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Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
Case Number: 21-2801
Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.
Publication Date: 2023-07-24
Practice Area: Patent Litigation
Industry: Consumer Products | Electronics
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Counsel: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE; Ronald W. Bums, 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
The court's inherent power to manage its docket and orderly and expeditiously dispose of cases extends to requiring nonparty out-of-state witnesses to personally appear before the court.
Publication Date: 2023-07-24
Practice Area: Civil Procedure
Industry: Agriculture | Biotechnology
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs/counter-defendants.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant/counter-plaintiff.
Case Number: 20-1170-RGA
Finding that the plaintiffs/counter defendants would suffer legal prejudice if the remaining counterclaims were dismissed without prejudice, the court dismissed the remaining counterclaims with prejudice.
Publication Date: 2023-07-24
Practice Area: Business Torts
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
Case Number: N23C-01-180 FWW
Insurance agent's professional negligence claims against insurance provider arising from the agent's termination by his client failed where agent could not allege a duty of care by the provider, which had no reason to know that the agent's continued retention by his client would be conditioned on the provider's performance under the insurance policy.
Publication Date: 2023-07-17
Practice Area: Bankruptcy
Industry: Automotive | Insurance | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Gerard T. Cicero, Brown Rudnick LLP, New York, NY; Kami E. Quinn, Emily P. Grim, Sarah A. Sraders, Gilbert LLP, Washington, DC for appellant.
for defendant: Evan T. Miller, Daniel N. Brogan, Steven D. Adler for appellee.
Case Number: 17-11375 (BLS)
Bankruptcy court correctly dismissed adversary proceeding that was essentially an insurance coverage dispute, rendering the matter a non-core proceeding that was also subject to a forum selection clause in the underlying insurance policy.
Law Journal Press | Digital Book
Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin
View this BookView more book results for the query "*"
Publication Date: 2023-07-17
Practice Area: Securities Litigation
Industry: Insurance | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Joseph D. Daley, Robbins Geller Rudman & Dowd, San Diego, CA; Peter S. Pearlman, Cohn Lifland Pearlman Herrmann & Knopf, Saddle Brook, NJ; Daniel J. Pfefferbaum, Shawn A. Williams, Robbins Geller Rudman & Dowd, San Francisco, CA; Douglas Wilens, Robbins Geller Rudman & Dowd, Boca Raton, FL for appellant.
for defendant: David D. Cramer, Tricia B. O’Reilly, Walsh Pizzi O’Reilly & Falanga, Newark, NJ; Maeve L. O’Connor, Susan R. Gittes, Aasiya F.M. Glover, Debevoise & Plimpton, New York, NY for appellees.
Case Number: 21-1147
Stockholder sufficiently alleged false or misleading corporate statements where life insurance company reported normal or slightly negative mortality experience only weeks prior to announcing massive increase in reserves, and stockholder had confidential internal information indicating the company had already been contemplating increasing reserves.
Publication Date: 2023-07-17
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory | Transportation
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Bruce Birenboim, Jaren Janghorbani, Paul A. Paterson, Kristina A. Bunting, Jonathan C. Day, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY for plaintiffs.
for defendant: Daniel M. Silver, Sarah E. Delia, Travis J. Ferguson, Shannon D. Humiston, McCarter & English, LLP for defendant.
Case Number: 2022-0690-PAF
Although parties entered binding acquisition agreement, buyer was not obligated to close where seller had yet to meet condition precedent to obtain agreements from all its stockholders to tender their equity.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
Case Number: 21-1365
Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.
Publication Date: 2023-07-17
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Legal Services
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Michael A. Rogovin, Weiss Law, Atlanta, GA for plaintiff
for defendant: Paul J. Lockwood, Arthur R. Bookout, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendant.
Case Number: 2021-0202-KSJM
Supplemental proxy disclosures that were only marginally helpful to shareholders and were not clearly material to their analysis only supported a minimal award of legal fees and costs to plaintiff stockholder.
Publication Date: 2023-07-17
Practice Area: Real Estate
Industry: Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys: For plaintiff: David C. Zerbato, Moton, Valihura & Zerbato, LLC, Greenville, DE for appellant.
for defendant: Anthony V. Panicola, Olga K. Beskrone, Colten L. Fleu, Community Legal Aid Society, Inc., Dover, DE for appellee.
Case Number: K21A-10-002 RLG
Arbitrator erred by considering and carving out a manufactured home community owner's acquisition costs in denying the owner's request for an above-inflation rent increase, where the analytical framework merely required the arbitrator to consider the statutory factors after finding the owner had made capital expenditures that directly related to the community maintenance and improvement.
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