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Publication Date: 2021-11-30
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Kenneth J. Nachbar, Megan Ward Cascio, Sabrina M. Hendershot, Morris, Nichols, Arsht, & Tunnell, LLP, Wilmington, DE, for appellant.
for defendant: Daniel R. Miller, Walden, Macht & Haran, LLP, Philadelphia, PA, for appellee.
Case Number: D69624
The court, in its en banc opinion, answered three certified questions that arose in District Court litigation: first, a death benefit payment made on a void insurance policy still qualified as a payment under a contract within the meaning of 18 Del. C. § 2704(b); second, the use of nonrecourse funding to pay premiums was not a violation of the insurance code without a showing of bad faith; third, fraud in an insurance application did not bar an estate's claim under § 2704(b) when the recipient of the death benefits cannot establish th
Publication Date: 2021-11-16
Practice Area: Patent Licensing and Transactions
Industry: Pharmaceuticals
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Joseph B. Warden, Douglas E. McCann, Fish & Richardson P.C., Wilmington, DE for appellants.
for defendant: Daniel A. O’Brien, Venable LLP, Wilmington, DE; Christopher P. Borello, Joshua D. Calabro, Venable LLP, New York, NY for appellee.
Case Number: D69609
The court affirmed the Court of Chancery ruling that the license agreement required appellant to provide a power of attorney to appellee for prosecution of product patents but held, contrary to the Court of Chancery, that the licensor/patent holder had advance approval rights for filings relating to its intellectual property incorporated into the subject product such that appellant was not required to give power of attorney for licensee to file a terminal disclaimer.
Publication Date: 2021-09-22
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE for the state.
for defendant: Benjamin S. Gifford IV, Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.
Case Number: D69549
The trial court erred in refusing to grant defendant's motion to suppress because a search warrant lacked particularity, and allowing the state to introduce information gleaned from defendant's smartphone into evidence was not harmless error.
Publication Date: 2021-07-21
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Wilmington, DE; Michael K. Ross, Thomas Shakow, Serine Consolino, Sean Roberts, Aegis Law Group LLP, Washington, DC for plaintiff.
for defendant: Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC for defendants.
Case Number: D69471
Chancery court erred in ruling that stock sale to break shareholder deadlock and avoid shareholder's action for appointment of a custodian for the company was permissible if the stock was sold at a fair price, as the company and its board and other shareholder were obligated to demonstrate a compelling justification for conducting the sale.
Publication Date: 2021-06-16
Practice Area: Administrative Law
Industry: State and Local Government | Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Brian M. Rostocki, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Sara A. Lima, Reed Smith LLP, Philadelphia, PA for defendant.
Case Number: D69437
Where defendant made a particularized showing regarding an improper purpose in connection with an agency's issuance of a governmental subpoena, the court was entitled to request further submissions before deciding the matter.
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Publication Date: 2021-06-02
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE for plaintiff.
for defendant: John L. Reed, Peter H, Kyle, DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
Case Number: D69418
The Delaware Supreme Court concluded that the lower court did not abuse its discretion in staying this ac-tion to permit plaintiff to file an action in a more convenient forum.
Publication Date: 2021-04-14
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Sean P. Lugg, Delaware Dep’t of Justice, Wilmington, DE for the state.
for defendant: Megan J. Davies, Jan A.T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for defendant.
Case Number: D69364
The trial court did not err in denying defendant's motion to sever his case for trial in this criminal racket-eering matter.
Publication Date: 2021-02-10
Practice Area: Mergers and Acquisitions
Industry: Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Michael J. Barry, Rebecca A. Musarra, Grant & Eisenhoffer P.A., Wilmington, DE; Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrews & Springer LLC, Wilmington, DE; Jeremy S. Friedman, Spencer Oster, David F.E. Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY for plaintiff.
for defendant: Robert S. Saunders, Ronald N. Brown, III, Ryan M. Linsay, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Noelle M. Reed, Daniel S. Mayerfeld, Skadden, Arps, Slate, Meagher & Flom LLP, Hou-ston, TX for defendant.
Case Number: D69293
The trial court erred in applying a litigation risk discount on a motion to dismiss for lack of standing.
Publication Date: 2020-12-30
Practice Area: Environmental Law
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Kenneth T. Kristl, Environmental & Natural Resources Law Clinic, Widener University Delaware Law School, Wilmington, DE for appellants.
for defendant: Devera B. Scott, Kayli H. Spialter, Department of Justice, Dover, DE; R. Judson Scaggs, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D69239
Wastewater treatment facility applicant was not required to submit new reports required under revised regulations where it submitted application to amend existing permit issued prior to adoption of the revised regulations, and DNREC determined, in its discretion, the proposed changes were not substantial enough to require a new permit.
Publication Date: 2020-12-23
Practice Area: Contractual Disputes
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Elena C. Norman, Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Louis R. Miller, Daniel S. Miller, Jeffery B. White, Miller Barondess, LLP, Los Angeles, CA for plaintiffs.
for defendant: Kenneth J. Nachbar, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for de-fendants.
Case Number: D69235
Stock repurchase agreements conflicted with the terms of a settlement agreement, so plaintiffs were barred from pursuing claims for breach of fiduciary duty and unjust enrichment. Affirmed.
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