• Bank of America v. Brown

    Publication Date: 2019-10-23
    Practice Area: Occupational Safety and Health
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Paul V. Tatlow, Marshall, Dennehey, Warner, Coleman & Goggin for appellant.
    for defendant: Gary S. Nitsche and Katherine L. Hemming, Weik, Nitsche & Dougherty, LLL for appellee.

    Case Number: D68745

    The Industrial Accident Board failed to make findings that a worker's job duties were the substantial cause of her injuries.

  • Dhade v. Huntington Learning Ctrs., Inc.

    Publication Date: 2019-10-23
    Practice Area: Class Actions
    Industry: Financial Services and Banking | Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Cahall, McCormick & Priore, P.C., Wilmington, DE; Cary Ichter and William Daniel Davis, Ichter Davis LLC, Atlanta, GA for plaintiff.
    for defendant: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Scott McIntosh, Quarles & Brady LLP, Washing-ton, DC for defendants.

    Case Number: D68747

    A prospective applicant for credit lacked standing to assert a claim under the Equal Credit Opportunity Act, so the court dis-missed the complaint with prejudice.

  • Auto Equity Loans of Delaware, LLC v. Shapiro

    Publication Date: 2019-09-18
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Douglas D. Herrmann, Richard J. Zack, Alexander L. Harris, and Brian M. Nichilo, Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for plaintiff.
    for defendant: Jessica S. Davis, Senior Deputy Attorney General, and Keli M. Neary, Chief Deputy Attorney General, Office of Attorney General, Harrisburg, PA for defendant.

    Case Number: D68703

    Delaware loan originator's action challenging investigation efforts by Pennsylvania Attorney General transferred to Middle District of Pennsylvania where the claims arose there, potential witnesses were located there, and courts would be more familiar with state law issues.

  • Franklin v. Navient Corp.

    Publication Date: 2019-09-18
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ricky R. Franklin, pro se plaintiff.
    for defendant: Joelle Eileen Polesky of Stradley Ronon Stevens & Young, LLP for defendants.

    Case Number: D68705

    The court granted summary judgment in favor of defendants regarding this student loan collection matter, except for a limited issue about plaintiff's revocation of consent to receive automated calls on his cellular phone.

  • Urdan v. WR Capital Partners, LLC

    Publication Date: 2019-09-04
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Elena C. Norman, Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Louis R. Miller, Daniel S. Mil-ler and Jeffery B. White, Miller Barondess, LLP, Los Angeles, CA for plaintiffs.
    for defendant: Kenneth J. Nachbar and Alexandra M. Cumings, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for defendants.

    Case Number: D68693

    A release provision in a settlement agreement was not effective to preserve plaintiffs' rights to pursue derivative or direct claims, because they had already sold their shares pursuant to separate repurchase agreements.

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  • Windy City Inv. Holdings, LLC v. Teachers Ins. & Annuity Ass'n of Am.

    Publication Date: 2019-08-07
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: David E. Ross and Eric D. Selden, Ross, Aronstam & Moritz LLP, Wilmington, DE; K. Winn Allen, Kasdin M. Mitchell, Holly R. Trogdon and Rebecca W. Forrestal, Kirkland & Ellis LLP, Washington, DC for plaintiff.
    for defendant: Michael A. Pittenger, Jennifer C. Wasson and Tyler J. Leavengood, Potter Anderson & Corroon LLP, Wilmington, DE; Mary Eaton, Zeh Ekono and Le-Ahn Bui, Wilkie Farr & Gallagher LLP, New York, NY for defendant.

    Case Number: D68661

    Plaintiff adequately stated its claims for declaratory relief as to an earn-out provision in the parties' contract, and plaintiff was entitled to specific performance of a clause allowing access to books and records.

  • JPMorgan Chase Bank, N.A. v. Ballard

    Publication Date: 2019-07-24
    Practice Area: Patent Licensing and Transactions
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Gregory P. Williams and John D. Hendershot, Richards, Layton & Finder, P.A., Wilmington, DE; Zachary G. Newman, Annie P. Kubic, and Steven R. Aquino, Hahn & Hessen LLP, New York, NY for plaintiff.
    for defendant: Michael A. Weidinger and Elizabeth Wilburn Joyve, Pinckney, Weidinger, Urban & Joyve LLC, Greenville, DE; Andrew D. Cordo, Ashby & Geddes, P.A., Wilmington, DE; Rachel A. Kerlek, Woods, Weidenmiller, Michetti & Rudnick, LLP, Naples, FL for defendants.

    Case Number: D68640

    Although having claim against corporation sufficient to confer §174 standing, claim was untimely where the six-year limitations period was a statute of repose not subject to tolling.

  • Sun Life Assurance Co. Canada v. U.S. Bank, N.A.

    Publication Date: 2019-05-29
    Practice Area: Consumer Protection | Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Thomas J. Francella, Gregory F. Fischer, Michael J. Miller, Charles J. Vinicombe, Barry Golob, Daniel P. Thiel, Lezlie Madden and Kristin Parker, Cozen O'Connor, Wilmington, DE and Philadelphia, PA for plaintiff.
    for defendant: David J. Baldwin, Potter Anderson & Corroon LLP, Wilmington, DE; John E. Failla, Nathan Lander and Elise A. Yablonski, Proskauer Rose LLP, New York, NY for defendant.

    Case Number: D68578

    Genuine issues of material fact precluded summary judgment on defendant's counterclaims for deceptive trade practices and promissory estoppel in this insurance matter.

  • United States v. Cook

    Publication Date: 2019-05-29
    Practice Area: Banking and Finance Laws | Criminal Law
    Industry: Financial Services and Banking | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Whitney C. Cloud and Lesley F. Wolf, Assistant United States Attorneys, Wilmington, DE for the gov-ernment.
    for defendant: Thomas E. Carluccio and Frank G. Fina, Plymouth Meeting, PA for defendant.

    Case Number: D68580

    Ample evidence existed to support defendant's convictions for bank fraud and making false statements to a bank.

  • In the Matter of the Liquidation of Indem. Ins. Corp.

    Publication Date: 2019-05-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Christopher P. Simon and Kevin S. Mann, Cross & Simon, LLC, Wilmington, DE; James J. Black III, Jef-frey B. Miceli and Mark W. Drasnin, Black & Gerngross, P.C., Philadelphia, PA for Delaware Ins. Comm'r as receiver for Indemnity Ins. Co, RRG.
    for defendant: David S. Eagle, Sally E. Veghte and Francis M. Correll, Klehr Harrison Harvey Branzburg LLP, Wilming-ton, DE and Philadelphia, PA for intervening third-party plaintiff Branch Banking and Trust Co.

    Case Number: D68579

    The court granted a bank's motion for summary judgment to exclude a receiver's equitable defenses, because the bank sought only legal relief.