• Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2020-05-27
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68993

    Factual issues remained regarding the statute of limitations, so the court denied that aspect of defendant's motion for summary judgment.

  • The Am. Bottling Co. v. Repole

    Publication Date: 2020-05-27
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Garrett B. Moritz and Anne M. Steadman, Ross Aronstam& Moritz LLP, Wilmington, DE; Robert C. Walters, Russell H. Falconer, and Megan Z. Hulce, Gibson Dunn & Crutcher LLP, Dallas, TX for plaintiff.
    for defendant: A. Thompson Bayliss and Daniel J. McBride, Abrams & Bayliss LLP, Wilmington, DE; David H. Bernstein, Jyotin Hamid, Jared I. Kaga, and Matthew J. Patrozziello, Debevois& Plimpton LLP, New York, NY for defendants.

    Case Number: D68991

    Attorney-client privilege waived for communications disclosed to counterparty in merger transaction where the merger parties' shared interests were commercial rather than legal in nature.

  • Wilant v. BNSF Ry. Co.

    Publication Date: 2020-05-27
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci and Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camile Reifers, Boyle Brasher, LLC , Memphis, TN for defendant.

    Case Number: D68997

    The court granted a motion to exclude the testimony of plaintiff's causation expert.

  • United States v. Sanchez

    Publication Date: 2020-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jesse S. Wenger, Assistant United States Attorney, Wilmington, DE for the government.
    for defendant: Mark S. Greenberg, Blue Bell, PA for defendant.

    Case Number: D68996

    The court denied defendant's motion to suppress, because police had found a handgun in defendant's ve-hicle pursuant to a valid traffic stop.

  • First State Orthopaedics v. Employers Ins. Co. of Wausau

    Publication Date: 2020-05-27
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John S. Spandaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; D. Andrew Hatchett, Tiffany Powers and Robert Poole, Alston & Bird, Atlanta, GA for defendants.

    Case Number: D68994

    Defendants' voluntary cessation of a business practice did not cause the parties' controversy to become moot, because defendants left open the possibility of returning to that practice in the future.

  • Adams v. Klein

    Publication Date: 2020-05-27
    Practice Area: Corporate Governance
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; Michael B. de Leeuw, Matthew L. Elkin, and Martin Bloor, Cozen O’Connor, New York, NY for plaintiffs.
    for defendant: Andrew L. Cole and Bradley P. Lehman, Cole Schotz, Wilmington, DE; Steven R. Klein and Rachel A. Mongiello, Cole Schotz, Hackensack, NJ for defendant.

    Case Number: D68990

    Tortious interference counterclaim brought by LLC member terminated as CEO dismissed on summary judgment where the LLC duty of loyalty did not extend to members acting with respect to one another in the employment context.

  • Drumgo v. Kuschel

    Publication Date: 2020-05-27
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68992

    District court erred in granting qualified immunity to corrections officer where there were genuine disputes of material fact as to whether the officer's frisk search went beyond the bounds of legitimate penological interests and constituted a sexual assault.

  • Riker v. Teucrium Trading, LLC

    Publication Date: 2020-05-27
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Michael F. Bonkowski and Andrew L. Cole, Cole Schotz P.C., Wilmington, DE; Roger A. Lane and Courtney Worcester, Foley & Lardner LLP, Boston, MA for plaintiff.
    for defendant: T. Brad Davey and Mathew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Barry S. Pollack and Joshua L. Solomon, Pollack Solomon Duffy LLP, Boston, MA for defendant.

    Case Number: D68995

    In this books and records request matter, the court held that plaintiff was entitled to certain documents to value his interest, but the court denied other aspects of his request.

  • GXP Capital, LLC v. Argonaut Mfg. Serv., Inc.

    Publication Date: 2020-05-20
    Practice Area: Contractual Disputes
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE; Benjamin M. Carson, Law Offices of Benjamin M. Carson, La Jolla, CA for plaintiff.
    for defendant: John L. Reed, Harrison S. Carpenter, of DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Noah A. Katsell and Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.

    Case Number: D68985

    Defendants were entitled to relief based on forum non conveniens, but instead of dismissal, the court imposed a stay.

  • Setya v. Petitto

    Publication Date: 2020-05-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Matthew R. Hindley, Reger, Rizzo & Darnall, LLP, Wilmington, DE for defendant.

    Case Number: D68988

    The court denied motions to exclude reference to plaintiff's gross earnings and to prevent plaintiff's experts from testifying, but limited the scope of the experts' testimony.