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Elavon, Inc. v. Elec.. Transaction Sys. Corp.
Publication Date: 2022-03-22
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Rolin P. Bissell, James M. Yoch, Jr., Peter J. Artese, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Holmes, Jared D. Wilkinson, Vinson & Elkins LLP, Dallas, TX; Michael S. Dry, Vinson & Elkins LLP, Washington, D.C. for plaintiff.
For defendant: Michael C. Dalton, Bartholomew J. Dalton, of Dalton & Associates, P.A., Wilmington, DE Ryan Scarborough, Graham W. Safty, Trisha Jhunjhnuwala, Williams & Connolly LLP, Washington, D.C.; Adam L. Balick, Melony R. Anderson, Balick & Balick, LLC, Wilmington, DE for defendants.
Case number: D69752

The court found that the Chancery Court did not have subject matter jurisdiction because there was an adequate remedy at law for plaintiff's issue.

Pedicone v. Thompson/Center Arms Co., LLC
Publication Date: 2022-03-08
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys:
For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Specter, P.C., Philadelphia, PA for plaintiffs.
For defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Piscotti, Danny C. Lallis, Pisciotti Lallis Edreich, Florham Park, NJ for defendants.
Case number: D69740

Failure to read user/instruction manual for product precluded a user injured by the product from pursuing a failure to warn claim.

Gurmessa v. Genocide Prevention in Ethiopia, Inc.
Publication Date: 2022-03-08
Practice Area: Personal Injury
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: Tolessa Gurmessa, West Valley City, Utah, pro se plaintiff.
For defendant: Lauren Patrice Deluca, Timothy Michael Holly, Connolly Gallagher LLP, Wilmington, DE; Jennifer Marie Kinkus, William Edward Gamgort, Young, Conaway, Stargatt & Taylor LLP for defendants.
Case number: D69741

Defamation claim could proceed where non-actionable opinions asserted or implied facts that could be proven as true or false.

March 03, 2022 | Delaware Business Court Insider

Experts Say Delaware's Admission Requirements, Location Deter Underrepresented Attorneys

"Intentional efforts to support attorneys of color are so important," said the DEI director of Young Conaway, who said law firms must recognize the potential for lawyers from underrepresented groups to feel isolated.
6 minute read
March 03, 2022 | Delaware Law Weekly

Small World, High Bar: Delaware's Location, Admission Requirements Deter Underrepresented Attorneys, Experts Say

"Intentional efforts to support attorneys of color are so important," said the DEI director of Young Conaway, who said law firms must recognize the potential for lawyers from underrepresented groups to feel isolated.
6 minute read
Manti Holdings, LLC v. The Carlyle Group Inc.
Publication Date: 2022-03-01
Practice Area: Mergers and Acquisitions
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Rolin P. Bissell, Paul J. Loughman, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; D. Patrick Long, Jonathan R. Mureen John Tancabel, Squire Patton Boggs (US) LLP, Dallas, TX for plaintiffs.
For defendant: Albert H. Manwaring IV, Kirsten Zeberkiewicz, Morris James LLP, Wilmington, DE; Robert A. Van Kirk, Sarah F. Kirkpatrick, Lauren Uhlig, Williams & Connolly LLP, Washington, DC for defendants.
Case number: D69727

The court held that plaintiffs did not waive their right to bring an action to challenge fiduciary duty breaches allegedly committed in connection with the sale of a company, or for secondary liability claims, because the contract language did not show a clear relinquishment of those rights.

Wu v. E. Ocean Agriculture Corp.
Publication Date: 2022-02-22
Practice Area: Labor Law
Industry: Agriculture
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: Antranig Garibian, Garibian Law Offices, P.C., Wilmington, DE; Heng Wang, Wang, Gao & Associates, P.C., Metuchen, NJ for plaintiff.
For defendant: Lauren E. M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Ying Liu, Carolyn Shields, Liu & Shields, LLP, Flushing, NY for defendants.
Case number: D69723

Fair Labor Standards Act claims failed where farm workers fell within the statute's agricultural exemption from the minimum wage and overtime provisions of the act.

SphereCommerce, LLC v. Caulfield
Publication Date: 2022-02-15
Practice Area: Contracts
Industry: Software | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys:
For plaintiff: William M. Lafferty, Kevin M. Coen, Sarah P. Kaboly, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Timothy W. Knapp, P.C., Howard M. Kaplan, Aleschia D. Hyde, Kirkland & Ellis LLP, Chicago, IL for plaintiffs/counterclaim defendants.
For defendant: Tammy L. Mercer, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Evan C. Borges, Matthew S. Ingles, Greenberg Gross LLP, Costa Mesa, CA for defendants and counterclaim/third party plaintiffs.
Case number: D69713

The court held that the non-disparagement clause contained in the restrictive covenant agreement between the parties was clearly a restrictive covenant.

In Re Camping World Holdings, Inc.
Publication Date: 2022-02-15
Practice Area: Corporate Governance
Industry: Automotive | Consumer Products | Retail
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys:
For plaintiff: Martin S. Lessner, Emily V. Burton, Kevin P. Rickert, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Brian J. Robbins, Stephen J. Oddo, Gregory E. Del Gaizo, Robbins LLP, San Diego, CA for plaintiffs.
For defendant: Gregory P. Williams, Matthew D. Perri, Richards, Layton & Finger, P.A., Wilmington, DE; Andrew B. Clubok, Latham & Watkins LLP, Washington, DC; Eric R. Swibel, Latham & Watkins LLP, Chicago, IL for defendants.
Case number: D69711

The court held that the complaint failed to plead particularized facts demonstrating that demand was futile as to a majority of the demand board members.

February 03, 2022 | The Legal Intelligencer

Patient's Cancer, Death Not Due to Family Doc's Care: Defense

On Jan. 12, 2017, plaintiffs' decedent Carl Jester, 50, a heavy equipment operator, died from metastatic prostate cancer. His estate claimed that his cancer and death were results of substandard treatment of his family medicine physician, Dr. Mary-Anne Ost.
5 minute read

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