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Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.
Case Number: # 1512017983
Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.
Publication Date: 2023-09-18
Practice Area: Contracts
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jamie L. Wine, Steven N. Feldman, Latham & Watkins LLP, New York, NY; Matthew W. Walch, Russell Mangas, Latham & Watkins LLP, Chicago, IL for plaintiffs.
for defendant: Elizabeth A. Sloan, Brittany M. Giusini, Fred DeRitis, Ballard Spahr LLP, Wilmington, DE; Paul Lantieri III, Ballard Spahr LLP, Philadelphia, PA; Stephen B. Brauerman, Justin C. Barrett, Bayard, P.A., Wilmington, DE for defendants.
Case Number: 2021-0210-PAF
Company president was liable for breaching his non-compete and fiduciary duties where the evidence supported finding that he diverted business opportunities to a competing company he founded.
Publication Date: 2023-09-18
Practice Area: Contracts
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: A. Thompson Bayliss, Eric A. Veres, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; Paul J. Loh, Jason H. Wilson, Eileen M. Ahern, Amelia L.B. Sargent, Peter Shimamoto, Ashley L. Kirk, Kenneth M. Trujillo-Jamison, Breeanna N. Brewer, Caitlin F. Lynch, Willenken LLP, Los Angeles, CA for plaintiff.
for defendant: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; Fred A. Kelly, Jr., Joshua S. Barlow, Tiffany Jang, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; Mark Basanta, Aakruti G. Vakharia, Haug Partners LLP, New York, NY; Christopher Gosselin, Haug Partners LLP, Washington, D.C. for defendant.
Case Number: 2020-0953-SG
Plaintiff's damages methodology was found mostly reliable, as the court rejected defendant's assertion that plaintiff could have mitigated its damages since the evidence showed that defendant would not have cooperated with those mitigation efforts or the success of those efforts was speculative at best.
Publication Date: 2023-09-18
Practice Area: Energy and Natural Resources
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Matthew A. Fitzgerald, McGuireWoods, Richmond, VA; Gregory J. Krock, McGuireWoods, Pittsburgh, PA; Elizabeth M. Thomas, McGuireWoods, Charlotte, NC for appellant.
for defendant: Richard L. Armezzani, Daniel T. Brier, John B. Dempsey, Nicholas F. Kravitz, Myers Brier & Kelly, Scranton, PA for appellee.
Case Number: 22-1280
Court remanded for district court to join other parties to a joint operating agreement since adjudicating the case would necessarily implicate those parties' contractual rights and obligations.
Publication Date: 2023-09-18
Practice Area: Business Torts
Industry: Financial Services and Banking | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Kevin M. Capuzzi, Kate Harmon, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE; Andrew G. Fiorella, Nathan H. Boninger, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, OH for plaintiffs.
for defendant: Joseph B. Cicero, Thomas A. Youngman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Jeffrey H. Zaiger, Judd Linden, Zaiger LLC, New York, NY; David E. Ross, S. Michael Sirkin, Thomas C. Mandracchia, Ross Aronstam & Moritz LLP, Wilmington, DE for defendants.
Case Number: 2022-0378-LWW
Although unsecured creditor could not pierce the corporate veil as to the controller, it adequately pled fraudulent transfer and successor liability claims against an affiliate that acquired all of a fellow affiliate's assets, when the circumstances of the sale supported an inference that the transfer was designed to place assets out of creditors' reach.
Law Journal Press | Digital Book
Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn
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Publication Date: 2023-09-18
Practice Area: Corporate Entities
Industry: Consulting | Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Michael W. McDermott, Richard I. G. Jones, Jr., David B. Anthony, Zachary J. Schnapp, Harry W. Shenton, IV, Berger Harris LLP, Wilmington, DE for appellants.
for defendant: A. Thompson Bayliss, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE; Robert N. Hochman, Sidley Austin LLP, Chicago, IL, Margaret Hope Allen, Angela C. Zambrano, Yolanda Cornejo Garcia, Sidley Austin LLP, Dallas, TX; Robin Wechkin, Sidley Austin LLP, Issaquah, WA for appellee.
Case Number: 407, 2022
Court declined to disavow jurisprudence holding that parties to an LLC agreement could impose incurable voidness on purported transactions under the agreement since the Delaware Limited Liability Company Act gave broad contractual freedom in an operating agreement.
Publication Date: 2023-09-18
Practice Area: Employment Litigation
Industry: Health Care | Legal Services
Court: Delaware Superior Court
Judge: District Judge Wharton
Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
Case Number: N20C-08-186 FWW
Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.
Publication Date: 2023-09-18
Practice Area: Labor Law
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
Case Number: N21C-10-044
Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.
Publication Date: 2023-09-18
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.
for defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.
Case Number: 22-04577
Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Consulting | Investments and Investment Advisory | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12816(JKS)
The court denied motions to dismiss counts alleging breach of fiduciary duties, aiding and abetting breach of fiduciary duties, recharacterization of debt to equity, and equitable subordination arising from defendants' control of debtor that led to its bankruptcy.
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