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Publication Date: 2023-12-04
Practice Area: Labor Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: Raykia Faucett, pro se appellant.
for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
Case Number: N23A-06-010 PAW
Unemployment Insurance Appeal Board did not abuse its discretion in declining appeal and finding appeal from disqualification decision untimely where there was no evidence to rebut the presumption of receipt of the decision letter.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: Manufacturing | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Katharine L. Mowery, Dorronda Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; David W. Long-Daniels, M. Allyson Lumpkin, Ansley K. Fantaski, Squire Patton Boggs (US) LLP, Atlanta, GA for plaintiff.
for defendant: Joanna J. Cline, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Michael S. Hino, Troutman Pepper Hamilton Sanders LLP, Berwyn, PA for defendant.
Case Number: N22C-08-489
Court ordered escrow released where company had failed to state a valid claim for indemnification as it had not identified any extant loss that it had incurred or paid for.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: E-Commerce | Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3043
Discrimination and hostile work environment claims failed where plaintiff failed to plead sufficient facts supporting an inference that purportedly adverse employment actions were had a discriminatory or retaliatory motivation or that offensive behavior from a supervisor was severe or pervasive.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Gregory V. Varallo, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Jeroen van Kwawegen, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
for defendant: Lisa A. Schmidt, Robert L. Burns, Matthew D. Perri, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Solum, P.C., John Del Monaco, Jeffrey R. Goldfine, Jacob M. Rae, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 2019-0442-KSJM
Stockholders in fiduciary class action who also petitioned for appraisal were entitled to elect between continuing with appraisal or taking the class remedy, even though the law required the corporation's approval for withdrawal of the petition for appraisal.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: Aerospace | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Catherine A. Gaul, Michael J. Vail, Ashby & Geddes, P.A., Wilmington, DE; David W. Affeld, Edward E. Johnson, Affeld Grivakes LLP, Los Angeles, CA for plaintiffs.
for defendant: William E. Manning, Jessica M. Jones, Michelle C. Streifthau-Livizos, Saul Ewing LLP, Wilmington, DE for defendants.
Case Number: 2022-0652-MTZ
Although plaintiffs failed to identify a contractual provision expressly requiring defendants to operate their aviation-related businesses through the parties' LLC, plaintiffs sufficiently alleged breaches of fiduciary duties by claiming that defendants usurped that business opportunity and caused the LLC to instead engage in marginally profitable interested transactions.
Law Journal Press | Digital Book
Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2023-11-27
Practice Area: Securities Litigation
Industry: Electronics | Health Care | Software
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-700-WCB
Court declined to dismiss securities and common law fraud claims where acquirer failed to disclose the existence of its obligations under a competing earnout agreement when negotiating acquisition of a company.
Publication Date: 2023-11-27
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Court erred in capping fees for work performed on both a §303(i) motion and a §362(k) complaint since the debtor could have obtained its full fees had it only filed the complaint and was thus effectively "punished" for filing the motion.
Publication Date: 2023-11-27
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Bart H. Williams, Proskauer Rose LLP, Los Angeles, CA; Nolan M. Goldberg, Baldassare Vinti, Proskauer Rose LLP, New York, NY; Edward Wang, Proskauer Rose LLP, Washington, DC for plaintiffs.
for defendant: Brian E. Farnan, Michael J. Farnan, Farnan, LLP, Wilmington, DE; Adrian C. Percer, Weil Gotshal & Manges LLP, Redwood Shores, CA; Anish R. Desai, Tom Yu, Weil Gotshal & Manges LLP, New York, NY; Priyata Y. Patel, Weil Gotshal & Manges LLP, Washington, DC for defendant.
Case Number: 22-1538-CJB
Court denied motion to dismiss patent infringement case on grounds of invalidity where patent potentially contained an inventive concept by claiming an ordered combination of conventional elements.
Publication Date: 2023-11-27
Practice Area: Wrongful Death
Industry: Aerospace | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Cynthia M. Devers, Devers Miska Law, Bala Cynwyd, PA for appellants.
for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE; John S. Bagby, Jr., Bagby & Associates, LLC, Paoli, PA for appellee.
Case Number: 22-1596
District court correctly applied General Aviation Revitalization Act's statute of repose to product liability wrongful death claims, where federal regulations limited rebuilding and selling of aircraft parts to aviation manufacturers and thus claims arising from rebuilding of aircraft engine part were claims against a "manufacturer."
Publication Date: 2023-11-20
Practice Area: Patent Litigation
Industry: Automotive | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; John M. Hughes, Andrew C. Baak, Taylor J. Kelson, Bartlit Beck LLP, Denver, CO; Rebecca T. Horwitz, Mark L. Levine, Bartlit Beck LLP, Chicago, IL for plaintiff.
for defendant: Daryll Hawthorne-Bernardo, Christian J. Singewald, White & Williams LLP, Wilmington, DE; Frank C. Cimino, Jr., Megan S. Woodworth, Jonathan L. Falkler, Charles J. Monterio, Jr., Venable LLP, Washington, DC for defendant.
Case Number: 18-1647-RGA
Court granted summary judgment of non-infringement after accepting defendant's proposed claim construction and struck plaintiff's supplemental declaration raising a doctrine of equivalents theory as untimely where plaintiff never raised the theory in its complaint or during discovery.
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