• In re: Pursuit Capital Mgmt., LLC

    Publication Date: 2018-11-14
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Silverstein
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68352

    Adversary proceeding not dismissed on jurisdictional grounds where bankruptcy trustee could assign debtor's legal claims to creditors, since those creditors would ultimately benefit from a distribution of any recovery on those claims.

  • Drummond v. Amazon.com

    Publication Date: 2018-11-14
    Practice Area: Civil Rights | Labor Law
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Tia Drummond, Newark, DE, pro se plaintiff
    for defendant: Justin K. Victor of Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.

    Case Number: D68350

    Hostile work environment claim dismissed where plaintiff failed to establish how two alleged incidents were connected to her gender or race, where those incidents were not severe or pervasive, and where employer provided plaintiff with means to report such incidents and took remedial action in response to plaintiff's reports.

  • Patrone v. Commerce Assoc. LP

    Publication Date: 2018-11-14
    Practice Area: Discovery | Dispute Resolution | Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68355

    The court severed claims that were covered by an arbitration clause, but it denied a motion to dismiss on the remaining claims because discovery was necessary for the resolution of certain factual issues.

  • Hughes v. Berryhill

    Publication Date: 2018-11-14
    Practice Area: Administrative Law | Evidence
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68357

    An administrative law judge properly denied plaintiff's request for Social Security disability benefits where the record indicated that her medical condition did not prevent her from performing sedentary work with some physical limitations.

  • BRP Hold Ox, LLC v. Chilian

    Publication Date: 2018-11-14
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Scott T. Earle of Zarwin Baum DeVito Kaplan Schaer Toddy P.C., Wilmington, DE for plaintiffs
    for defendant: Christopher Viceconte of Gibbons P.C., Wilmington, DE formerly for defendant.

    Case Number: D68353

    A defendant failed to sufficiently allege counterclaims for tortious interference, malicious prosecution, abuse of process, or declaratory relief.

  • Post Holdings, Inc. v. NPE Seller Rep LLC

    Publication Date: 2018-11-14
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Rodger D. Smith II, Ryan D. Stottmann and Alexandra M. Cumings of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Richard B. Walsh, Jr. and Evan Z. Reid of Lewis Rice LLC, St. Louis, MO for plaintiffs.
    for defendant: Kevin R. Shannon, Christopher N. Kelly and Jay G. Stirling of Potter, Anderson & Corroon LLP, Wil-mington, DE; William C. O'Neil, Jeffrey J. Huelskamp and Michael A. Meneghini of Winston & Strawn LLP, Chicago, IL for defendants.

    Case Number: D68356

    Plaintiffs could not enjoy benefits under the contract while refusing to perform their obligations under it.

  • Wigginton v. Advance Auto Parts, Inc.

    Publication Date: 2018-11-14
    Practice Area: Class Actions | Securities Litigation
    Industry: Automotive | Legal Services | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Brian E. Farnan and Michael J. Farnan of Farnan LLP, Wilmington, DE; Phillip Kim of The Rosen Law Firm, P.A., New York, NY; Peter B. Andrews, Craig J. Springer and David M. Sborz of Andrews & Springer LLC, Wilmington, DE; Ira M. Press, David A. Bishop and Thomas E. Elrod of Kirby Mcinerney LLP, New York, NY; Jeffrey M. Gorris and Christopher P. Quinn of Friedlander & Gorris, P.A., Wilmington, DE; Danielle S. Myers of Robbins, Geller, Rudman & Dowd LLP, San Diego, CA; P. Bradford deLeeuw of Rosenthal, Monhait & Goddess, P.A.; Naumon A. Amjed, Darren J. Check and Ryan T. Degnan of Kessler Topaz Meltzer & Check, LLP, Radnor, PA, attorneys for plaintiffs
    for defendant: Samuel A. Nolen and Katharine L. Mowrey of Richards Layton & Finger, P.A.; Douglas P. Baumstein and Susan L. Grace of White & Case LLP, New York, NY, attorneys for defendants.

    Case Number: D68351

    Institutional investor with largest financial interest in putative securities fraud class action was entitled to presumption as lead plaintiff despite falling afoul of the 5-in-3 Rule due to the statutory preference for institutional investors serving as lead plaintiffs in securities class actions.

  • In the Matter of H.M. Mosher Trust

    Publication Date: 2018-11-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Peter S. Gordon and William M. Kelleher of Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Alan T. Yoshitake and Patricia N. Chock of Seyfarth Shaw LLP, Los Angeles, CA for petitioners.
    for defendant: Jon E. Abramczyk, Todd A. Flubacher and Matthew R. Clark of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Robert N. Sacks and Matthew W. McMurtrey of Sacks, Glazier, Franklin & Lodise LLP, Los Angeles, CA for respondent.

    Case Number: D68354

    Based on the plain language of a trust, the settlor intended to provide for a per stirpes distribution.

  • Cabela's LLC v. Wellman

    Publication Date: 2018-11-07
    Practice Area: Labor Law
    Industry: Entertainment and Leisure | Retail
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Sean M. Berkowitz, Matthew W. Walch, Reuben J. Stob, Latham & Watkins LLP, Chicago, IL, attorneys for plaintiff
    for defendant: Henry E. Gallagher, Timothy M. Holly, Mary I. Akhimien, Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE; Patrick J. Barrett, Rhianna A. Kittrell, Fraser Stryker PC LLO, Omaha, NE, attorneys for defendants.

    Case Number: D68343

    Non-compete provision unenforceable against employees under applicable Nebraska law where state's public policy precluded employers' restriction on employees' post-employment use of general skill, but confidentiality and non-solicitation agreements enforceable to protect employer from improper and unfair competition.

  • State of Delaware v. Byard

    Publication Date: 2018-11-07
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi, Erik C. Towne, Department of Justice, Wilmington, DE, attorneys for the state
    for defendant: Michael W. Modica, Wilmongton, DE, attorney for defendant.

    Case Number: D68349

    Where the state elicited testimony tending to show that defendant avoided cooperating with a police investiga-tion, he was entitled to a new trial.