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Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Education | Software | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Laurence C. Cronin, Kelly A. Green, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; William J. Leahy, Tanner McCarron, Littler Mendelson, P.C., Philadelphia, PA for plaintiffs.
for defendant: Richard P. Rollo, Travis S. Hunter, Tyler E. Cragg, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
Case Number: 2023-0546-LWW
Former employees did not breach non-compete agreements where the agreements specifically defined competition as in the business lines of the employer's parent company rather than the employer that the employees worked for.
Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael A. Barlow, Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Anthony Bongiorno, Jessica Reese, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA; Rollo C. Baker IV, Eric White, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
for defendant: Lewis H. Lazarus, K. Tyler O’Connell, Albert J. Carroll, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE; Timothy W. Knapp, Brendan E. Ryan, Kent J. Hayden, Kirkland & Ellis LLP, Chicago, IL for defendants.
Case Number: 2022-0289-SG
Finding that that the asset purchase agreement executed by the parties had created a scheme for prorating Medicaid reimbursement distribution payments relating to the year in which closing on the hospitals occurred consistent with defendants' construction of the agreement, the court granted partial summary judgment to defendants.
Publication Date: 2023-09-04
Practice Area: Labor Law
Industry: Consulting | Energy
Court: U.S. District Court of Delaware
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1460
Court declined to dismiss Fair Labor Standards Act overtime action where defendant controlled the means of plaintiffs' work and plaintiffs had no opportunity for business profit or loss or to market their services to other companies.
Publication Date: 2023-09-04
Practice Area: Intellectual Property
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE; Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE; Ronald W. Burns, Frisco, Texas for plaintiff.
for defendant: Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Mark K. Suri, Hinshaw & Culbertson LLP, Chicago, IL; Jeremy Douglas Anderson, Fish & Richardson, P.C., Wilmington, DE; Ricardo J. Bonilla, Fish & Richardson, P.C., Dallas, TX for defendants.
Case Number: 22-572-CFC
Court imposed a civil contempt sanction upon plaintiff's owner for her failure to appear for questioning by the court as ordered, as the court had the inherent authority to impose contempt to enforce its lawful orders.
Publication Date: 2023-09-04
Practice Area: Wrongful Death
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney, P.C., Wilmington, DE for defendants.
Case Number: N22C-03-213 CEB
PREP Act immunity did not apply to complaint alleging ordinary negligence by a nursing home in failing to take steps to prevent the spread of COVID-19 to residents.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.
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Publication Date: 2023-08-28
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Justin L. Swidler, Swartz Swidler, Haddonfield, NJ for appellants.
for defendant: Kimberly Cheeseman, Michael C. Crow, Katherine D. Mackillop, Norton Rose Fulbright, Houston, TX for appellees.
Case Number: 22-1613
Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.
Publication Date: 2023-08-28
Practice Area: Class Actions
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: John P. Elliott, Kyle M. Elliott, Stewart J. Greenleaf, Jr., Mark J. Schwemler, Elliott Greenleaf, Blue Bell, PA for petitioner.
for defendant: Charles Kannebecker, Milford, PA for respondent.
Case Number: 22-8056
The issue before the court was when the timeframe for filing an interlocutory appeal of a class certification order could be extended under Federal Rule of Civil Procedure 23(f), which authorizes interlocutory review of orders "granting or denying class-action certification" of petitions filed within 14 days of the order. Here, petitioner filed a Rule 23(f) petition 14 days after the district court had revised its class certification order but months after the original order certifying the class. Respondent, who had received disabilit
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.
Case Number: N22C-12-143 MAA CCLD
Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within
Publication Date: 2023-08-28
Practice Area: Products Liability
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.
Case Number: N17C-07-001 PPI
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Publication Date: 2023-08-28
Practice Area: Corporate Governance
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE; Mark Lebovitch, Edward Timlin, Bernstein Litowitz Berger & Grossman LLP, New York, NY; Michael J. Barry, Kelly L. Tucker, Jason M. Avellino, Grant & Eisenhofer, P.A., Wilmington, DE; Thomas Curry, Saxena White P.A., Wilmington, DE for plaintiffs.
for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; John A. Neuwirth, Joshua S. Amsel, Tanner S. Stanley, Weil, Gotshal & Manges LLP, New York, NY for defendants.
Case Number: 2023-0215-MTZ
Court approved non-opt-out class for direct stockholder breach of fiduciary duty claims where obtaining opt-outs would be impractical under the circumstances and the proposed settlement provided relief to the entire class.
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