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  • Surf's Up Legacy Partners LLC v. Virgin Fest, LLC

    Publication Date: 2021-12-28
    Practice Area: Contracts
    Industry: Entertainment and Leisure | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Theodore A. Kittila, James G. MacMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE; Eric M. George, Kim S. Zeldin, Browne George Ross LLP, Los Angeles CA for plaintiffs.
    for defendant: Robert K. Beste, Jason Z. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Marvin S. Putnam, Jessica Stebbins Bina, R. Peter Durning, Jr., Latham & Watkins LLP, Los Angeles, CA for defendants.
    Case Number: D69659

    Motion of law firm to intervene to attach an attorney's lien for a judgment for unpaid legal fees denied where firm's right to attach the lien was contractually limited only to causes of actions that were the subject of the engagement agreement, and the firm sought to intervene in a completely unrelated legal action.

  • Hollywood Firefighters' Pension Fund v. Malone

    Publication Date: 2021-11-23
    Practice Area: Attorney Compensation
    Industry: Investments and Investment Advisory | Legal Services | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Gregory V. Varallo, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Michael Hanrahan, Kevin H. Davenport, Mary S. Thomas, Prickett, Jones & Elliott, P.A.; Mark Lebovitch, Jacqueline Y. Ma, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Lee D. Rudy, Eric L. Zagar, Christopher M. Windover, Matthew C. Benedict, Kessler Topaz Meltzer & Check, LLP, Randor, PA; Robert D.Klausner, Klausner Kaufman Jensen & Levinson, P.A., Plantation, FL; Aaron T. Morris, Morris Kandinov LLP, Stowe, VT for plaintiffs.
    for defendant: Robert S. Saunders, Joseph O. Larkin, Matthew P. Majarian, Ryan M. Lindsay, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Richard B. Harper, Thomas E. O’Brien, Vern Cassin, Baker Botts LLP, New York, NY; Kenneth J. Nachbar, Megan W. Cascio, Thomas P. Will, Sarah P. Kaboly, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Douglas D. Herrmann, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE for defendants.
    Case Number: D69614

    The court held that plaintiffs were entitled to a mootness fee in the amount of 9 million dollars.

  • In re: NNN 400 Capitol Ctr. 16 LLC

    Publication Date: 2021-10-27
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69588

    Bankruptcy court properly sanctioned and disqualified special counsel where it failed to disclose the nature of its business structure and the fact that it had financial arrangements that were adverse to the interests of debtor clients regarding matters for which counsel had been retained.

  • Country Life Homes, LLC v. Gellert Scali Busenkell & Brown, LLC

    Publication Date: 2021-09-01
    Practice Area: Legal Malpractice
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for appellants.
    for defendant: Carol A. Vanderwoude, Marshall Dennehey Warner Coleman & Goggin, P.C., Philadelphia, PA, Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellee.
    Case Number: D69520

    Former clients sufficiently pled legal malpractice cause of action by alleging that legal counsel negligently advised clients to pursue litigation strategy that had no merit, resulting in clients incurring unnecessary litigation expense.

  • Cousins v. Goodier

    Publication Date: 2021-08-18
    Practice Area: Personal Injury
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE for plaintiff.
    for defendant: Rodney A. Smolla, Wilmington, DE; Douglas D. Herrmann, Troutman Pepper Hamilton Saunders LLP, Wilmington, DE for defendant.
    Case Number: D69504

    Allegedly defamatory statements constituted nonactionable opinion where the statements constituted subjective opinion and hyperbole, and the maker of the statement disclosed nondefamatory facts underlying the opinion that would allow recipients of the statement to evaluate the validity of the opinion for themselves.

  • Law Journal Press | Digital Book

    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • In re: Hurley

    Publication Date: 2021-08-11
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE, on his own behalf.
    for defendant: Ryan T. Costa,Delaware Dep’t of Justice, Wilmington, DE for the Superior Court.
    Case Number: D69499

    The trial court did not abuse its discretion in finding that an attorney's statements to the press violated a gag order, because there was a substantial likelihood that the comments would cause material prejudice.

  • Webb v. Chapman

    Publication Date: 2021-07-28
    Practice Area: Civil Rights
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69485

    In this civil rights action, plaintiff failed to adequately allege that defendants were acting under color of state law or that they engaged in a conspiracy.

  • Purnell v. State

    Publication Date: 2021-06-30
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Tiffani D. Hurst, Hurst Legal Services, Phila-delphia, PA for defendant.
    for defendant: Carolyn S. Hake, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69450

    Defendant presented an extraordinary case that he was entitled to relief on his untimely and successive post-conviction relief motion due to his trial attorney's conflict of interest.

  • United States v. Colon

    Publication Date: 2021-05-26
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Whitney C. Cloud, Jennifer K. Welsh, United States Attorney’s Office, Wilmington, DE for the government.
    for defendant: Caroline Goldner Cinquanto, Philadelphia, PA for defendant.
    Case Number: D69413

    The court granted an attorney's motion to withdraw because of a breakdown in the attorney-client rela-tionship, and it approved defendant's request for new counsel.

  • In re Maxus Energy Corp.

    Publication Date: 2021-04-21
    Practice Area: Bankruptcy
    Industry: Energy | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Sontchi
    Attorneys: For plaintiff: Adam G. Landis, Matthew B. McGuire, Landis Rath & Cobb LLP, Wilmington, DE; Victor L. Hou, Ari E. MacKinnon, Cleary Gottleib Steen & Hamilton LLP, New York, NY for YPF defendants.
    for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore, Matthew L. Nichol-son, White & Case LLP, New York, NY for liquidating trust.
    Case Number: D69369

    Bankruptcy court denied a motion to disqualify the firm that served as lead counsel for a liquidating trust, because the firm had implemented a screen with respect to an attorney who had joined the firm.