area: Labor Law
Industry: Health Care | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1222-RGA
Discrimination claims failed due to lack of evidence that discriminatory animus motivated adverse employment decisions or lack of adequate comparators, where employer had performance-related reasons for its decision.
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Publication Date: 2023-02-21
Practice Area: Corporate Entities
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: 2020-1004-SG
Parties had reached valid and enforceable contract where plaintiff met his performance obligation under the contract and his request for ancillary documents was not material to the parties' agreement as plaintiff continued to perform.
Publication Date: 2023-02-07
Practice Area: Wrongful Death
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Michael P. Minuti, McCan Dillon Jaffe & Lamb, LLC, Wilmington, DE for plaintiffs.
for defendant: Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendant.
Case Number: N21C-03-233 CEB
Public Readiness and Emergency Preparedness Act of 2005 did not afford immunity to nursing homes for residents' COVID-19 deaths allegedly caused by negligent infection control procedures.
Publication Date: 2023-01-31
Practice Area: Labor Law
Industry: Health Care | Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Richard T. Wilson, Joe Klusman, Legal Services Corporation of Delaware, Inc., Wilmington, DE for appellant.
for defendant: Victoria Counihan, Deputy Attorney General, Victoria Goff, Assistant Attorney General, Department of Justice, Wilmington, DE; Ingleside Homes, Inc. Wilmington, DE for appellees.
Case Number: N22A-09-002 FWW
Employer's failure to appear before the Unemployment Insurance Appeal Board or to obtain legal counsel required reversal of decision affirming appeal referee's determination that employee was discharged for good cause and thereby disqualified from unemployment compensation benefits.
Publication Date: 2023-01-24
Practice Area: Insurance Law
Industry: Consulting | Insurance | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Brett D. Fallon, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Warren E. Gluck, Richard A. Bixter, Jr., Holland & Knight LLP, New York, NY for plaintiffs.
for defendant: R. Craig Martin, Amy Evans, DLA Piper LLP (US), Wilmington, DE; Ellen E. Dew, DLA Piper LLP (US), Baltimore, MD; Aidan M. McCormack, R. Brian Seibert, Steven M. Rosato, DLA Piper LLP (US), New York, NY for defendants.
Case Number: 2019-0431-JTL
Litigation against distressed insurer stayed in favor of ongoing rehabilitation proceedings in another state, but basis for stay did not apply to insurer's separate, wholly-owned management consultant company.
Publication Date: 2023-01-24
Practice Area: Bankruptcy
Industry: Health Care | Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-10766 (BLS)
Court dismissed adversary complaint seeking to revoke plan of reorganization where plaintiff was an unimpaired general unsecured creditor who was not entitled to vote on the plan.
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