• Active Day OH, Inc. v. Wehr

    Publication Date: 2024-07-09
    Practice Area: Business Torts
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; John F. Marsh, Jolene S. Griffith, Bailey Cavalieri LLC, Columbus, OH; Tyler J. Dunphy, Active Day OH, Inc., Trevose, PA for plaintiffs.
    for defendant: Michael D. DeBaecke, Randall J. Teti, Ashby & Geddes, P.A., Wilmington, DE for defendants.

    Case Number: N22C-08-064 SKR CCLD

    Court denied defendants' summary judgment motion on breach of non-compete agreement where plaintiffs plausibly pled breach by alleging defendants assisted plaintiffs' former employee with establishing a competing business.

  • Zimmerman v. Int'l Longshoreman's Ass'n Local 1694

    Publication Date: 2024-07-09
    Practice Area: Labor Law
    Industry: Cargo and Shipping
    Court: U.S. District Court of Delaware
    Judge: District Judge Groves
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:22-CV-01192-JCG

    Court declined to dismiss breach of CBA and tort claims against employer where former employee adequately pled that employer did not believe employee intentionally stole from the company and subsequently took steps to frustrate employee's efforts to obtain new employment.

  • In re: FTX Trading Ltd.

    Publication Date: 2024-07-09
    Practice Area: Bankruptcy
    Industry: Accounting | E-Commerce | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-11068 (JTD)

    Court developed methodology to discount value of cryptocurrencies where most of the tokens were held by debtor, which had restricted the trading market to artificially inflate the market price.

  • ECB USA, Inc. v. Savencia, S.A.

    Publication Date: 2024-07-09
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Legal Services | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
    for defendant: David W. Martson Jr., Jody C. Bariilare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Abelson, Morgan, Lewis & Bockius LLP, New York, NY for defendants.

    Case Number: 19-cv-731-GBW-CJB

    Court was not obligated to consider evidence of party asserting attorney-client privilege when ordering an evidentiary hearing where opposing party made a prima facie case for application of the crime-fraud exception.

  • Deane v. Maginn

    Publication Date: 2024-07-02
    Practice Area: Damages
    Industry: Investments and Investment Advisory | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: David H. Holloway, Shlansky Law Group, LLP, Wilmington, DE; Christine M. Mackintosh, Esquire Grant & Eisenhofer P.A. Wilmington, DE for plaintiff.
    for defendant: Jody C. Barillare, Amy M. Dudash, Wilmington, DE for defendant.

    Case Number: 2017-0346-LWW

    Court declined to award pre-judgment/pre-trial interest on rescissory damages as judgment creditor was not deprived of its funds and defendant was being ordered to disgorge the benefits he accrued by usurping creditor's corporate opportunities.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Talkdesk, Inc. v. DM Trans, LLC

    Publication Date: 2024-07-02
    Practice Area: Contracts
    Industry: Call Centers | Cargo and Shipping | E-Commerce | Software
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Matthew J. Jacobs, Jessica S. Heim, Emily Margolis, DLA Piper LLP, San Francisco, CA for plaintiff.
    for defendant: Rudolf Koch, Elizabeth J. Freud, Nicholas F. Mastria, Richards, Layton & Finger P.A., Wilmington, DE; Michael T. Jones, Ashley V. Hart, Holland & Knight LLP, Boston, MA for defendant.

    Case Number: N23C-08-005 MAA CCLD

    Court declined to dismiss breach of contract claims where defendant adequately alleged that plaintiff's services failed to achieve the bargained-for availability, with disputes over the calculation of availability requiring further discovery.

  • SU-BE, LLC v. New Castle County Dep't of Land Use

    Publication Date: 2024-07-02
    Practice Area: Tax
    Industry: Agriculture | Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Halloran, Farkas, Kittila, LLP, Wilmington, DE for appellant.
    for defendant: Adam Singer, Judith Ann Hildick Mitchell, William C. Martin, New Castle County Law Department, Wilmington, DE for appellees.

    Case Number: N23A-05-005 CEB

    Court found no error in excluding portion of property from farmland exemption where evidence supported the finding that the enclosed portion was not being used for farming purposes.

  • In re TransPerfect Global, Inc.

    Publication Date: 2024-07-02
    Practice Area: Corporate Governance
    Industry: Legal Services | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Jeremy D. Eicher, Eicher Law LLC, Wilmington, DE; Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE for petitioner.
    for defendant: Douglas D. Herrmann, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Jennifer C. Voss, Skadden, Arps, Slate, Meagher & Flom LLP Wilmington, DE for respondent.

    Case Number: 9700-CM, 10449-CM

    Court overruled corporation's objections to custodian's legal fee petitions where court had already ruled on custodian's entitlement to fees and found no basis to support corporations' challenges to the reasonableness of the fees.

  • Maric Healthcare, LLC v. Guerrero

    Publication Date: 2024-07-02
    Practice Area: Business Torts
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Cook
    Attorneys: For plaintiff: Michael T. Manuel, John M. Seaman, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
    for defendant: Margaret F. England, Michael Van Gorder, Gellert Seitz Busenkell & Brown LLC, Wilmington, DE for defendant.

    Case Number: 2023-1062-NAC

    Court declined to dismiss fiduciary claims where defendant availed himself of Delaware law by becoming a manager of a Delaware LLC pursuant to an LLC agreement that expressly imposed fiduciary duties on defendant.

  • Elad v. Truist Bank

    Publication Date: 2024-07-02
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Legal Services | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Joseph B. Elad, Claymont, DE, pro se plaintiff.
    for defendant: Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Lorin Huerta, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Helene Elizabeth Episcopo, New Castle County Office of Law, New Castle, DE; Chase N. Miller, McCabe Weisberg & Conway P.C., Wilmington, DE for defendants.

    Case Number: 23-1360-GBW

    Court dismissed complaint challenging state court foreclosure proceedings where defendants were entitled to absolute judicial or quasi-judicial immunity or were not acting under color of state law for purposes of a §1983 claim.