• Cantor Fitzgerald, L.P. v. Ainslie

    Publication Date: 2024-02-12
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. C. Speed, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Virginia J. Cardenas, Sid Nadkarni, Cantor Fitzgerald, New York, NY; Benjamin R. Nagin, Eric G. Hoffman, Sidley Austin LLP, New York, NY; Tacy F. Flint, Frank J. Favia, Jr., Sidley Austin LLP, Chicago, IL for appellant.
    for defendant: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Kyle W. Roche, Kyle Roche P.A., New York, NY; Velvel Freedman, Alex Potter, Freedman Normand Friedland LLP, New York, NY for appellees.

    Case Number: 162, 2023

    A "forfeiture-for-competition" provision in a partnership agreement did not qualify as a restraint on trade, and thus partners who had negotiated and benefitted from such a term would be held to the terms of their agreement due to the Delaware Revised Uniform Limited Partnership Act's express favor for the enforceability of contracts.

  • Terreros v. State

    Publication Date: 2024-01-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Elliot M. Margules, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 435, 2022

    Cell phone data warrant was an unlawful general warrant where it lacked any temporal limitation and permitted searches of applications unconnected to the facts supporting probable cause.

  • In re Fox Corp.

    Publication Date: 2024-01-29
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Mark Lebovitch, Edward G. Timlin, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for appellants.
    for defendant: William B. Chandler III, Brad D. Sorrels, Amy L. Simmerman, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Mark R. Yohalem, Wilson Sonsini Goodrich & Rosati, P.C., Los Angeles, CA; William M. Lafferty, Susan W. Waesco, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.

    Case Number: 2022-1007

    Ability to sue corporate officers for fiduciary violations was not a "power, preference, or special right" of a class of stock and thus a proposed amendment to add an officer exculpation clause did not require a separate class vote under the Delaware General Corporation Law.

  • Hudson v. State

    Publication Date: 2024-01-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Griffiths
    Attorneys: For plaintiff: Raymond D. Armstrong, Office of Defense Services, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 303, 2022

    Court upheld the introduction of expert testimony regarding probabilistic genotyping analysis where the testing had undergone validation studies and peer review and enjoyed general acceptance by the scientific community and many other courts.

  • Employers Ins. Co. of Wasau v. First State Orthopaedics, P.A.

    Publication Date: 2024-01-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Andrew Hatchett, Tiffany Powers, Alston & Bird LLP, Atlanta, GA for appellants.
    for defendant: John S. Spadaro, John Sheehan Spadaro, LLC, Wilmington, DE; Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE for appellee.

    Case Number: 27, 2023D

    Trial court erred in concluding that medical provider had standing to challenge lawfulness of insurer's old billing codes under the workers' compensation law, where the insurer had switched to a new billing code system prior to, and independent of, the provider's lawsuit and any prospective declaratory relief would not redress the claimed injury.

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    New Jersey Estate Litigation 2014

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

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  • Salt Meadows Homeowners Ass'n, Inc. v. Zonko Builders, Inc.

    Publication Date: 2024-01-15
    Practice Area: Damages
    Industry: Construction | Hospitality and Lodging | Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
    for defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.

    Case Number: 94, 2023

    Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.

  • El-Abbadi v. State

    Publication Date: 2024-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Santino Ceccotti, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Kathryn J. Garrison, Department of Justice, Wilmington, DE for appellee.

    Case Number: 364, 2022

    Defendant was not entitled to lesser-included offense instruction where there was no set of facts that would permit acquittal on the charged offense but could support conviction on a lesser-included offense.

  • Lebanon County Employees' Ret. Fund v. Collis

    Publication Date: 2024-01-01
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Samuel L. Closic, Eric J. Juray, Prickett, Jones & Elliott, P.A., Wilmington, DE; Gregory V. Varallo, Andrew Blumberg, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE for appellants.
    for defendant: Stephen C. Norman, Jennifer C. Wasson, Tyler J. Leavengood, Christopher D. Renaud, Potter Anderson & Corroon LLP, Wilmington, DE; Michael S. Doluisio, Brittany Zoll, Christopher J. Merken, Dechert LLP, Philadelphia, PA; Matthew L. Larrabee, Hayoung Park, Julia Markham-Cameron, Dechert LLP, New York, NY; Michael D. Blanchard, Amelia Pennington, Morgan, Lewis & Bockius, LLP, Boston, MA for appellees.

    Case Number: 22, 2023

    Chancery court erred in adopting West Virginia court's factual findings through judicial notice where such facts were disputed by the parties to the present action.

  • Elzufon, Austin, Tarlov & Mondell, P.A., v. Lewis

    Publication Date: 2023-12-18
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.

    Case Number: 47, 2023

    Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.

  • Martin v. State

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 2111004614(N)

    Increasing sentence from suspended fine to term of incarceration did not violate double jeopardy where defendant lacked a reasonable expectation of finality in a larger sentencing plan and where the state's time to appeal the sentence had not yet elapsed.