• Mehta v. Mobile Posse, Inc.

    Publication Date: 2019-05-22
    Practice Area: Mergers and Acquisitions
    Industry: Advertising | Investments and Investment Advisory | Software
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Marcus E. Montejo and John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE for plaintiff.
    for defendant: Rafael X. Zahralddin and Jonathan M. Stemerman, Elliott Greenleaf, P.C., Wilmington, DE for defendants.

    Case Number: D68470

    In this case involving a corporate merger, the company and its board were not entitled to judgment on the pleadings where they did not comply with statutory notice requirements regarding appraisal rights.

  • Leaf Invenergy Co. v. Invenergy Renewables LLC

    Publication Date: 2019-05-22
    Practice Area: Damages | Deals and Transactions
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Bradley D. Sorrels, Shannon E. German, Andrew D. Berni, Keith E. Eggleton, Steven D. Guggenheim and David A. McCarthy, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE and Palo Alto, CA for plaintiff.
    for defendant: Kenneth J. Nachbar, Kevin M. Coen, Zi-Xiang Shen and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Bruce S. Sperling, Harvey J. Barnett and Eamon P. Kelly, Sperling & Slater, P.C., Chicago, IL for defendant.

    Case Number: D68469

    The parties' agreement unambiguously required consent or the redemption of shares in the event of a sale, and because de-fendant chose to do neither, plaintiff was entitled to damages.

  • Arch Ins. Co. v. Murdock

    Publication Date: 2019-05-22
    Practice Area: Corporate Governance | Insurance Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert J. Katzenstein and Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Ronald P. Schiller, Daniel J. Layden, and Bonnie M. Hoffman, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; Michael L. Manire and Deeanna M. Galla, Manire & Galla LLP, New York, NY; Robert P. Colon and Kevin A. Lahm, Walker Wilcox Matousek LLP, Chicago, IL; Merril Hirsh, Merril Hirsh PLLC, Washington, DC for plaintiffs.
    for defendant: Elena C. Norman and Mary F. Dugan, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Kirk A. Pasich and Pamela Woods, Pasich LLP, Los Angeles, CA; Mikaela Whitman and Jeffrey L. Schulman, Pasich LLP, New York, NY for defendants.

    Case Number: D68467

    Summary judgment in insurers' declaratory judgment action regarding coverage obligations denied in part where there was a genuine issue of material fact as to whether insurers unreasonably withheld consent to covered settlement or whether insureds breached cooperation clause by failing to respond to certain document and information requests by insurers.

  • Irwin v. Shelby

    Publication Date: 2019-05-22
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Leslie B. Spoltore, Obermayer Maxwell Rebmann & Hippel LLP, Wilmington, DE for appellant.
    for defendant: Melissa L. Dill, Liguori & Morris, Dover, DE for appellee.

    Case Number: D68468

    Family court did not err in awarding mother sole legal custody and primary residential placement, when neither parent requested such an arrangement, where the record supported the family court's rejection of father's expert's conclusions and reliance on father's history of domestic violence against mother to determine the custody award was in the parties' children's best interest.

  • AlixPartners, LLP v. Benichou

    Publication Date: 2019-05-22
    Practice Area: Intellectual Property | Trade Secrets
    Industry: Consulting
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Bradley R. Aronstam, Eric D. Selden, and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Robert S. Berezin and Nicholas J. Pappas, Weil, Gotshal & Manges, LLP, New York, NY for plaintiffs.
    for defendant: John P. DiTomo, Matthew R. Clark, and Barnaby Grzaslewicz, Morris, Nicholds, Arsht & Tunnell LLP, Wilmington, DE for defendant.

    Case Number: D68466

    The court adopted the narrow version of liability under the Computer Fraud and Abuse Act, which only imposed liability for unauthorized access of computer systems, rather than for misuse of computer systems and files that were otherwise accessed under proper authorization.

  • Port Penn Hunting Lodge Ass'n v. Meyer

    Publication Date: 2019-05-22
    Practice Area: Public Utilities | Real Estate
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno P.A., Wilmington, DE for petitioner.
    for defendant: Max B. Walton and Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Brian J. Merritt, New Castle County Office of Law, New Castle, DE for respondents.

    Case Number: D68472

    Landowner failed to adequately allege that the county improperly refused to provide sewer service to the subject property.

  • P & TI Acquisition Co. v. Morgenthaler Partners VII, LP

    Publication Date: 2019-05-22
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: David A. Dorey, Craig N. Haring, Steven J. Roman and Adrien C. Pickard, Blank Rome LLP, Wilmington, DE and Washington, D.C. for plaintiff.
    for defendant: Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Robert S. Faxon and Michael A. Platt, Jones Day, Cleveland, OH for defendant.

    Case Number: D68471

    The court dismissed plaintiff's breach of contract claim for failure to state a claim, and it dismissed a claim for breach of the im-plied covenant of good faith and fair dealing because the parties' agreement expressly addressed the issue.

  • Ultravision Tech., LLC v. RMG Networks Holding Corp.

    Publication Date: 2019-05-22
    Practice Area: Patent Litigation
    Industry: Advertising | Electronics
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Alfred R. Fabricant, Lawrence C. Drucker, Peter Lambrianakos, Vincent J. Rubino, III, Joseph M. Mercadante and Alessandra C. Messing, Brown Rudnick LLP, New York, NY for plaintiff.
    for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett Charhon, Martin C. Robson and Anthony M. Garza, Charhon Callahan Robson & Garza, PLLC, Dallas, TX for defendant.

    Case Number: D68473

    The court exercised its discretion to transfer this patent infringement action to a federal district court in another state for the convenience of the parties and witnesses, and because neither of the parties had their headquarters or operations in Delaware.

  • Coyne v. Fusion Healthworks, LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities | Trusts and Estates
    Industry: Health Care | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
    for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.

    Case Number: D68558

    Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.

  • Freeman Family LLC v. Park Avenue Landing LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Patricia L. Enerio and Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
    for defendant: Thad J. Bracegirdle and Scott B. Czerwonka, Wilks Lukoff and Bracegirdle, LLC, Wilmington, DE; Adam K. Derman and Brian P. O'Neill, Chiesa Shahinian & Giantomasi PC, West Orange, NJ for defendant.

    Case Number: D68562

    A member of a limited liability company was functioning in its official capacity, so it was entitled to advancement and fees-on-fees under the terms of the operating agreement.