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Publication Date: 2024-03-04
Practice Area: Corporate Governance
Industry: Pharmaceuticals | Retail | Software
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Blake A. Bennett, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE; Brian J. Robbins, Stephen J. Oddo, Eric M. Carrino, Robbins LLP, San Diego, CA; Leo Kandinov, Aaron T. Morris, Andrew W. Robertson, Morris Kandinov LLP, San Diego, CA for plaintiffs.
for defendant: A. Thompson Bayliss, Samuel D. Cordle, Caleb Volz, Abrams & Bayliss LLP, Wilmington, DE; Robert G. Jones, Jessica M. Bergin, Sara A. Bellin, Ropes & Gray LLP, Boston, MA; Martin J. Crisp, Ropes & Gray LLP, New York, NY for defendants.
Case Number: 2021-0240-LWW
Caremark claims failed where board of directors promptly responded to whistleblower action regarding the company's billing practices by overseeing the response to the DOJ's civil investigation demands and fixing the billing software to eliminate the improper practices.
Publication Date: 2024-03-04
Practice Area: Bankruptcy
Industry: Health Care | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10541 (TMH)
Court required pro se litigants to submit filings for court screening as a sanction for litigants' abusive litigation conduct in the form of repeated meritless pleadings and filings.
Publication Date: 2024-03-04
Practice Area: Intellectual Property
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Martina Tyreus Hufnal, Douglas E. McCann, Gregory R. Boofer, Fish & Richardson P.C., Wilmington, DE; Philip K. Chen, Fish & Richardson P.C., Boston, MA; Brian Coggio, Excylyn Hardin-Smith, Fish & Richardson P.C., New York, NY; Megan A. Chacon, Madelyn McCormick, Bernard Cryan, Fish & Richardson P.C., San Diego, CA, for plaintiffs.
for defendant: John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Michael Nutter, McGuireWoods LLP, Chicago, IL; Corinne S. Hockman, McGuireWoods LLP, Raleigh, NC; Daniel Withers, McGuireWoods LLP, Dallas, TX; Merritt Westcott, McGuireWoods LLP, Houston, TX; Dennis D. Gregory, McGuireWoods LLP, Austin, TX for defendants.
Case Number: 22-434-RGA
Court rejected proposed claim construction for testing method where patent language had failed to establish lexicography or disavowal to require specific test conditions.
Publication Date: 2024-03-04
Practice Area: Products Liability
Industry: Electronics | Manufacturing | Retail
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiff.
for defendant: Donald M. Ransom, Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Christopher T. Logullo, Cobb & Logullo, Wilmington, DE for defendants.
Case Number: N23C-03-193 FWW
Court dismissed case where plaintiff was on inquiry notice that retaining or using product constituted agreement to binding arbitration with manufacturer, with the arbitration agreement delegating questions of arbitrability to the arbitrator.
Publication Date: 2024-03-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: Troy Rivetti, Donovan J. Cocas, Laura S. Irwin, Matthew S. McHale, Office of United States Attorney, Pittsburgh, PA for appellant.
for defendant: Kelvin L. Morris, Law Office of Kelvin L. Morris, Pittsburgh, PA for appellee.
Case Number: 22-3033
District court procedurally erred in excluding evidence in child pornography prosecution by not viewing proffered materials before concluding that the risk of unfair prejudice outweighed the materials' probative value.
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Publication Date: 2024-03-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Lugg
Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
Case Number: N20C-09-182 SPL
Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.
Publication Date: 2024-03-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.
Case Number: N22C-08-118 DJB
Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.
Publication Date: 2024-02-26
Practice Area: Corporate Governance
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Thomas Curry, Taylor D. Bolton, Saxena White P.A, Wilmington, DE; David Wales, Saxena White P.A., White Plains, NY; Adam Warden, Saxena White P.A; Boca Raton, FL for plaintiff.
for defendant: John P. DiTomo, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; William Savitt, Anitha Reddy, Getzel Berger, Emma S. Stein, Wachtell, Lipton, Rosen & Katz, New York, NY for defendant.
Case Number: 2023-0309-JTL
Court denied summary judgment dismissal of complaint challenging legality of stockholders' agreement provisions on grounds of laches and ripeness, where equitable defenses could not validate a void contractual provision and where stockholder could launch a facial attack against challenged provisions without having to wait for company controllers to breach fiduciary duties.
Publication Date: 2024-02-26
Practice Area: Mergers and Acquisitions
Industry: Consulting | Manufacturing | Retail
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Christopher P. Simon, David G. Holmes, Cross & Simon, LLC, Wilmington, DE; Jed M. Schwartz, Christopher Almon, Michael T. Frieda, Milbank LLP, New York, NY for plaintiffs.
for defendant: Steven T. Margolin, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: N21C-12-077
Conspiracy and aiding and abetting fraud claims against corporate officers failed where there were no allegations that officers acted out of some personal motivation rather than in their officer roles, precluding an exception to the rule that a corporation cannot conspire with its officers.
Publication Date: 2024-02-26
Practice Area: Contractual Disputes
Industry: Accounting | Consulting | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE; Lawrence P. Schaefer, Bert Black, Mack H. Reed, Timothy S. Christensen, Anne C. Bolgert, Schaeffer Halleeen, LLC, Minneapolis, MN for plaintiff.
for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper, LLP, Wilmington, DE for defendant.
Case Number: N20C-08-249 MAA CCLD
Court denied parties' cross-motions for summary judgment where finding cause for termination was a condition precedent to employer's option to repurchase employee's equity at original cost and where there were genuine issues of material fact as to whether cause existed.
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