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  • Planned Parenthood of Delaware, Inc. v. Corbin

    Publication Date: 2019-08-28
    Practice Area: Administrative Law
    Industry: Health Care | Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jennifer Gimler Brady and Jennier Penberthy Buckley, Potter Anderson & Corroon, LLP for Planned Parenthood of Delaware, Inc.
    for defendant: Scott T. Earle and Zachary A. Silverstein, Zarwin Baum Devito Kaplan Schaer Toddy, P.C. for Yolanda Corbin. Daniel C. Mul-veny for the Unemployment Insurance Appeal Bd.
    Case Number: D68681

    An appeals board created an unfair process when it restricted arguments on appeal, unfairly benefitting one party and preju-dicing the other.

  • Avande, Inc. v. Evans

    Publication Date: 2019-08-28
    Practice Area: Labor Law
    Industry: Accounting | Health Care | Insurance
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Thad. J. Bracegirdle and Julie M. O’Dell, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE, Jerome R. Bowen, Bowen Law Offices, Las Vegas, NV for plaintiff.
    for defendant: Sean J. Bellew, Bellew, LLC, Wilmington, DE for defendants.
    Case Number: D68678

    Company could force former CEO to provide accounting of transactions with company owned by the CEO, but failed to make prima facie case to require CEO to undertake accounting of all other challenged transactions since many other company employees were authorized to make expenditures.

  • GMF ELCM Fund L.P. v. ELCM HCRE GP LLC

    Publication Date: 2019-08-21
    Practice Area: Corporate Entities
    Industry: Health Care | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, and Thomas G. James, Weil, Gotshal & Manges, LLP, New York, NY for plaintiffs.
    for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE for receiver.
    Case Number: D67675

    Judicial dissolution of limited partnership granted where principal manager demonstrated unwillingness or inability to operate business based on repeated refusals to work with court-appointed receiver or comply with court orders.

  • Horton v. Organogenesis Inc.

    Publication Date: 2019-08-07
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: John L. Reed, Matthew Denn and Peter H. Kyle, DLA Piper LLP (US), Wilmington, DE for plaintiff.
    for defendant: Carl D. Neff and Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Matthew C. Baltay, Foley Hoag LLP, Boston, MA for defendant.
    Case Number: D68657

    Defendant adequately stated a counterclaim for indemnification based on breaches of representations and warranties, but the court dismissed a counterclaim for indemnification based on losses which had not yet been incurred.

  • Seaford Internal Med., LLC v. Sandoval

    Publication Date: 2019-07-31
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jennifer G. Brady, Potter Anderson & Corroon LLP, Wilmington, DE for claimant.
    for defendant: Daniel C. Mulveny, Delaware Department of Justice, Wilmington, DE for the Unemployment Insurance. Appeal Bd.
    Case Number: D68652

    The court reversed a decision by the Unemployment Insurance Appeal Board, because the evidence indicated the employee did not leave her job for good cause.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Conduent State Healthcare, LLC v. AIG Specialty Ins. Co.

    Publication Date: 2019-07-17
    Practice Area: Insurance Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY; Jennifer C. Wasson and Carla M. Jones, Potter, Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Matthew Denn, and Harrison S. Carpenter, DLA Piper LLP, Wilmington, DE, Robert S. Harrell, Mayer Brown LLP, Houston, TX for defendants.
    Case Number: D68631

    Defendants obligated to provide defense costs following state attorney general's issuance of a civil investigative demand to defendants' insured because the demand involved an investigation into Medicaid fraud and constituted a "demand for non-monetary relief" under the terms of defendants' policies.

  • Coyne v. Fusion Healthworks, LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities | Trusts and Estates
    Industry: Health Care | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
    for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: D68558

    Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.

  • Verrastro v. Bayhospitalists, LLC

    Publication Date: 2019-04-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Ben T. Castle and Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
    for defendant: Gregory S. McKee and Lauren C. McConnell, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE for defendant.
    Case Number: D68541

    The dismissal of negligence claims against two physicians on statute of limitations grounds did not bar a timely-filed claim against the physicians' employer under the doctrine of respondeat superior.

  • Personal Touch Holding Corp. v. Glaubach

    Publication Date: 2019-03-13
    Practice Area: Corporate Governance | Real Estate
    Industry: Health Care | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Blake Rohrbacher, Brian F. Morris and John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan C. Sulli-van and John A. DeMaro of Ruskin Moscou Faltischek, P.C., Uniondale, NY for plaintiff.
    for defendant: Theodore A. Kittila and James G. McMillian, III, Halloran Farkas Kittila LLP, Wilmington, DE for defendant.
    Case Number: D68490

    A corporate officer breached his fiduciary duty by usurping a corporate opportunity to purchase property, so the court awarded damages to the company.

  • Talley v. Christiana Care Health Sys.

    Publication Date: 2019-03-06
    Practice Area: Business Torts | Employment Litigation
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Michele D. Allen and Catilyn E. Quinn, Allen and Assoc., Hockessin, DE for plaintiff.
    for defendant: Joanna J. Cline, James H.S. Levine, Barbara T. Sicalides, Barak A. Bassman and Megan Morley of Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for defendants.
    Case Number: D68453

    Plaintiff 's tortious interference claims against two individual defendants were precluded by the bootstrapping doctrine.