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Appellate Division, First Department: July 15, 2024
Publication Date: 2024-07-15
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals List & Motions List released on:July 11, 2024

Appellate Division, Second Department: July 12, 2024
Publication Date: 2024-07-12
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

Handdown List released on:July 10, 2024

NGL Energy Partners LP v. LCT Capital, LLC
Publication Date: 2024-06-11
Practice Area: Contracts
Industry: Consulting | Energy
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys:
For plaintiff: Steven T. Margolin, Lisa M. Zwally, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig, LLP, New York, NY for appellants.
For defendant: John L. Reed, Peter H. Kyle, Daniel P. Klusman, DLA Piper LLP, Wilmington, DE; Benjamin D. Schuman, DLA Piper LLP, Baltimore, MD for appellee.
Case number: N15C-08-109

Trial court erred in categorically excluding prejudgment interest from the post-judgment interest calculation where prejudgment interest was a component of the judgment.

Soliman v. Subway Franchisee Advertising Fund Trust Ltd.
Publication Date: 2024-05-22
Practice Area: Consumer Protection | Technology Media and Telecom
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Denny Chin
Attorneys:
For plaintiff: Todd M. Friedman, Adrian R. Bacon, Law Offices of Todd M. Friedman, P.C., Woodland Hills, CA. For Plaintiff-Appellant Marina Soliman: Brenden P. Leydon, Wocl & Leydon, L.L.C., Stamford, CT.
For defendant: For Defendant-Appellee Subway Franchisee Advertising Fund Trust, Ltd: Ian C. Ballon, Lori Chang, Greenberg Traurig, LLP, Los Angeles, CA, and Brian T. Feeney, Greenberg Traurig, LLP, Philadelphia, PA.
Case number: 22-1726-cv

Telephone Numbers Called by Subway Derived From Preexisting Lists; TCPA Inapplicable

Appellate Division First Department:May 13, 2024
Publication Date: 2024-05-13
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:May 9, 2024

Appellate Division, First Department: April 22, 2024
Publication Date: 2024-04-22
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:April 18, 2024

New York County, Surrogate's Court: April 17, 2024
Publication Date: 2024-04-17
Practice Area: Trusts and Estates
Industry:
Court: Surrogate's Court, New York County
Judge: Surrogate Hillary Gingold and Rita Mella
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Decision and Orders & Decree and Orders signed between:April 1-12, 2024

Traub v. Stardust389, Inc.
Publication Date: 2024-04-15
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys:
For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
For defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
Case number: 22-1582-SRF

Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

Balash v. Bank of New York Mellon Trust Co. N.A.
Publication Date: 2024-04-12
Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights | Real Estate
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
Judge: Chief Judge Brenda K. Sannes
Attorneys:
For plaintiff: Plaintiff Pro Se: Anna Theresa Balash, Astoria, New York.
For defendant: For Defendants The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee for RAAC 2006SP2 and MortgageIT, Inc.: Adam P. Hartley, Greenberg Traurig, LLP, One Vanderbilt Ave., New York, New York. For Defendant McCabe, Weisberg & Conway, LLC: Kenneth Britt, McCabe, Weisberg & Conway, LLC, Melville, New York. For Defendant Max Nicholas Zacker, Esq.: Paul G. Ferrara, Costello, Cooney & Fearon, PLLC, Syracuse, New York.
Case number: 1:22-CV-01120

Denial of Immediate Appeal of 2023 Order Dismissing Claims Under FRCP 54 Is Explained

Wright v. Silver Creek Pharm., Inc.
Publication Date: 2024-04-08
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys:
For plaintiff: Kevin M. Gallagher, Andrew L. Milam, Richards, Layton & Finger, P.A., Wilmington, DE, attorneys for plaintiff.
For defendant: Lisa M. Zwally, Greenberg Traurig, LLP, Wilmington, DE, attorney for defendant.
Case number: 2023-1044-LWW

Purported written consent in lieu of a meeting could not moot stockholders' request for an annual meeting where the law required the removal of incumbent directors before a non-unanimous written consent could fill the vacancies.

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