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Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Aerospace
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Eric Lopez Schnabel, Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Benjamin D. Greenberg, Todd S. Fairchild, Dorsey & Whitney LLP, Seattle, WA for plaintiff.
for defendant: Joseph L. Christensen, Meghan M. Dougherty, Christensen & Dougherty LLP, Wilmington, DE; Perrie M. Weiner, Aaron T. Goodman, Baker & McKenzie LLP, Los Angeles, CA; Peter P. Tomczak, Michael D. Lehrman, Baker & McKenzie LLP, Chicago, IL for defendant.
Case Number: 2022-0722-MTZ
Company founder and former CEO was not entitled to indemnification/advancement from company pursuant to corporate agreements and bylaws where founder had broadly released any claims he had against the company in a stock repurchase agreement, nor was he entitled to statutory indemnification since he had not been successful on the merits of any related legal actions.
Publication Date: 2023-05-30
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Elena C. Norman, Elisabeth S. Bradley, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Arturo J. González, Shaelyn K. Dawson, Camille Framroze, Meredith L. Angueira, Morrison & Foerster LLP, San Francisco, CA for plaintiff.
for defendant: Kasey H. DeSantis, Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE; Neil A. Capobianco, Fox Rothschild LLP, New York, NY for defendant.
Case Number: 2022-0820-PAF
Former employee lacked right to enforce repurchase option where his stock options and unvested stock were cancelled in connection with his employer's acquisition in exchange for the right to payments from the acquiring company that would terminate if the employee left the acquirer's employ.
Publication Date: 2023-05-30
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Marisa B. Miller, Kevin K. Chang, Sheppard, Mullin, Richter & Hampton LLP, San Diego, CA for plaintiff.
for defendant: Sidney S. Liebesman, E. Chaney Hall, Nathaniel J. Klepser, Fox Rothschild LLP, Wilmington, DE; Erik J. Clark, Organ Law LLP, Columbus, OH for defendants.
Case Number: 2022-0979-MTZ
Although federal law obligated acquired healthcare provider to obtain patient consent before turning over records to acquirer, the provider nonetheless breached its contractual obligations to transfer the records and its representations and warranties that it had taken all action necessary to perform and that the transaction complied with applicable law.
Publication Date: 2023-05-30
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Debtor could recover reasonable legal costs incurred in dismissing involuntary petition filed by creditors to trigger their contractual rights to remove debtor from management role, rather than recover their claims against debtor's estate, but debtor suffered no lost profits damages where it was already an effectively defunct business at the time of the petition.
Publication Date: 2023-05-30
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
Case Number: K22C-07-014 NEP
Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.
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Authors: Michael D. Malfitano
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Publication Date: 2023-05-30
Practice Area: Bankruptcy
Industry: Federal Government
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-11120 (JTD)
Refund of excess fees paid to United States Trustee program, pursuant to statute later deemed unconstitutional, was the appropriate remedy for the harm suffered by debtors.
Publication Date: 2023-05-23
Practice Area: Patent Litigation
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Patricia S. Rogowski, Rogowski Law, LLC, Wilmington, DE; Robert M. Evans, Jr., Michael J. Hartley, Michael H. Durbin, T. Hunter Brown, Lewis Rice, LLP, St. Louis, MO for plaintiff.
for defendant: Brian A. Biggs, Angela C. Whitesell, Erin E. Larson, DLA Piper, LLP, Wilmington, DE; Larissa S. Bifano, DLA Piper, LLP, Boston, MA; Richard Mulloy, DLA PIper, LLP, San Diego, CA; Zachary Loney, DLA PIper, LLP, Austin, TX for defendant.
Case Number: 18-cv-1259-RGA
Patent infringement claims were dismissed where asserted claims consisted solely of abstract ideas integral to the voting process and contained no new inventive concept.
Publication Date: 2023-05-23
Practice Area: Business Torts
Industry: Biotechnology
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Karen A. Jacobs, Megan W. Cascio, Courtney Kurz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Laurie Carr Mims, Benjamin D. Rothstein, Candice Mai Khanh Nguyen, Melissa Cornell, Catherine C. Porto, Keker, Van Nest & Peters LLP, San Francisco, CA for plaintiffs.
for defendant: Michael A. Weidinger, Megan Ix Brison, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Elizabeth Sandza, Richard W. Sandza, Sandza Law, PLLC, Washington, DC for defendant.
Case Number: 2021-0694-NAC
Corporate officer was not entitled to statutory indemnification from company where officer was convicted of federal wire fraud, which included a finding that the officer acted in bad faith, and where a presidential pardon did not have the effect of eliminating the conviction.
Publication Date: 2023-05-23
Practice Area: Patent Litigation
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Andrew S. Curfman, Howard Wemow, Sand, Sebolt & Wernow Co., LPA, Canton, OH for plaintiff.
for defendant: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE
Case Number: 22-244-CFC
Court possessed inherent authority to demand production of documents that might evidence potential fraud committed upon the court even though plaintiff had moved to voluntarily dismiss the case.
Publication Date: 2023-05-23
Practice Area: Securities Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1164-CFC-SRF
Court granted motion for leave to amend securities lawsuit where the motion was made prior to the issuance of a scheduling order and no defendant argued that the amended pleading was futile or would cause them undue prejudice.
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