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July 15, 2024 | Connecticut Law Tribune

BioXcel Securities Class Action Dismissed

"By framing the risk of third-party noncompliance as a mere possibility when they knew the FDA had issued a Form 483 observing such noncompliance at its audit, Defendants did not provide complete information to reasonable investors; thus, the statement was misleading and is actionable," the court said.
3 minute read
Deane v. Maginn
Publication Date: 2024-07-02
Practice Area: Damages
Industry: Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys:
For plaintiff: David H. Holloway, Shlansky Law Group, LLP, Wilmington, DE; Christine M. Mackintosh, Esquire Grant & Eisenhofer P.A. Wilmington, DE for plaintiff.
For defendant: Jody C. Barillare, Amy M. Dudash, Wilmington, DE for defendant.
Case number: 2017-0346-LWW

Court declined to award pre-judgment/pre-trial interest on rescissory damages as judgment creditor was not deprived of its funds and defendant was being ordered to disgorge the benefits he accrued by usurping creditor's corporate opportunities.

June 13, 2024 | Delaware Business Court Insider

'The Preposterous Has Become Reality': Chancery Filings Continue to Target Musk, Tesla Board

Complaints in Delaware court allege that Elon Musk sought to take AI-related projects elsewhere if he could not maintain a 25% equity stake in the electric car manufacturer.
3 minute read
May 29, 2024 | Delaware Business Court Insider

McCormick: No Current Need to Formally Block Tesla Shakeup in Chancery

Chancellor Kathaleen McCormick said she's holding defense counsel to their word and will leave the door open for the motions to be raised again if they don't keep it.
4 minute read
May 29, 2024 | The Recorder

No Current Need to Formally Block Tesla Shakeup in Chancery, Court Leader Rules

Chancellor Kathaleen McCormick said she's holding defense counsel to their word and will leave the door open for the motions to be raised again if they don't keep it.
4 minute read
May 22, 2024 | Delaware Business Court Insider

Delaware Supreme Court Affirms AMC Shareholder Settlement Over Stock Split

Counsel for AMC said court interference might hinder the possibility of the Chancery court ever again certifying a shareholder class that didn't vote unanimously on an issue.
3 minute read
May 08, 2024 | Delaware Business Court Insider

Argument Among Shareholders Rolls on With Appeal of AMC Settlement

It's a unique situation for Delaware's high court, with attorneys from the plaintiffs' bar and those who represent the corporate side sitting at the same table, united in wanting to uphold a settlement that a subset of the class of AMC shareholders wants to have overturned.
4 minute read
April 17, 2024 | Law.com

Judge Certifies Question to State High Court Over Constitutionality of the Maryland Child Victims Act

"We're optimistic that after consideration of the briefing and oral arguments, the Court will agree that the Maryland General Assembly acted within its constitutional bounds. This will ensure that survivors of childhood sexual abuse can finally seek relief through the courts and hold their abusers fully accountable," said the plaintiff's legal team.
4 minute read
In re Carvana Co. Stockholders Litig.
Publication Date: 2024-04-08
Practice Area: Corporate Entities
Industry: Automotive | E-Commerce | Investments and Investment Advisory
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys:
For plaintiff: Christine M. Mackintosh, Rebecca A. Musarra, Grant & Eisenhofer, P.A., Wilmington, DE; Kimberly A. Evans, Robert Erikson, Irene R. Lax, Block & Leviton LLP, Wilmington, DE; Jason M. Leviton, Amanda R. Crawford, Block & Leviton LLP, Boston, MA; Ned Weinberger, Mark Richardson, Jiahui (Rose) Wang, Labaton Keller Sucharow LLP, Wilmington, DE; Domenico Minerva, John Vielandi, Labaton Keller Sucharow LLP, New York, NY for plaintiffs.
For defendant: Joseph R. Slights III, Brad D. Sorrels, Shannon E. German, Leah E. León, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; David E. Ross, Adam D. Gold, R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Brian M. Lutz, Gibson, Dunn & Crutcher LLP, San Francisco, CA; Colin B. Davis, Katie Beaudin, Gibson, Dunn & Crutcher LLP, Irvine, CA; John L. Reed, Ronald N. Brown, III, Peter H. Kyle, Kelly L. Freund, DLA Piper LLP (US), Wilmington, DE for defendants.
Case number: 2020-0415-KSJM

Court granted special litigation committee's motion to dismiss derivative action where members were sufficiently independent and disinterested and conducted a seven-month-long investigation that uncovered sufficient evidence to support the decision to move to dismiss.

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