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Publication Date: 2024-04-01
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff:
for defendant:
Case Number: N23C-07-144 MAA CCLD
Complaint seeking payment of settlement consideration was an action at law rather than a request for specific performance, meaning jurisdiction was proper in the superior court rather than the chancery court.
Publication Date: 2024-04-01
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-10741 (BLS)
Court dismissed bankruptcy petition that appeared to be filed solely to avoid liability on a large judgment entered for damages caused by debtors' misconduct.
Publication Date: 2024-04-01
Practice Area: Corporate Governance
Industry: E-Commerce | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Gregory V. Varallo, Andrew E. Blumberg, Mae Oberste, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Kimberly A. Evans, Lindsay K. Faccenda, Irene R. Lax, Robert Erickson, Block & Leviton LLP, Wilmington, DE; Jeroen van Kwawegen, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Jeremy Friedman, David Tejtel, Christopher Windover, Lindsay La Marca, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; Jason Leviton, Block & Leviton LLP, Boston, MA; D. Seamus Kaskela, Adrienne Bell, Kaskela Law LLC, Newtown Square, PA for plaintiffs.
for defendant: Kevin R. Shannon, J. Matthew Belger, Jaclyn C. Levy, Christopher D. Renaud, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE; Matthew W. Close, Jonathan B. Waxman, O’Melveny & Myers LLP, Los Angeles, CA; Abby F. Rudzin, Asher Rivner, O’Melveny & Myers LLP, NY, New York; Bradley R. Aronstam, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; John A. Neuwirth, Evert J. Christensen, Jr., Stefania D. Venezia, Weil, Gotshal & Manges LLP, New York, NY for defendants.
Case Number: 2023-0449-JTL
Court declined to certify order denying motion to dismiss where the order did not decide novel legal issues or issues of substantial importance and where interlocutory review was unlikely to materially advance the resolution of the litigation.
Publication Date: 2024-04-01
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Nicole M. Walker, Office of Defense Services, Wilmington, DE for appellant.
for defendant: Andrew R. Fletcher, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 170, 2023
Police lacked articulable facts to suspect individual on sidewalk of loitering and thus unlawfully detained the individual for a pat down search.
Publication Date: 2024-04-01
Practice Area: Civil Rights
Industry: Hospitality and Lodging | Legal Services | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-415-CFC
Plaintiffs' disability discrimination claims failed due to the lack of allegations establishing a causal connection between one plaintiff's' disability and the family's eviction facilitated by state officials.
Law Journal Press | Digital Book
Authors: Pamela J. Moore
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Publication Date: 2024-04-01
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Raeann Warner, Collins Price & Warner, Wilmington, DE for plaintiff.
for defendant: Michael P. Stafford, Elise K. Wolpert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
Case Number: 22-1452-RGA
Evidentiary record could support an inference that race played a role in defendant employer's failure to promote plaintiff sufficient to submit plaintiff's racial discrimination claim to the jury, as the promoted individual lacked the minimum qualifications and the reasons for not promoting plaintiff were plausibly inconsistent with his performance evaluations.
Publication Date: 2024-03-26
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: Walter R. Davis III and Diana M. Coke-Davis, Dover, DE, pro se plaintiffs.
for defendant: Scott B. Czerwonka, Anna Lucia Fiscella, Wilks Law LLC, Wilmington, DE for defendant.
Case Number: 21-1713 (JLH)
Real Estate Settlement Procedures Act claims failed where borrowers' communications did not constitute "qualified written requests" as defined by the act and the servicer's responses did not injure the borrowers.
Publication Date: 2024-03-26
Practice Area: Health Care Law
Industry: Distribution and Wholesale | Federal Government | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Slights
Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.
Case Number: 20-1744-CFC
Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.
Publication Date: 2024-03-26
Practice Area: Contracts
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: John Bash, Quinn Emanuel Urquhart & Sullivan, LLP, Austin, TX; Daniel C. Posner, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA; Eric W. Pinker, Lynn Pinker Hurst & Schwegmann, LLP, Dallas, TX; Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE for appellants.
for defendant: Nicole A. Saharsky, Minh Nguyen-Dang, Mayer Brown LLP, Washington, DC; Michael P. Lennon, Charles S. Kelley, Jr., Susan L. Alkadri, Mayer Brown LLP, Houston, TX; Bryan J. Hall, Chipman Brown Cicero & Cole, Wilmington, DE; Jeffrey M. Scott, Archer & Greiner, P.C., Philadelphia, PA for appellee.
Case Number: 22-3019
Original tenant could not be held liable under assigned lease which was amended by the landlord and assignee without the original tenant's knowledge or consent.
Publication Date: 2024-03-26
Practice Area: Labor Law
Industry: Retail
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Emily Laursen Raisis, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
for defendant: Maria Paris Newill, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: N23A-03-006 MMJ
Industrial Accident Board did not err in denying claimant's motion to strike portions of employer's expert's testimony based on newly obtained medical records where claimant knew about her prior medical records and thus employer was not at fault for the fact that claimant's expert did not possess those records to offer testimony.
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