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March 10, 2021 | Law.com

'MDLs Gone Wild' or 'Significant Misunderstanding'?: RoundUp Lawyers Grilled by Chhabria. Plus: COVID-19 Cancellation Cases Shunted to Arbitration

Opposition has been building in the Roundup MDL over a proposed $800 million in common benefit fees and a $2 billion class action settlement.
8 minute read
Rogers v. Wilmington Trust Co.
Publication Date: 2021-03-10
Practice Area: Trusts and Estates
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys:
For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; T. Randolph Catanese, Doug R. Hume, David Y. Yoshida, Catanese & Wells, Westlake Village, CA for plaintiff.
For defendant: Benjamin P. Chapple, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; John M. McIntyre, Traci S. Rea, Reed Smith LLP, Pittsburgh, PA; Elizabeth J. Betta, M&T Bank, Buffalo, NY for defendant.
Case number: D69324

The court denied relief to plaintiffs because they failed to prove that a previous trustee breached its fidu-ciary duty or engaged in any fraud.

February 26, 2021 | Delaware Business Court Insider

Wilmington Trust Can't Be Held for Liable Beneficiary and Successor Claims

U.S. District Judge Colm Connolly said that while duties with regard to the trust ware not handled "responsibly" on all sides, no illegality on the part of Wilmington Trust could be proven.
4 minute read
February 26, 2021 | Delaware Law Weekly

Wilmington Trust Found Not Liable for Claims From Beneficiary and Successor as Trustee

U.S. District Judge Colm Connolly said that while duties with regard to the trust ware not handled "responsibly" on all sides, no illegality on the part of Wilmington Trust could be proven.
4 minute read
Appellate Division, Second Department:December 9, 2020
Publication Date: 2020-12-11
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department:December 9, 2020

Lipman v. GPB Capital Holdings LLC
Publication Date: 2020-12-02
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Marcus E. Montejo, Stephen D. Dargitz, Prickett, Jones & Elliott, P.A., Wilmington, DE; Chet B. Waldman, Adam J. Blander, Wolf Popper LLP, New York, NY for plaintiffs.
For defendant: Patricia L. Enerio, Elizabeth A. DeFelice, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Tab K. Rosenfeld, Steven M. Kaplan, Nicole E. Meyer. Rosenfeld & Kaplan, LLP, New York, NY for defendants GPB Capital Holdings LLC and nominal defendants GPB Holdings II, LP and GPB Automotive Portfolio, LP. Jacob R. Kirkham, Kobre & Kim LLP, Wilmington, DE; William McGovern, Leif T. Simonson, Kobre & Kim LLP, New York, NY for defendant Gentile. Michael W. McDermott, Richard I.G. Jones, Jr., Berger Harris LLP, Wil-mington, DE; Jeffrey Schreiber, Richard J. Jancasz, Meister Seelig & Fein LLP, New York, NY for defendant Schneider. David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; Kevin D. Galbraith, Law Office of Kevin Galbraith, LLC, New York, NY for defendant Lash.
Case number: D69209

Plaintiffs adequately stated claims for breach of fiduciary duty as to the controller and general partner of two limited partnerships.

Appellate Division, Second Department:October 28, 2020
Publication Date: 2020-10-30
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department:October 28, 2020

October 28, 2020 | Law.com

Amicus Brief on Defense Side Questions Legitimacy of 'Public Nuisance' Theory in Products Liability Cases. Plus: Panel Weighs Appeal of Roundup Verdict

The U.S. Chamber of Commerce and the American Tort Reform Association called the public nuisance case that led to last year's $465 million opioid judgment against Johnson & Johnson a "new species of super tort" that could wipe out swaths of established law.
6 minute read
Doe v. Aimbridge Hospitality, LLC
Publication Date: 2020-10-07
Practice Area: Personal Injury
Industry: Hospitality and Lodging | Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys:
For plaintiff: David A. Felice, Bailey Glasser LLP, Wilmington, DE for plaintiff.
For defendant: Michael J. Logullo, Rawle & Henderson LLP, Wilmington, DE; Brandon J. Hechtman, Josefine Blick, Wicker, Smith, O’Hara, McCoy and Ford, P.A., Coral Gables, FL for defendant.
Case number: D69143

Civil sexual assault suit dismissed on grounds of forum non conveniens where the alleged assaults took place in another country where neither the victim nor the alleged perpetrators were citizens or residents of Delaware, such that the state had little interest in the controversy.

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