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Publication Date: 2024-08-20
Practice Area: Corporate Governance
Industry: Consulting | Food and Beverage | Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Lawrence P. Eagel, Melissa Fortunato, Marion C. Passmore, Brandon Walker, Bragar Eagel & Squire, P.C., New York, NY for plaintiff.
for defendant: Matthew D. Stachel, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Daniel J. Kramer, Andrew J. Ehrlich, Robert N. Kravitz, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Michael A. Pittenger, Jacqueline A. Rogers, Caneel Radinson-Blasucci, Camilia R. Katkocin, Potter Anderson & Corroon LLP, Wilmington, DE; Sandra C. Goldstein, Stefan Atkinson, Kevin M. Neylan, Jr., Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 2023-1191-LWW
Court denied relief from dismissed action where "newly discovered evidence" was available to plaintiff long before it filed its initial derivative complaint.
Publication Date: 2024-08-20
Practice Area: Public Records
Industry: Education | Non-Profit | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: William E. Green, Jr., Theodore A. Kittila, Michael Bekesha, Halloran Farkas + Kittila, LLP, Wilmington, DE for appellants.
for defendant: William E. Manning, James D. Taylor, Marisa R. De Feo, Juliana Clifton, Saul Ewing LLP, Wilmington, DE for appellee.
Case Number: N20A-07-001 FWW
Where DOJ special counsel report did not contradict the University of Delaware's assertions in its affidavit in support of its invocation of its exemption under the Delaware Freedom of Information Act, the court found no basis to reopen petitioners' complaint where university averred that it had not used public funds to acquire former legislator's working papers.
Publication Date: 2024-08-20
Practice Area: Contracts
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2967
District court erred in calculating length of injunction on competitive activity where parties' agreement allowed extension of non-compete provision equal to duration of breach but district court found defendants' first breach inconsequential.
Publication Date: 2024-08-20
Practice Area: Copyrights
Industry: E-Commerce | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Jeremy King, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY; Miranda Means, Kirkland & Ellis LLP, Boston, MA; Yungmoon Chang, Allyn Belusko, Kirkland & Ellis LLP, Los Angeles, CA for plaintiffs.
for defendant: David Ellis Moore, Bindu Ann George Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Lisa Kimmel, Crowell & Moring LLP, Washington, D.C.; Emily T. Kuwahara, Jordan Ludwig, Crowell & Moring LLP, Los Angeles, CA; Ryan Henry Seewald, Crowell & Moring LLP, Denver, CO for defendant.
Case Number: 1:20-cv-613-SB
Expert opinion on liability was not unreliable where it detailed how data for comparison was selected, as limited qualitative analysis did not automatically render the opinion unreliable.
Publication Date: 2024-08-20
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1172
Former employee adequately pled constructive discharge claim by alleging that she was forced to accept transfer to a position that effectively constituted a demotion and train her replacement who was hired while she was on Family and Medical Leave Act leave, which constituted sufficiently intolerable working conditions that would cause a reasonable person to resign.
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Publication Date: 2024-08-20
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: R. Bruce McNew, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: Lisa M. Zwally, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: 2020-0985-KSJM ("AMFI I")
Court denied reargument of decision finding waiver of claim where plaintiff failed to brief the claim aside from a single reference in its papers.
Publication Date: 2024-08-13
Practice Area: Civil Rights
Industry: Non-Profit | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for appellants.
for defendant: Zi-Xiang Shen, Zachary S. Stirparo, State of Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 354, 2023
Suit challenging the constitutionality of COVID-19 restrictions on houses of worship filed months after such restrictions were lifted was not a justiciable controversy, and state officials were immune from damages for any constitutional violations where they exercised their discretion to impose the conditions in a good faith effort to respond to the COVID-19 pandemic.
Publication Date: 2024-08-13
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiffs.
for defendant: Henry E. Gallagher, Jr., Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 2023-1280-MTZ
Court declined to enforce arbitration provision against nonsignatory plaintiffs where their complaint did not seek to enforce the terms of the contract containing the arbitration clause.
Publication Date: 2024-08-13
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: A. Thompson Bayliss, Samuel D. Cordle, Anthony R. Sarna, Abrams & Bayliss LLP, Wilmington, DE for petitioner.
for defendant: David E. Ross, Garrett B. Moritz, Adam D. Gold, Elizabeth M. Taylor, Ross Aronstam & Moritz LLP, Wilmington, DE for respondent.
Case Number: 2022-0344-JTL
Court relied on deal price as corporation's fair market value during appraisal where the price operated as a floor on company value due to errors by the CEO that left value on the table.
Publication Date: 2024-08-13
Practice Area: Bankruptcy
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
for defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.
Case Number: 19-11292 (JTD)
Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.
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