• In re Physiotherapy Holdings, Inc.

    Practice Area: Bankruptcy|Business Torts
    Industry: Health Care
    Date Filed: 2017-11-15 00:00:00:000
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A

    Docket Number: D67939

    Bankruptcy court determined that: 1) recovery for a fraudulent transfer is not capped by the amount of the creditor claims; 2) a result which allowed a defendant who engaged in a fraudulent transfer to keep most or all of the transferred money was inequitable; 3) a trustee may avoid a transfer beyond the extent necessary to satisfy a creditors claim; and 4) if the litigation trustee was successful, the court found no windfall to the creditors from recovery in the fraudulent transfer action.

  • A. Schulman, Inc. v. Citadel Plastic Holdings, LLC

    Practice Area: Business Torts|Civil Procedure|Contracts
    Industry:
    Date Filed: 2017-11-15 00:00:00:000
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Paul J. Lockwood, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, attorney for plaintiff
    for defendant: David E. Ross, Eric D. Selden, and Nicholas D. Mozal, Aronstam & Moritz LLP, Wilmington, DE, attorneys for defendants.

    Docket Number: D67934

    Defendants motion for stay after several defendants receipt of subpoenas in criminal investigation denied where lack of pending indictments meant that plaintiffs and the publics interest in civil action proceeding to trial outweighed remote possibility of prejudice to defendants in any future criminal proceedings.

  • Horvat v. State of Delaware Office of Management & Budget

    Practice Area: Government|Premises Liability
    Industry: State and Local Government
    Date Filed: 2017-11-15 00:00:00:000
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: William D. Fletcher for plaintiff
    for defendant: Joseph C. Handlon and Lynn A. Kelly for the state.

    Docket Number: D67938

    Sovereign immunity and the Tort Claims Act shielded the state from liability in this slip-and-fall matter involv-ing the clearing of a courthouse parking lot covered in snow and ice.

  • Raytheon Co. v. BAE Sys. Tech. Solutions & Serv. Inc.

    Practice Area: Contractual Disputes
    Industry: Health Care
    Date Filed: 2017-11-15 00:00:00:000
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jack B. Jacobs, Mark D. Hopson, Gordon D. Todd and Daniel J. Feith for plaintiff
    for defendant: John A. Sensing, Matthew F. Davis, Jesse L. Noa, Gregory M. Williams, Richard W. Smith and Katherine C. Campbell for defendant.

    Docket Number: D67941

    Plaintiffs breach of contract claim was dismissed because the contract specifically allowed defendant to ter-minate if doing so was in its best interest.

  • Greenstar IH REP, LLC v. Tutor Perini Corp.

    Practice Area: Contracts|Mergers and Acquisitions
    Industry: Construction
    Date Filed: 2017-11-15 00:00:00:000
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Kenneth J. Nachbar, Lauren Neal Bennett, Ira Lee Sorkin and Amit Sondhi for plaintiffs
    for defendant: Brian C. Ralston, Aaron R. Sims, Kwesi Atta-Krah, Nomi L. Castle and Matthew J. Luce for defendant.

    Docket Number: D67937

    The unambiguous terms of a merger agreement required the payment of earn-out consideration after pre-tax profit reports became binding.

  • Murphy v. Pentwater Capital Management LP

    Practice Area: Civil Procedure|Employment Litigation
    Industry: Investments and Investment Advisory
    Date Filed: 2017-11-15 00:00:00:000
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Thomas M. Horan and Johnna M. Darby for plaintiff
    for defendant: John L. Reed, Ethan H. Townsend and Harrison S. Carpenter for defendants.

    Docket Number: D67940

    The court lacked personal jurisdiction over an individual defendant whose only connection to the state was as the CEO for two Delaware corporations.

  • Encore Preakness, Inc. v. Chestnut Health and Rehab. Grp., Inc.

    Practice Area: Business Torts|Contracts|Creditors' and Debtors' Rights
    Industry: Health Care
    Date Filed: 2017-11-15 00:00:00:000
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Nancy S. Rappaport and Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Brooke Madonna, Spector Gadon & Rosen, Philadelphia, PA, attorneys for defendants.

    Docket Number: D67936

    Plaintiff could pursue tortious interference claim against administrative services providers to healthcare facilities plaintiff contracted with, where plaintiff alleged that service providers failure to act consistently in their agreements with the facilities interference with the facilities performance under their contracts with plaintiff.

  • BioVeris Corp. v. Meso Scale Diagnostics, LLC

    Practice Area: Civil Procedure
    Industry: Biotechnology|Health Care
    Date Filed: 2017-11-15 00:00:00:000
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Joel Friedlander and Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Nancy J. Sennett, James T. McKeown, and Eric L. Maassen, Foley & Larnder LLP, Milwaukee, WI, attorneys for plaintiff
    for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Mark C. Hansen, Michael J. Guzman, Joshua Hafenbrack, and Hilary P. Gerzhoy, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC, attorneys for defendants.

    Docket Number: D67935

    Plaintiffs claim for breach of settlement barred by laches where plaintiff failed to bring claim within analogous statute of limitations, and no extraordinary circumstances were present to excuse plaintiffs delay in bringing its action.

  • Mooney v. Pioneer Natural Resources Co.

    Practice Area: Business Torts
    Industry: Energy|Investments and Investment Advisory
    Date Filed: 2017-11-08 00:00:00:000
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: N/A
    for defendant: William M. Lafferty, Susan W. Waesco, Richard Li, Kevin T. Abikoff and Benjamin Britz for defendant.

    Docket Number: D67931

    Plaintiffs allegations regarding fraud were conclusory and did not put defendant on notice of the precise misconduct with which it was charged, nor did plaintiff adequately plead facts related to his claimed financial loss.

  • Prime Rock Energy Capital, LLC v. Vaquero Operations, Ltd.

    Practice Area: Civil Procedure|Contractual Disputes
    Industry: Mining and Resources
    Date Filed: 2017-11-08 00:00:00:000
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Seth A. Niederman and Courtney A. Emerson for plaintiff
    for defendant: Matthew L. Miller, Kevin G. Abrams, John M. Seaman and E. Wade Houston for defendant.

    Docket Number: D67933

    The court had personal jurisdiction over the defendant where the parties contract designated Delaware as the forum for resolving any disputes.

  • In re Good Technology. Corp. Stockholder Litig.

    Practice Area: Corporate Entities|Corporate Governance
    Industry: Technology Media and Telecom
    Date Filed: 2017-11-08 00:00:00:000
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, and Christopher P. Quinn, Friedlander & Gorris, P.A., Wilmington, DE; Randall J. Barron, A. Rick Atwood, and Esther Lee, Robbins Geller Rudman & Dowd LLP, San Diego, CA, attorneys for plaintiffs
    for defendant: Peter J. Walsh, Jr., Frank R. Martin, and Travis R. Dunkelberger, Potter Anderson & Corroon LLP, Wilmington, DE; William M. Lafferty, Ryan D. Stottman, and Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Edward B. Micheletti, Alyssa S. O'Connell, Sarah Runnells Martin, and Lauren N. Rosenello, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, attorneys for defendants.

    Docket Number: D67927

    Submitting disputes to sole authority and exclusive jurisdiction of neutral party indicated parties intent to submit to arbitration, and designated neutral with conflicts of interest had authority to rule on procedural matters of appointing alternate arbiter.