• Urvan v. AMMO, Inc.

    Publication Date: 2024-03-11
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Manufacturing | Retail
    Court: Court of Chancery
    Judge: Judge Wallace
    Attorneys: For plaintiff: Kevin M. Coen, Rachel R. Tunney, Morris, Nichols, Arsht & Tunnel LLP, Wilmington, DE; Nicholas Cutaia, Jaclyn Grodin, Goulston & Storrs PC, New York, NY; Joshua M. Looney, Nora A. Saunders, Goulston & Storrs PC, Boston, MA for plaintiff.
    for defendant: A. Thompson Bayliss, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for defendants.

    Case Number: 2023-0470 PRW

    Although claimant had potentially known about facts underlying fraud/misrepresentation claims for some time, the court declined to apply laches to bar the claims where they were filed within the analogous statutes of limitations. Plaintiff's motion to dismiss denied; defendants' motion to dismiss granted in part and denied in part.

  • RGIS Int'l Transition Holdco, LLC v. Retail Serv. WIS Co.

    Publication Date: 2024-02-26
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Christopher P. Simon, David G. Holmes, Cross & Simon, LLC, Wilmington, DE; Jed M. Schwartz, Christopher Almon, Michael T. Frieda, Milbank LLP, New York, NY for plaintiffs.
    for defendant: Steven T. Margolin, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.

    Case Number: N21C-12-077

    Conspiracy and aiding and abetting fraud claims against corporate officers failed where there were no allegations that officers acted out of some personal motivation rather than in their officer roles, precluding an exception to the rule that a corporation cannot conspire with its officers.

  • Alexion Pharm., Inc. v. Endurance Assurance Corp.

    Publication Date: 2024-02-26
    Practice Area: Insurance Law
    Industry: Insurance | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel M. Silver, Benjamin A. Smith, McCarter & English, LLP, Wilmington, DE; Robin L. Cohen, Cynthia M. Jordano, David J. Matulewicz-Crowley, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiff.
    for defendant: Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE; Jeanette L. Dixon, Manning & Kass, Ellrod, Ramriez, Trester LLP, New York, NY; John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, Wilmington, DE; James Sandnes, Sarah F. Voytryas, Skarzynski Marick & Black, LLP, New York, NY; Bruce W. McCullough, Bodel Bové, LLC, Wilmington, DE; Ronald P. Schiller, Thomas N. Brown, Daniel J. Layden, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; R. Grant Dick, Cooch and Taylor, P.A., Wilmington, DE; Courtney E. Scott, Tressler LLP, New York, NY for defendants.

    Case Number: N22C-10-340

    Court found that coverage exclusion in defendants' insurance tower for insured's securities action was not triggered where prior SEC subpoena was, at best, tangentially related to the action as the subpoena and the action focused on two different types of alleged improper conduct.

  • State v. Calhoun

    Publication Date: 2024-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Karl Schwartz, Catherine Trama, Wiseman & Schwartz, Philadelphia, PA for defendant.

    Case Number: 1804000397

    Ineffective assistance of counsel claims failed where trial counsel's preparation and examination of witnesses was reasonable trial strategy to avoid playing into the state's theory of voluntary intoxication, and where any additional evidence was unlikely to have changed the verdict from guilty but mentally ill to not guilty by reason of insanity.

  • NSI-MI Holdings, LLC v. AMETEK, Inc.

    Publication Date: 2023-11-27
    Practice Area: Mergers and Acquisitions
    Industry: Manufacturing | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Katharine L. Mowery, Dorronda Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; David W. Long-Daniels, M. Allyson Lumpkin, Ansley K. Fantaski, Squire Patton Boggs (US) LLP, Atlanta, GA for plaintiff.
    for defendant: Joanna J. Cline, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Michael S. Hino, Troutman Pepper Hamilton Sanders LLP, Berwyn, PA for defendant.

    Case Number: N22C-08-489

    Court ordered escrow released where company had failed to state a valid claim for indemnification as it had not identified any extant loss that it had incurred or paid for.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Envolve Pharmacy Solutions, Inc. v. Rite Aid Hdqtrs. Corp

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Insurance | Pharmaceuticals | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallace
    Attorneys: For plaintiff: Karen Jacobs, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Keith J. Harrison, Christopher Flynn, Daniel W. Wolff, Jerome P. DeSanto, Jed Wulfekotte, Cromwell & Moring, LLP, Washington, DC for plaintiffs.
    for defendant: Corrine Elise Amato, Eric J. Juray, Jason W. Rigby, Prickett, Jones & Elliot, P.A., Wilmington, DE; Neil K. Gilman, Christopher J. Dufek, Brianne Reese, Hunton Andrews Kurth LLP, Washington DC; John B. Shely, Courtney B. Glaser, Kesley J. Hope, Hunton Andrews Kurth LLP, Houston, TX for defendants.

    Case Number: N19C-12-214 PRW CCLD

    Court denied plaintiffs' motion for JNOV/new trial where there were sufficient facts to support the jury's verdict finding in favor of defendants' affirmative defenses of the statute of limitations and voluntary payment.

  • Bajwa v. Millcreek Shopping Ctr. LLC

    Publication Date: 2023-08-28
    Practice Area: Personal Injury
    Industry: Construction | Real Estate | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: James P. Hall, Phillips, McLaughlin & Hall, P.A. Wilmington, DE, attorney for plaintiff.
    for defendant: Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE; Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.

    Case Number: N21C-08-110 PRW

    Court denied summary judgment to shopping center owner in premises liability action where there were genuine issues of material fact regarding whether agreement with maintenance company constituted owner relinquishing possession and actual control of the premises.

  • State v. Holmes

    Publication Date: 2023-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel B. McBride, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Robert M. Gamburg, Gamburg & Benedetto LLC, Philadelphia, PA; Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: 2203012514

    Search warrant was supported by probable cause where police obtained various articulable facts indicating that an apartment and storage unit were used by defendant for stashing drugs, with that suspicion confirmed by a non-Fourth Amendment canine sniff.

  • Harman Int'l Indus. Inc. v. Illinois Nat'l Ins. Co.

    Publication Date: 2023-05-09
    Practice Area: Insurance Law
    Industry: Electronics | Insurance | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Robin L. Cohen, Lorrie A. Levy, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiff.
    for defendant: Kurt M. Heyman, Aaron M. Nelson, Kelly E. Rowe, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Alexander S. Lorenzo, Alston & Bird LLP, New York, NY: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Neal M. Glazer, London Fischer LLP, New York, NY; Cara T. Duffield, Wiley Rein LLP, Washington, DC for defendants.

    Case Number: N22C-05-098 PRW CCLD

    Court declined to resolve directors and officers policy coverage dispute via motion where the record was insufficient to determine whether underlying transaction and resulting securities lawsuit settlement fell within the scope of the D&O policy's exclusion.

  • CRE Niagara Holdings, LLC v. Resorts Group, Inc.

    Publication Date: 2023-04-25
    Practice Area: Contracts
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N20C-05-157 PRW CCLD

    Court declined to dismiss case for lack of subject matter jurisdiction where it had already ruled that a Delaware forum selection clause in one of the parties' agreements covered plaintiffs' claims, and any risk of duplicative litigation was caused by the parties' tactical decisions to litigate in two jurisdictions to try to obtain their preferred forum.