• United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.

    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • Global Discovery Biosciences Corp. v. Harrington

    Publication Date: 2023-12-18
    Practice Area: Business Torts
    Industry: Biotechnology | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Stephen C. Norman, David A. Seal, Callan R. Jackson, Charles R. Hallinan, Potter Anderson, Wilmington, DE; Eric Landau, Travis Biffar, Ellenoff Grossman & Schole LLP, Irvine, CA for plaintiff.
    for defendant: Andrew L. Cole, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Alan D. Albert, O’Hagan Meyer, PLLC, Wilmington, DE for defendants.

    Case Number: 2022-1132-SG

    Fraud claims brought by corporation against its former controller failed since the controller's knowledge of the alleged fraud would be imputed to the corporation and thus the claim effectively alleged that the controller defrauded himself.

  • Bergmann v. SH Parent, Inc.

    Publication Date: 2023-12-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Samuel T. Hirzel, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
    for defendant: Jesse L. Noa, Potter, Anderson & Corroon LLP, Wilmington, DE for defendants.

    Case Number: N22J-00660

    Court denied motion to compel discovery in aid of execution where claimant was merely seeking merits-based discovery for another action for injunctive relief.

  • Bumpus v. USAC Ross LLC

    Publication Date: 2023-12-18
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
    for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.

    Case Number: N22C-09-008 JRJ

    Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.

  • In re: Ursa Operating Co., LLC

    Publication Date: 2023-12-18
    Practice Area: Bankruptcy
    Industry: Energy | Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
    for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.

    Case Number: 22-1729

    Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.

  • Law Journal Press | Digital Book

    New Jersey Estate & Trust Litigation 2024

    Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler

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  • In re: Boy Scouts of Am.

    Publication Date: 2023-12-18
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Silverstein
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-10343 (LSS)

    Court denied ad hoc claimant committee's request for reimbursement of professional fees from the bankruptcy estate where its work appeared duplicative of the work performed by the estate and official committee of claimants and was contrary to facilitating resolution of an official committee's internal disputes.

  • West v. Emig

    Publication Date: 2023-12-18
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3205

    Prison officials were entitled to qualified immunity for removing mattress from cell of prisoner under psychological close observation to prevent the prisoner from using the mattress to harm himself or prevent monitoring.

  • United States v. Hunter

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff: Meaghan Flannery, Matthew T. Newcomer, Jennifer A. Williams, Office of United States Attorney, Philadelphia, PA for appellant.
    for defendant: Salvatore C. Adamo, Hellertown, PA for appellee.

    Case Number: 21-3316

    Conducting criminal history check during routine traffic stop was justified by promoting officer safety and the fact that the short duration of the check posed a minimal burden.

  • Elzufon, Austin, Tarlov & Mondell, P.A., v. Lewis

    Publication Date: 2023-12-18
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.

    Case Number: 47, 2023

    Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.

  • Petrleos de Venezuela, S.A. v. PDV Holding, Inc.

    Publication Date: 2023-12-11
    Practice Area: Corporate Governance
    Industry: Energy | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Kenneth J. Nachbar, Susan W. Waesco, Alexandra Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
    for defendant: Samuel T. Hirzel, II, Jamie L. Brown, Aaron M. Nelson, Gillian L. Andrews, Brendan Patrick McDonnell, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Joseph D. Pizzurro, Kevin A. Meehan, Juan O. Perla, Aubre G. Dean, Allesandra D. Tyler, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY for defendant.

    Case Number: 2023-0778-PAF

    Court set nominal bond as a condition for ordering the reissuance of a stock certificate, where there was no dispute over ownership of the stock and a low likelihood that the original certificate had been transferred or pledged, and where the corporation's liability for the certificate was limited by law to the value of the bond.