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Publication Date: 2023-11-27
Practice Area: Securities Litigation
Industry: Electronics | Health Care | Software
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-700-WCB
Court declined to dismiss securities and common law fraud claims where acquirer failed to disclose the existence of its obligations under a competing earnout agreement when negotiating acquisition of a company.
Publication Date: 2023-11-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: K22C-03-017 JJC
The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.
Publication Date: 2023-10-23
Practice Area: Labor Law
Industry: Health Care | Non-Profit
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.
Case Number: N22A-11-003 FWW
Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.
Publication Date: 2023-10-02
Practice Area: Patent Litigation
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Michael J. Farnan, Brian E. Farnan, Farnan LLP, Wilmington, DE; Erik B. Milch, Cooley LLP, Reston, VA; Allison Elkman, Cooley LLP, Washington, D.C.; Dena Chen, Deepa Kannappan, Cooley LLP, Palo Alto, CA for plaintiff.
for defendant: Nathan R. Hoeschen, Karen E. Keller, Shaw Keller LLP, Wilmington, DE; George Lombardi, Winston & Strawn LLP, Chicago, IL; Claire A. Fundakowski, Joseph C. Masullo, Winston & Strawn LLP, Washington, D.C.; Kelly C. Hunsaker, Michael Rueckheim, Winston & Strawn LLP, Redwood City, CA; Evan Lewis, Winston & Strawn LLP, Houston, TX for defendants.
Case Number: 19-005 (MN)
After crediting the jury's verdict of patent infringement, the court determined that plaintiff had failed to offer any evidence that would serve as a basis for damages and remitted the jury's award to nominal damages of $1.
Publication Date: 2023-09-18
Practice Area: Employment Litigation
Industry: Health Care | Legal Services
Court: Delaware Superior Court
Judge: District Judge Wharton
Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
Case Number: N20C-08-186 FWW
Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.
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Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael A. Barlow, Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Anthony Bongiorno, Jessica Reese, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA; Rollo C. Baker IV, Eric White, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
for defendant: Lewis H. Lazarus, K. Tyler O’Connell, Albert J. Carroll, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE; Timothy W. Knapp, Brendan E. Ryan, Kent J. Hayden, Kirkland & Ellis LLP, Chicago, IL for defendants.
Case Number: 2022-0289-SG
Finding that that the asset purchase agreement executed by the parties had created a scheme for prorating Medicaid reimbursement distribution payments relating to the year in which closing on the hospitals occurred consistent with defendants' construction of the agreement, the court granted partial summary judgment to defendants.
Publication Date: 2023-09-04
Practice Area: Wrongful Death
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney, P.C., Wilmington, DE for defendants.
Case Number: N22C-03-213 CEB
PREP Act immunity did not apply to complaint alleging ordinary negligence by a nursing home in failing to take steps to prevent the spread of COVID-19 to residents.
Publication Date: 2023-08-28
Practice Area: Products Liability
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.
Case Number: N17C-07-001 PPI
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Publication Date: 2023-08-21
Practice Area: Products Liability
Industry: Manufacturing | Pharmaceuticals
Court: U.S. Bankruptcy Court
Judge: Judge Davis
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.
Case Number: N17C-07-001 PPI
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Publication Date: 2023-08-21
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Daniel Rivera, Philadelphia, PA, pro se plaintiff.
for defendant: Kathleen Furey McDonough, Jennifer Penberthy Buckley, Potter Anderson & Corroon, LLP, Wilmington, DE for defendant.
Case Number: 21-1825-CFC
Court denied employer motion for summary judgment on former employee's discrimination/wrongful termination claim where employee alleged that his supervisor directed a discriminatory remark towards him, creating a triable issue of fact as to pretext where employer terminated employee for using inappropriate language but, despite being informed of the supervisor's comment, imposed no discipline on the supervisor.
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